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Friday, October 16, 2020 @ 12:32 PM

Juries: Trick or treat? | Marcel Strigberger

Juries first scared me at the age of 9. How? I grew up in Montreal, the son of immigrants from Belgium. One day my late father, a humble tailor, received a letter with an impressive-looking logo of the scales of justice. My dad, whose literary skills did not approximate his ability to alter a fine pair of trousers, asked me to read and translate it. I noticed the word “jury,” whatever that meant. I suspected it had nothing to do with hockey. ... [read more]

Friday, October 16, 2020 @ 9:21 AM

Jessop file: It is never too late to correct a wrong | Bhavan Sodhi

Two hundred and 10 years is a long time. Comparatively, 210 years ago was 57 years before the confederation of what is now Canada; it was more than a century before both world wars; 172 years before the introduction of our Charter of Rights and Freedoms; and it is a duration spanning over 28 different Canadian prime ministers. Two hundred and 10 is also the total number of years that 23 Canadians have collectively spent in prison for crimes they did not commit. ... [read more]

Thursday, October 15, 2020 @ 1:36 PM

Boardroom sustainability depends on director competencies | Helle Bank Jorgensen

The writing is on the boardroom wall: Sustainability is no longer an afterthought or a nice to have; it is a strategic imperative. How a company deals with sustainability — proactively or reactively — impacts how the most material stakeholders, including shareholders, view the company and its directors.   ... [read more]

Thursday, October 15, 2020 @ 12:33 PM

Legal distinction between beliefs, obligations: A humanist response | Wes McMillan

In his Aug. 28 piece “The chimp, the bee, the SCC” Barry Bussey argues that “over the last decade, the Supreme Court of Canada has largely disregarded the communal aspect of religion, leading to decisions that severely curtail the freedom of religious communities to operate in accordance with their beliefs.” ... [read more]

Thursday, October 15, 2020 @ 10:07 AM

Often imitated, but never duplicated: The ‘Notorious’ | Jasmine Daya

I recall the day I welled up in tears as I watched a documentary on the Notorious RBG. I felt overwhelmed with emotion over what this little woman with huge passion had accomplished to pave the way for women. I was once again filled with emotion upon hearing of the passing of Justice Ruth Bader Ginsberg. ... [read more]

Thursday, October 15, 2020 @ 8:38 AM

Law society must do more than implement Employment Standards Act | Kyla Lee

The members of the Law Society of British Columbia (LSBC) recently passed a resolution at the annual general meeting to incorporate into the law society rules or code of professional conduct the provisions of the Employment Standards Act related to minimum wage, breaks, sick leave and overtime pay. ... [read more]

Wednesday, October 14, 2020 @ 3:31 PM

Compassion over compliance: From retributive to restorative justice | Marvin Zuker

Prior to COVID-19 closing schools and changing our way of life, our schools had been failing many of our children. The disproportionate suspension and expulsion of Black students was the norm. Teachers had low expectations of these students. There were schools in Ontario with more police officers than counsellors. Our students need our support, not punishment. ... [read more]

Tuesday, October 13, 2020 @ 1:55 PM

Legislative protection for remote workers: A Canadian proposal | Tara Vasdani

As I began my employment law work in the digital nomad and remote workspace in 2018, I could not have predicted its uptick in 2020. Curious, courageous and inquisitive, I sought to explore how cybersecurity, contract law and employment legislation could or should apply to workers working outside of the jurisdiction of their employers, or at home. ... [read more]

Friday, October 09, 2020 @ 2:48 PM

Give thanks in 2020? Objection, Your Honour | Marcel Strigberger

“Thank you. Thank you very much." I doubt even the King, Elvis, were he around, could say it and mean it this Thanksgiving. ... [read more]

Thursday, October 08, 2020 @ 12:34 PM

Time to put civil justice out to pasture? | Michael Lesage

Objectively speaking, the Ontario court system has long functioned poorly, a state of affairs much aggravated by COVID-19. Long delays in criminal prosecutions continue to result in dismissed cases, despite the dictates of the Jordan decision (R. v. Jordan 2016 SCC 27). The Ontario family law system can charitably be described as a shambles and is perhaps best known for its Byzantine rules and procedures (see CLEO Family Law flowcharts) and close to 60 per cent rate of self-representation. ... [read more]