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Thursday, April 11, 2019 @ 8:47 AM

Closing Safe Third Country Agreement loopholes | Colin Singer

Canada and the U.S. are set to begin talks to close a loophole that has allowed more than 40,000 refugee claimants to cross into Canada from the U.S. during the past two years. ... [read more]

Wednesday, April 10, 2019 @ 8:24 AM

Is Philpott correct to say PM broke the law? | Heather MacIvor

On April 9, Dr. Jane Philpott — now the Independent MP for Markham-Stouffville  — rose in the House of Commons and accused Prime Minister Justin Trudeau of breaking the law. She claimed that his unilateral decision to expel her and Jody Wilson-Raybould from the Liberal caucus on April 2 was inconsistent with the Parliament of Canada Act (PCA). ... [read more]

Monday, April 08, 2019 @ 2:06 PM

Access to Justice: View from the trenches | Michael Lesage

As Ontario’s lawyers set to elect a new slate of benchers to Convocation, the oft-discussed, seldom addressed issue of access to justice has again entered into the conversation. Most agree that access to justice is a worthy (if aspirational and ill-defined) goal, that must be advanced and encouraged. However, the facts on the ground tell a different story, that of people being unable (or unwilling) to hire lawyers or to effectively assert their rights on their own. Conversely, lawyers continue their exodus from private practice, especially within the small firm setting (this despite the fact that more and more lawyers are being called to the bar). Clearly, something is amiss. ... [read more]

Monday, April 08, 2019 @ 5:54 AM

TELUS v. Wellman calls for legislative action | William Horton

Pity the Supreme Court of Canada. In TELUS Communications Inc. v. Wellman, [2019] S.C.J. No. 19, the court was called upon to choose between: Excluding tens of thousands of TELUS’ business customers from any effective remedy by keeping them out of a class action which would decide the exact same claims advanced by customers who are consumers; and stretching the words of s. 7(5) of the Arbitration Act beyond the meaning that the words literally bear. ... [read more]

Friday, April 05, 2019 @ 9:08 AM

More reasons to abandon the HST | Dale Barrett

In my first article in this series, I expressed the opinion that the entire HST system and its legal framework are fundamentally flawed. I outlined four of the nine problems with HST to help illustrate why it should be abandoned. Here are the remaining problems. ... [read more]

Thursday, April 04, 2019 @ 2:53 PM - Last Updated: Tuesday, June 04, 2019 @ 12:12 PM

Playing viral roulette with everyone’s health: Vexing anti-vaxxers | Jana Schilder

Editor’s Note: This article has been amended due to an interim publication ban. ... [read more]

Thursday, April 04, 2019 @ 8:52 AM

The Wilson-Raybould affair and the importance of being appropriate | Heather MacIvor

Would you ever have thought that a transcribed conversation between the (now former) federal attorney general and the clerk of the Privy Council would be a fascinating read? The Dec. 19, 2018, phone call between Jody Wilson-Raybould and Michael Wernick is truly gripping. Formal courtesies, mutual incomprehension, mansplaining — it could have been written by Jane Austen, if her subject had been politics rather than romance. ... [read more]

Tuesday, April 02, 2019 @ 9:08 AM

Access to Justice: Looking at the people behind the labels | Beverley McLachlin

Access to justice has two sides — one procedural, one substantive. The procedural side is concerned with giving people access to the legal information and legal services that they need — their hour with a lawyer or their day in court. The substantive side is concerned with ensuring that they access real justice once they are in the system.   ... [read more]

Monday, April 01, 2019 @ 2:41 PM

Wellness: Whatever happened to lawyer-client privilege? | Darryl Singer

As I write this, the U.S. news media, both left and right, is agog about Michael Cohen’s testimony before the U.S. Congress. Mr. Cohen, former lawyer for both Trump Corporation and Mr. Trump personally, shared the most intimate details he learned about the president during his stint as attorney for Trump. Closer to home, I hear young lawyers, in very public places and in very loud voices, discussing confidential and identifying information of a very sensitive nature. ... [read more]

Monday, April 01, 2019 @ 2:19 PM

Treaty relationships from an Indigenous perspective | Angelique EagleWoman

Since time immemorial, Indigenous peoples have engaged in kinship relationships and formed alliances, confederations and networks of relatives. Aboriginal peoples have ceremonies to adopt adult relatives with the intention of connecting in kinship to other peoples, extending circles of community, commerce and goodwill. Making relatives is a sacred and significant obligation taken seriously by Indigenous peoples. Obligations and long-term consequences require forethought and contemplation joined with prayer and ceremony to form new kinship relationships and to renew those relationships at regular intervals. ... [read more]