Gladue Reports Database Update

Way back in May 2018, I wrote about a project out of Saskatchewan to create a database for researching Gladue principles. This resource was going to operate under a subscription model, but has just received funding to make it open access. Content is from Saskatchewan, however, researchers in other jurisdictions will likely find it a useful starting point. It would be even better if other jurisdictions found a way to add on to it.

For now, congratulations to the Law Society of Saskatchewan, Legal Aid Saskatchewan and the Ministry of Corrections and Policing for having the foresight to develop and fund this resource.

H/t to The Lawyers’ Daily: Creators of novel Gladue database hope it becomes widely used after free access

Practice Direction re New Family Division Case Flow Model

On June 28, 2019, the Court of Queen’s Bench issued a practice direction to assist lawyers in transitioning to the Family Division Case Flow Model.

The New Family Division Case Flow Model (New FD Model) was designed so that pre-February 1, 2019 cases were transitioned into the new case flow with ease. The transition of these existing “old system” cases has, for the most part, gone relatively smoothly. However, there has been some confusion among judges, court staff, the Family Bar and the public on transitional issues. This memorandum has been prepared to offer some further guidance on best practices in transitional cases.

The full memorandum is available here.

Summer Rerun – Charterpedia

Summer vacations cut into staff available to write original posts. Over the next few months we’ll be rerunning posts we think you should be reminded of. Enjoy!

The law librarian world is geeking out today over Charterpedia, the federal government’s compilation of analysis and caselaw on the Canadian Charter. It’s like a crowd-sourced annotated Charter, for free!

This Charterpedia provides legal information about the Charter and contains information about the purpose of each section of the Charter, the analysis or test developed through case law in respect of the section, and any particular considerations related to it. Each Charterpedia entry cites relevant case law, and citations to Supreme Court of Canada decisions are hyperlinked whenever possible.

If you don’t have access to a paid annotated Charter product (or even if you do), I’d highly recommend starting with this.

(Originally published Dec 15, 2017)

New Product – Criminal Law Series

We are thrilled to announce additional digital criminal law content available to all members: Emond Publications award-winning Criminal Law series.

Emond’s award-winning Criminal Law Series offers clear, concise guidance on the practical and procedural aspects of criminal law. Ideally suited for members of the criminal bar and judiciary, this collection covers discrete areas of criminal practice, anchored by the expertise of General Editors Brian H. Greenspan and Justice Vincenzo Rondinelli. Most titles are authored by both defence and Crown counsel, lending balance and comprehensiveness to the series.

Emond.ca

These e-books are accessible by signing in to the member’s portal, clicking on the “Library Resources” on the left hand navigation panel, and then scrolling to the bottom of the page. Don’t miss out on our other resources there, like Rangefindr.ca, a criminal sentencing digest. Go to our “Legal Ease” page for guides on how to use these products if you have difficulty, or contact us at library@lawsociety.mb.ca.

Lawyers and Vicarious Trauma

We recently wrote about the declaration of the Canadian Mental Health Association’s Mental Health Week. Lawyers as a group are notorious for ignoring mental wellness and self care. I came across this opinion piece titled “A more inclusive discussion on the impact of trauma on lawyers’ mental health is needed“, published in Canadian Lawyer Magazine, and thought it was a good way to continue the conversation. It was written by Crystal Tomasiuk, Crown counsel with B.C. Prosecution Services, and discusses the vicarious trauma lawyers deal with in their practice. Having sat in on a couple of criminal trials, I have wondered how lawyers deal with the sometimes horrific facts and scenes they are exposed to.

Vicarious trauma can affect those of any background. As important as it is to recognize our collective vulnerability in this way,  more is needed for a truly inclusive and trauma-informed approach. In particular, we need to face the prevalence of trauma in our society and explicitly address the fact that many of us come to the practice of law having already experienced significant trauma that may shape how our mental health is impacted by the pressures of the profession.

If you feel you’re suffering from vicarious trauma, or just the stress of the profession, the Law Society of Manitoba’s Health and Wellness program offers a free and confidential service for you and your family.