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Monday, June 07, 2021 @ 8:43 AM

Mea culpa | John L. Hill

I have always maintained that I learned more from cases in court where I was unsuccessful than in those cases where I claimed victory. In late May I submitted an opinion piece to The Lawyer’s Daily that was published on a Monday. Within minutes after its publication, I received an e-mail from Harold A. Maio, a retired mental health editor from Fort Myers, Fla. He rightly objected to the use of phraseology “the mentally ill” that was quoted in the piece that was published. It was noted that the term “the mentally ill” has been used without objection by the late Antonin Scalia in at least two cases that came to the United States Supreme Court (District of Columbia v. Heller in 2008 and McDonald v. City of Chicago in 2010). Despite that fact, the term is objectionable. The preferable manner for expressing the thought would have referenced “prisoners with mental illness.” ... [read more]

Friday, June 04, 2021 @ 2:34 PM

Law society physics | Marcel Strigberger

Albert Einstein said, “If you can't explain it to a 6-year-old, you don't understand it yourself.” ... [read more]

Friday, June 04, 2021 @ 1:37 PM

Modern day imperialism: Canadian interference in Haiti’s democracy | Aan Malahia Chaudhry

Canada has often supported and funded imperialism disguised with the marketing label of democracy. It has interfered with the internal affairs of many countries, alongside the U.S. and other members of groups such as the Core Group (composed of the special representative of the UN secretary general, the ambassadors of Brazil, Canada, France, Germany, Spain, the EU, the U.S., and the Organization of American States) and the 15-member Lima Group. ... [read more]

Friday, June 04, 2021 @ 11:06 AM

Do attitudes that inspired residential schools still prevail in Canada? | Stephen O’Neill

“Two primary objectives of the Residential Schools system were to remove and isolate children from the influence of their homes, families, traditions and cultures, and to assimilate them into the dominant culture. These objectives were based on the assumption Aboriginal cultures and spiritual beliefs were inferior and unequal. Indeed, some thought, as it was infamously said, ‘to kill the Indian in the child.’ Today, we recognize that this policy of assimilation was wrong, has caused great harm, and has no place in our country. ...There is no place in Canada for the attitudes that inspired the Indian Residential Schools system to ever prevail again.” ... [read more]

Thursday, June 03, 2021 @ 2:10 PM

Starting law school amid a global pandemic | Amanda Johl

Years from now, when people mention the global pandemic that was first reported in 2019 and impacted so many lives since, I’ll forever associate it with being the time that I embarked on my law school journey. I, along with the other 1L’s of the past academic year, will be able to say that during a time of global uncertainty and chaos, we survived (arguably) the toughest year of law school. ... [read more]

Thursday, June 03, 2021 @ 1:40 PM

This occupation has Canada’s permission | Michael Lynk

In his recent memoirs, Barack Obama recalled a revealing exchange about American policy towards the Israeli occupation that he had with Ben Rhodes, one of his security advisers. Rhodes had rushed in late for a meeting in the Oval Office, and explained to Obama that he just gotten off a lengthy phone call with a highly agitated liberal Democratic congressman. ... [read more]

Tuesday, June 01, 2021 @ 9:59 AM

Justice: Sometimes poetic, sometimes not so much | Ken Hill

Progress generally benefits the majority, but it can catch some people high and dry, leading to injustice in some cases. When I studied law, the tradition at least in the larger firms was that younger lawyers did the hard work while the senior partners, who had put in their years at the grindstone, took clients out to lunch and kept the majority of the money earned by the firm. Gradually a new approach came to hold sway; i.e., that compensation should be largely based on one’s current billings. I am sure some people who were just arriving at the senior partner status at that time felt, with some justification, that they were being robbed of their long-awaited reward. ... [read more]

Tuesday, June 01, 2021 @ 8:44 AM

The legal business after COVID-19: What’s next? | Yair Elsner

There’s hardly an area of life that hasn’t been impacted by COVID-19, and the legal scene is no exception. With vaccinations rolling out, this is a good time to reflect on pandemic-related changes to the legal business and projections for the industry in the aftermath. Are the changes here to stay? Was it all bad or can we point to some positive outcomes? For one, client acquisition in the legal sector is one area that has become much more sophisticated due to the accelerated processes of digitalization. ... [read more]

Monday, May 31, 2021 @ 2:48 PM

Residential school memoir in shadow of Kamloops | Tony Stevenson

It is unfortunate that some people can only truly know what is good by facing up to the reality of true evil. The discovery of the 215 children at Kamloops and those that will most assuredly follow, will serve us well in that regard. However, real and lasting change will only occur if we face it head on, if we don’t turn away from the worst of what it says about who we are. For only then, will we strive for who we can be in response. Let this be our turning point, our reckoning, our path to reconciliation. ... [read more]

Monday, May 31, 2021 @ 1:56 PM

Pension trustee liability: Managing climate-related risks | Janis Sarra

A new legal opinion released on May 26 by pension expert Randy Bauslaugh of McCarthy Tétrault, titled: Climate Change, Legal Implications for Canadian Pension Plan Fiduciaries and Policy-Makers, provides the first national opinion on the scope of duties of trustees and other pension fiduciaries in respect of climate change. Bauslaugh states that his opinion does not arise from any moral or social desire to save the planet; rather, a basic application of fiduciary obligation imposed by minimum Canadian pension standards legislation and common law means that pension fiduciaries have a key responsibility in managing climate-related risks in their investment of pension plan assets. ... [read more]