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Friday, May 10, 2019 @ 5:41 PM

SCC rules immigration detainees can apply to provincial superior courts for habeas corpus Nico Breed

The Supreme Court of Canada has affirmed 6-1 that persons detained pursuant to the Immigration and Refugee Protection Act (IRPA) may seek habeas corpus review in superior court when the detainee contends that the detention’s length, uncertain duration or conditions are illegal. ... [read more]

Friday, May 10, 2019 @ 9:16 AM

IRB needs timely appointments and resources as refugee claim backlogs, wait times skyrocket Sylvain Ricard

Ottawa must consistently ensure that the Immigration and Refugee Board (IRB) speedily gets the appointments and resources it needs — without the chronic delays the IRB typically suffers. That’s the prescription from immigration law specialist Ravi Jain, vice-chair of the Canadian Bar Association’s immigration law section, for the litany of ills highlighted this week by Interim Auditor General Sylvain Ricard. ... [read more]

Thursday, May 09, 2019 @ 4:57 PM - Last Updated: Thursday, May 09, 2019 @ 11:47 PM

SCC says Clément Gascon in ‘good health’ after judge went missing in Ottawa for hours Gascon_sm

Supreme Court of Canada Justice Clément Gascon, who was reported missing for several hours on May 8 by Ottawa police before he was located “safe and sound” — reportedly in hospital — is “in good health,” according to his family. ... [read more]

Thursday, May 09, 2019 @ 2:34 PM

LSO Statement of Principles issue must be resolved, says treasurer Mercer Malcolm_Mercer_sm

A decision must be made on the Law Society of Ontario’s (LSO) controversial Statement of Principles (SOP) so other issues can be tackled, says the society’s treasurer in the wake of a bencher election where a majority of lawyer seats were won by those opposing the diversity initiative. ... [read more]

Thursday, May 09, 2019 @ 12:19 PM

B.C. Law Society holding referendum on annual general meeting changes

The Law Society of British Columbia (LSBC) is seeking the profession’s input on proposals to change the way its annual general meeting (AGM) functions. At their May 3 meeting, LSBC benchers approved a referendum on streamlining the AGM process after the law society’s governance committee made a number of recommendations for change ... [read more]

Thursday, May 09, 2019 @ 9:41 AM

B.C.’s proposed labour changes positive step for employees: lawyers Fred Wynne, HHBG Lawyers

The B.C. government is seeking to significantly overhaul provincial legislation on employment standards and labour rules, changes lawyers are saying will have a positive effect on the employer-employee relationship in the province going forward. ... [read more]

Wednesday, May 08, 2019 @ 1:31 PM

Lawyers, doctors protest Ontario cuts to legal aid, immigration advocacy Legal_Aid_Demonstration_sm

A May 7 rally at Ontario’s legislature by lawyers and doctors protesting cuts to legal aid was about “life and death” for vulnerable people in need of advocacy, says an organizer. ... [read more]

Wednesday, May 08, 2019 @ 11:45 AM

Taking nude screenshots without consent from live web chat is voyeurism: Ontario Court of Appeal

Taking nude images of an intimate partner without consent, regardless of whether the consensual sexual activity occurred in “virtual space” over the web or in a “physical room,” constitutes voyeurism, the Ontario Court of Appeal ruled on May 2. In R. v. Trinchi 2019 ONCA 356, the three-judge appellate court panel unanimously held that the appellant violated the complainant’s reasonable expectation of privacy by grabbing screenshots of her when she appeared nude in sexually provocative poses on webcam during their Skype chats. ... [read more]

Wednesday, May 08, 2019 @ 9:31 AM

Ottawa tables legislation to create independent oversight for CBSA Ralph Goodale

The Liberal government has unveiled legislation to revamp the RCMP’s public complaints body and create external oversight for the Canada Border Services Agency (CBSA). ... [read more]

Tuesday, May 07, 2019 @ 2:34 PM

Regulated conduct defence clarified in Court of Appeal decision, counsel says Linda Visser sm

The Ontario Court of Appeal’s dismissal of an appeal for a proposed class action against the Liquor Control Board of Ontario (LCBO) provides guidance on the scope of the regulated conduct defence, counsel said, “including in situations where the legislation is passed retroactively.” ... [read more]