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Thursday, May 30, 2019 @ 9:47 AM

Osgoode artist in residence’s performance explores legal history to inform future Evidence_Osgoode

In 1894, Toronto resident Clara Ford was accused of murder. In 2019, the legal, judicial and societal implications of that accusation and the trial that followed were explored. Osgoode Hall Law School artist in residence Anique Jordan brought the issues of race, justice, sexuality and class together in a performance art piece titled Evidence.   ... [read more]

Wednesday, May 29, 2019 @ 10:30 AM

Technology decisions just ‘tip of the iceberg’ in innovation: panel Friedrich_Blase_Mark_Le_Blanc_Joe_Milstone_Martine_Boucher_sm

Innovation, whether through technology or process changes, requires an “initial leap” and the possibility of failure, speakers at the 2019 Canadian Corporate Counsel Association (CCCA) National Conference said, encouraging in-house counsel to find allies within their organization to help them make a change. ... [read more]

Wednesday, May 29, 2019 @ 9:29 AM

Lawyers should scrub privileged info before hitting border, states CBA toolkit Cyndee_Todgham_Cherniak_sm

The Canadian Bar Association (CBA) is urging lawyers who cross the Canada-U.S. border to do it with “clean” electronic devices to keep customs officials from accessing client information. ... [read more]

Wednesday, May 29, 2019 @ 8:58 AM

Senators amend Bill C-75 to expand availability of prelims but leave other contentious criminal law reforms intact Pierre Dalphond

The Senate’s influential Legal and Constitutional Affairs Committee has amended the government’s proposed package of criminal procedure and sentencing reforms to expand the number of offences eligible for preliminary inquiries by 393 — more than five times the number proposed by the Liberal government. ... [read more]

Tuesday, May 28, 2019 @ 10:41 AM

No two cases the same; discretion needed in sentencing, says lawyer

Judges must continue to hold a “broad range of sentencing tools” to craft lighter sentences when appropriate, says a lawyer after Nova Scotia’s Appeal Court upheld intermittent jail time for a cocaine dealer turning over a new leaf. The May 13 Nova Scotia Court of Appeal decision in R. v. Chase 2019 NSCA 36 involved a Crown’s appeal of a 90-day intermittent sentence handed to Matthew Chase, who pleaded guilty to possessing six grams of the drug for the purpose of trafficking. ... [read more]

Tuesday, May 28, 2019 @ 9:35 AM

LSO not meeting Federation of Law Societies of Canada’s disciplinary benchmark Jaqueline Horvat sm

According to the Law Society of Ontario’s (LSO) Professional Regulation Committee, the law society has advised the Federation of Law Societies of Canada that its 90-day benchmark to contact complainants and licensees in disciplinary processes is “not realistically attainable.” ... [read more]

Monday, May 27, 2019 @ 3:11 PM

Quebec consumer law does not apply to sale of prescription drugs, Appeal Court rules Marianne Ignacz

In a resounding victory for the pharmaceutical industry, the Quebec Court of Appeal held that the province’s consumer protection law does not apply to the sale of prescription drugs, jettisoning a legal avenue a growing number of class action plaintiffs were using to sue the industry. ... [read more]

Monday, May 27, 2019 @ 9:47 AM

Gender-neutral robing rooms spur debate at Law Society of Ontario Convocation Diana Miles sm

A report for information presented by the Law Society of Ontario’s (LSO) CEO inspired debate at Convocation over changes to the barristers robing room, which would create a gender-neutral space. The May 23 Convocation was the first meeting of the recently elected benchers, 30 of whom are new to the role and now make up the vast majority of seats. ... [read more]

Friday, May 24, 2019 @ 10:35 AM - Last Updated: Friday, May 24, 2019 @ 5:32 PM

SCC clarifies sexual assault law in case spotlighting justice system’s mistreatment of Indigenous women and sex workers Michael-MOLDAVER

In a much anticipated ruling that addresses jury charges, consent, the use of the rape shield and a host of other fraught issues in the law and prosecution of sexual assault, the Supreme Court of Canada has 4-3 allowed, in part, the appeal of Bradley Barton from an Alberta Court of Appeal ruling that ruled in 2017, after his acquittal by a jury, that Barton must face a new trial on murder and manslaughter in the 2011 death of Cindy Gladue following their sexual encounters. ... [read more]

Friday, May 24, 2019 @ 8:47 AM

B.C. Court of Appeal imposes conditions to ensure inmates access to counsel A Latimer

The British Columbia Court of Appeal has released another decision regarding the treatment of inmates in administrative segregation but noted this won’t be the final word as the Attorney General of Canada has made a new application to suspend the declaration of invalidity on solitary confinement. ... [read more]