Access to Justice
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April 03, 2024
Unseen struggle: Foreign lawyers’ journey to the Canadian bar | Tega Adjara
In the bustling urban landscapes of cities like Toronto and Vancouver, a silent struggle unfolds, hidden beneath the surface of everyday life. It is a tale of resilience, determination and the pursuit of a dream that transcends borders.
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April 03, 2024
Exceptional application asks SCC to reconsider case of Canadians in Northeast Syria | Alex Neve
The prohibition on arbitrary arrest and detention is cornerstone to the rule of law, protected by such safeguards as the obligation to charge anyone who is deprived of their liberty with a recognized offence, provide them with a means to lawfully challenge their imprisonment and guarantee that they will face a prompt, fair trial at which they will be able to defend themselves.
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April 02, 2024
#MeToo in legal profession | Stephanie DiGiuseppe, Laura Metcalfe and Sam Puchala
The Toronto Star recently published an article documenting the sexual harassment and violence women experience in the legal profession. The headline was eye-catching — particularly for lawyers who happen to practise in criminal defence. It read in part: “some say the profession needs its ‘me too’ moment.”
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March 28, 2024
Supreme Court of Canada rules Charter applies to First Nation government and its citizens
The Supreme Court of Canada has ruled 6-1 that the Charter applies to a First Nation government and its citizens in Yukon, as well as ruling 4-3 that the Charter’s s. 25 shields from a community member’s s. 15 equality rights challenge the self-governing Vuntut Gwitchin’s constitutional requirement that its elected leadership must live on the First Nation's traditional territory.
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March 28, 2024
Federal Court provides guidance on use of AI in court proceedings
Notable developments in the field of artificial intelligence (AI) have led to the widespread availability of low- and no-cost generative language tools. These tools appear to offer irresistible benefits to consumers, including lawyers: with a simple prompt, a software program can generate a convincing written output in many different formats, including text that replicates common language found in legal documents.
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March 28, 2024
Encouraging news about employer positive approach to mental health issues | Courtney Mulqueen
Few of us are able to escape workplace stress, but a growing commitment by more employers toward a more preventative approach to mental health issues is a promising sign.
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March 28, 2024
Bill aims to curb delays, but stakeholders call for more resources
A new bill that seeks to curb delays in the justice system and rein in stays of proceedings will be conferring new powers to the justices of the peace by allowing them to oversee criminal court appearances and bail hearings, a development that has received lukewarm praise by Quebec’s main legal actors who were longing for more monies into the system.
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March 26, 2024
Manitoba reaches settlement in principle with kids in care
Staring down the barrel of three class action lawsuits, Manitoba has agreed in principle to pay more than half a billion dollars to children in provincial care.
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March 26, 2024
Ron Ellis’s dream is now draft legislation for Ontario tribunals | Voy Stelmaszynski
The private Member’s bill introduced by MPP Ted Hsu in the Ontario Legislature on Monday, March 25, short-titled the Fewer Backlogs and Less Partisan Tribunals Act, proposes to protect the right of Ontarians to access expert, fair and effective justice at our provincial tribunals by passing legislation that enshrines and activates the fundamental principles of adjudicative independence, integrity and excellence. Many parts of this proposed legislation are based on an earlier draft by the late Ron Ellis, a founding member of Tribunal Watch and a giant in tribunal justice in Canada.
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March 26, 2024
Parole and dangerous offenders, part two | Michael Crowley
To be honest, I do not recall the number of individuals designated as dangerous offenders that I conducted hearings with. But I can say that I released only two during that period of time. At the same time, I was involved with making decisions on hundreds of lifers and granted some form of conditional release in many of those cases.