Access to Justice
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April 26, 2024
Military judges are independent; dual role as military officers doesn’t breach Charter: SCC
The inclusion of military judges in the chain of command of the Canadian Armed Forces (CAF) neither raises a reasonable apprehension of bias nor makes military judges insufficiently independent such that their military status breaches CAF members’ 11(d) Charter right to be tried by an independent and impartial tribunal, the Supreme Court of Canada has ruled.
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April 26, 2024
Regulatory changes coming for Ontario lawyers in private practice, sole practitioners
In the name of protecting the public, Ontario’s law society has made it so lawyers in private practice will be required to have a client contingency plan should they unexpectedly have to stop providing legal services, and new sole practitioners will face possible suspension for not completing a “practice essentials course.”
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April 25, 2024
Might courts be partly to blame for court backlog?
The backlog in Ontario’s criminal courts has received much publicity. Recently, two high-profile cases have been stayed because there is a shortage of Superior Court judges available to reduce the strain now apparent in the criminal justice system.
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April 25, 2024
Parental alienation: The one-size-fits-none theory | Suzanne Zaccour
It is trite to point out that, in family law, every case is unique and requires an individualized solution. But that doesn’t mean that clear rules don’t have their place. Critics argue that the National Association of Women and the Law’s push to ban parental alienation accusations is overly simplistic. But is it really?
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April 23, 2024
B.C. Court of Appeal upholds order referring ad price-fixing dispute against Google to arbitration
The B.C. Court of Appeal has upheld a lower court decision favouring arbitration of a proposed class action against internet giant Google over allegations that it engaged in anti-competitive practices to artificially maintain the price of Google search ads above competitive market rates.
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April 23, 2024
AI, protecting yourself from bad actors | Connie L. Braun and Juliana Saxberg
While it is true that many people believe that laws and regulations are enacted only to limit us, laws and regulations are actually in place to guide us about how to conduct ourselves properly in life and business. Common standards and shared values, consideration of others and responsible behaviour all contribute to a society that functions well. Some people will use tools, intended for good, in harmful ways — ways that disregard laws and regulations. The same applies to the use of AI, with individuals finding ways to impersonate, cheat, manipulate and deceive — anything you can think of to exploit others.
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April 22, 2024
Alabama IVF ruling: Bad facts make bad law | Abby Hafer
On Feb. 16 of this year, the Alabama Supreme Court ruled that embryos that are created by in vitro fertilization (IVF) are to be considered children. Since Canadian conservatives have a bad habit of sounding like their southern counterparts, this should worry Canadians.
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April 19, 2024
Family court judges must balance fairness in assisting the self-represented: lawyer
Given the growing number of self-represented litigants in family court, judges must ensure fairness to both sides when assisting those who appear without counsel, says a lawyer following a Saskatchewan case where a trial judge failed to give adequate help to a father acting for himself in a parenting dispute.
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April 19, 2024
Paroling lifers | Michael Crowley
A couple of years ago, I was contacted by Alice Boatwright, an old friend who was writing her third “cosy” mystery, set in an idyllic English village. She wanted my input on the British system of parole, specifically as it might relate to someone who was being paroled back to her home, the location of the murder she had apparently committed.
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April 19, 2024
Mystery of bail in Canada | Norman Douglas
Case 1: Alcoholic steals liquor from local LCBO.