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Wednesday, June 06, 2018 @ 11:42 AM

Non-criminal lawyers must use caution advising those arrested, lawyers say James_Morton_sm

Lawyers not practising criminal law but called by people arrested should be cautious when giving guidance, but know enough to advise on staying silent, dealing with persistent police questioning and seeking criminal defence counsel, say legal experts. ... [read more]

Wednesday, June 06, 2018 @ 9:33 AM

Legal Aid Commission’s decision not to fund human rights claims not discriminatory: N.W.T Court of Appeal Chris Buchanan sm

The Northwest Territories Court of Appeal has determined that the Legal Aid Commission’s policy not to fund human rights complaints is not discriminatory as it’s not a “service customarily made available to the public.” ... [read more]

Tuesday, June 05, 2018 @ 10:41 AM

B.C. First Nation can’t reopen evidentiary record in pipeline case: Federal Court of Appeal

A British Columbia First Nation has failed to reopen the evidentiary record in its challenge to the controversial Trans Mountain pipeline expansion project. The Tsleil-Waututh Nation, a Coast Salish people centred around the Burrard Inlet area, are currently in the process of challenging the environmental assessment surrounding the project, which will bring diluted bitumen (dilbit) from the Alberta oil sands to Burnaby, B.C. ... [read more]

Tuesday, June 05, 2018 @ 9:21 AM

B.C. to increase supports for jurors with post-trial stress, mental health issues Richard Fowler, Fowler Blok Criminal Defence Lawyers

The government of British Columbia is heeding a call to offer greater assistance to jurors who have experienced stress and mental health challenges after difficult trials, but a prominent defence counsel is saying the federal government needs to step up to the plate and change the Criminal Code to give jurors the ability to discuss the details of their cases in order to ensure they receive proper treatment. ... [read more]

Monday, June 04, 2018 @ 9:12 AM

Like it or not, plea deals necessary for Canada’s justice system, says legal scholar Isabel_Grant_sm

Plea bargaining is a far-from-perfect path to resolution, but is an essential pressure valve for Canada’s resource-strapped justice system, says a legal scholar. There are both pros and cons to the controversial practice of plea negotiations, said University of British Columbia law professor Isabel Grant, whose comments follow the release of a report by the Saskatchewan Law Review. ... [read more]

Monday, June 04, 2018 @ 8:49 AM

Outgoing treasurer Schabas oversaw ‘shift in thinking’ at Law Society of Ontario Paul Schabas sm

Change has been the name of the game at the Law Society of Ontario (LSO) over the past two years as Paul Schabas has led the organization through complicated, and often public, challenges. This month the law society will have to prepare for another change as Schabas leaves his position as treasurer on June 28 and a new leader takes his place. ... [read more]

Friday, June 01, 2018 @ 1:25 PM

B.C. Court of Appeal rules court erred when considering past conduct in personal injury case Nathan Muirhead, Hakemi & Ridgedale LLP

The British Columbia Court of Appeal has ordered a new trial for a woman who alleged she suffered an injury while on a Vancouver city bus, ruling the trial judge erred when she admitted evidence regarding a prior complaint the woman had made contrary to the rule on collateral fact. ... [read more]

Friday, June 01, 2018 @ 10:07 AM - Last Updated: Friday, June 01, 2018 @ 3:56 PM

SCC rules Groia not guilty, sets standard for when lawyers’ incivility in court becomes professional misconduct Justice Michael Moldaver

The Supreme Court of Canada has overturned the Law Society of Ontario’s (LSO) controversial professional misconduct conviction of Toronto securities litigator Joe Groia in a much-anticipated ruling which clarifies the approach and standard for determining when lawyers’ uncivil courtroom conduct crosses over into professional misconduct. ... [read more]

Friday, June 01, 2018 @ 8:35 AM

Ottawa common law dean wants to be an institution builder Adam Dodek

Even though he’s known in the legal community as a prolific writer, Adam Dodek is putting that side of his career on pause — if not completely on hold — for the next five-and-a-half years, while he serves as dean of the common law faculty at the University of Ottawa. ... [read more]

Thursday, May 31, 2018 @ 10:36 AM - Last Updated: Thursday, May 31, 2018 @ 4:43 PM

SCC rules courts have limited power to review fairness of decisions of voluntary associations David Gnam

The Supreme Court of Canada has allowed the appeal of a Jehovah’s Witness congregation in Calgary against a decision by the courts below to review for procedural fairness an edict by church elders requiring the congregation to shun one of its members. ... [read more]