Available online to Member’s through vLex, this collection of 8 titles from Irwin Law, the Young Advocate Series is meant to be a bridge between law school and real-world practice,
“The series derives from the Advocacy Club. Based in Ottawa, the Advocacy Club trains junior advocates to conduct interviews, and to prepare for and conduct examinations. In the process, they learn collegiality, civility, and modern techniques that help to make them professionals. A word about what these handbooks are not and what they are. The handbooks are not comprehensive re-placements for legal education; they do not contain legal citations or war stories from real or imagined victories in a glorious past. They do contain a great many tips and techniques that permit the thoughtful junior lawyer to develop and advance skills essential to the profession.”
The Art of the Interview: How Lawyers Talk with Clients – “Good interviews lead to a deeper understanding of both a client’s problems and possible solutions. Conducting successful interviews, however, requires knowing what questions to ask and how to ask them. In this handbook, author John Hollander provides techniques; tricks-of-the-trade; and a series of exercises on conducting interviews, witness preparation, examinations, cross-examinations, and submissions.”
Case Analysis: The Critical Path to Persuasion – “How do lawyers get from the initial interview to a structured closing argument? Cases emerge in fits and starts — a fact here, a document there — and most of what lawyers learn about a case has no bearing on the outcome. How can lawyers begin to separate the wheat from the chaff? Case analysis, as outlined in this handbook, will teach you how to convert preparation into persuasion. Armed with case analysis, lawyers can plan and implement effective examinations, openings, and closings: start with the idea, then present the key facts in a manner that convinces — this is the critical path to persuasion.”
The Civil Courtroom: Professionalism to Build Rapport – “Demonstrating professionalism is one of the most important courtroom skills for civil litigators. A collateral benefit of this skill is learning to establish rapport with the people in the courtroom, including decision makers, opposing counsel, clients, and witnesses. This book will help lawyers recognize and evaluate their courtroom skills, and develop the techniques to improve these skills. Professionalism—both how lawyers act and how they relate to others—should be the ultimate goal of this development.”
Discovery Techniques: A Practical Guide to the Discovery Process in Civil Actions – “The discovery process is an opportunity for litigators to better serve their clients. This handbook examines various issues that arise during the discovery process; focuses the reader on questions and topics that allow improvement in performance; and offers examples and exercises that demonstrate best practices, common errors, and methods to deal with difficult situations.”
Examinations in Civil Trials: The Formula for Success – “The rough and tumble of examinations — direct, cross, redirect — is the heart of this handbook, which offers up a wealth of practical techniques and advice for the novice litigator. For more experienced counsel, it can offer alternatives to practices developed over years. Maintaining a plainspoken style throughout, Examinations in Civil Trials presents a sophisticated and comprehensive approach to conducting examinations in court, and before administrative tribunals. Nearly every section wraps up with a case study — a fact situation drawn from the courtroom that sets up an exercise — and a “solution” clearly showing how an advocate might tackle the exercise with aplomb.”
Expert Witnesses in Civil Litigation: A Practical Guide – “Expert witnesses can be the lifeblood of a lawyer’s case. This handbook applies recent pronouncements of the courts to the involvement of experts in civil litigation. It presents practical tips and techniques for lawyers with respect to the participation of experts from initial retainer, instruction, and report, to preparing experts to testify, leading experts’ evidence at trial, and cross-examination. In each chapter, the handbook uses court cases as examples of the points under discussion. Readers can see how case analysis applies to the role of experts in these cases.”
Legal Writing: Mastering Clarity and Persuasion – “What should a lawyer think about before putting pen to paper? How should lawyers organize their documents? What makes them persuasive? This handbook provides examples and exercises to guide the reader through the process of learning how to communicate persuasively. The chapters deal with such overarching topics as legal writing as a case of project management, general principles of legal writing, and specific good and bad habits.”
Mediation for Civil Litigators: Issues and Solutions – “Mediation presents a number of issues that confront the practitioner moving through the legal process, and this handbook guides the practitioner along that path. Law school rarely provides rigorous training in negotiation skills, yet the art of negotiation is central to the mediation process, the purpose of which is to facilitate settlement. Offering perspectives from several mediators, this handbook provides numerous commentaries and opinions about different aspects of mediation, as well as practical tips for successful negotiation and management of the mediation process.”
New articles from the Canadian Journal of Law and Society and Criminal Law Quarterly are now available for Law Society members upon request. For a pdf copy of these, or other legal journal articles email us at library@lawsociety.mb.ca.
Canadian Journal of Law and Society
Introduction 36 No. 2 Can. J.L. & Soc’y 189 Dia Dabby, David Koussens
“This article reflects on the question of how culture and religion enter legal cases and public debates about the place of majoritarian religious symbols in diverse societies that have some democratic will to inclusion. In the context of the new diversity, the article considers how the articulation of “our culture and heritage” as a strategy for preserving “formerly” religious symbols and practices in public spaces excludes particular groups from the narrative of who “we” are as a nation. The reader is invited to consider how challenges to such symbols and practices might be articulated as a challenge to privilege and power and that a refusal to acknowledge those power relations puts the reputation of democracy and human rights at risk.”
Formalizing Secularism as a Regime of Restrictions and Protections: The Case of Quebec (Canada) and Geneva (Switzerland) 36 No. 2 Can. J.L. & Soc’y 283 Amélie Barras
Voting on Belonging 36 No. 2 Can. J.L. & Soc’y 263 Dia Dabby , Assistant Professor, Département des sciences juridiques, UQAM, Dabby.dia@uqam.ca
Introduction 36 No. 2 Can. J.L. & Soc’y 195 Dia Dabby, David Koussens
L’État Canadien et la Reconnaissance des Droits Religieux Autochtones 36 No. 2 Can. J.L. & Soc’y 245 Claude Gélinas
La Loi sur la Laïcité de L’État et les Conditions de la Fondation Juridique D’Un Modèle Interculturel au Québec 36 No. 2 Can. J.L. & Soc’y 323 Louis-Philippe Lampron
L’Effacement de la Laïcité Libérale en France. De la Séparation du Politique et du Religieux vers la Promotion du ⪡ Vivre-Ensemble ⪢ 36 No. 2 Can. J.L. & Soc’y 303
Convergence Culturelle et Légistique: Pour un Modèle Québécois D’Intégration Distinct Consacré par une Loi-Cadre 36 No. 2 Can. J.L. & Soc’y 339 Guillaume Rousseau
Criminal Law Quarterly
No More Extensions of Criminal Law Through Injunctions? Policing Blockades 69 C.L.Q. 402 Kent W. Roach
The Objectivity of Proof Beyond a Reasonable Doubt 69 C.L.Q. 513 Gerald T.G. Seniuk
“The thesis postulated here explains how the vague standard of “proof beyond a reasonable doubt” can be understood as an objective standard of proof even though the decision isbased on a subjective feeling of certitude. In the main, the objective nature of the reasonable doubt standard of proof can only be discerned as patterns emerge over time through the decisions made by individual judges in different cases. Most guilty verdicts depend on the trier’s strong subjective feeling of certitude about the guilt of the accused, a subjective certitude that is much closer to absolute certainty than it is to a probability, but still short of absolute certainty. This subjective feeling of certitude is constrained from slipping into arbitrariness or whimsy by the legal requirements that the verdict is correct in law, is reasonable, and is supported by the evidence. However, even with those constraints, there is room for uncertainty and disagreement. What elevates the subjective feeling of certitude to the level of objective proof is the agreement of a defined group of reasonable, informed people. In other words, the objectivity of proof beyond a reasonable doubt is a socially constructed objectivity that is defined by a methodology of agreement. This methodology of agreement is similar to what sociologists refer to as an objectivation and epistemologists as objectification.”
Requiem for a Representative Jury? So Long Peremptory Challenge and Hello Expanded Judicial Stand By 69 C.L.Q. 436 Brian Manarin
Notes and Comments R. v. Griffith and R. v. Leonard : A Dangerous Assumption in Recent Right to Counsel Cases Criminal Law Quarterly 2021 69 C.L.Q. 404 Kent W. Roach
Notes and Comments Revisiting the Air of Reality Test Within the Context of the Defence of Provocation: A Case Comment on the Court of Appeal for Ontario’s Decision in R. v. Alas Criminal Law Quarterly 2021 69 C.L.Q. 411 Kent W. Roach
Jury Selection Is Not Random Selection: A Methodological Critique of R. v. Kokopenace and a Recommended Solution 69 C.L.Q. 464 Michelle I. Bertrand, David Ireland and Richard Jochelson
September 30, 2021 marked the first National Day for Truth and Reconciliation. The federal government called on Canadians to don orange shirts bearing the message Every Child Matters and to reflect on the impacts of Canada’s residential school system.
One day earlier, the Federal Court issued its decision in Canada v. First Nations Child and Family Caring Society dismissing the federal government’s latest effort to avoid paying compensation for its chronic underfunding of child and families services on reserve.
The Court’s decision highlights the gap between Canada’s public commitments to Indigenous Peoples and its failure to carry out the hard work that reconciliation requires.
What it is about
For decades, First Nations have fought for increased funding to support Indigenous children and families living on reserve.
In 2007, two Indigenous-led organizations filed a complaint with the Canadian Human Rights Commission alleging that Canada’s failure to properly fund the delivery of child and family services to First Nations on reserve violated the Canadian Human Rights Act.
In 2016, the Canadian Human Rights Tribunal found First Nations children and families were denied equal access to child and family services due to Canada’s failure to adequately fund services on reserve.
Over the next 5 years, the Tribunal issued a series of decisions setting out how affected First Nations children and families would be compensated for Canada’s discriminatory treatment. Canada brought an application for judicial review at Federal Court challenging the Tribunal’s decisions.
What the Court said
The Federal Court dismissed Canada’s application and reaffirmed that the federal government must compensate First Nations for its failure to provide adequate funding for the delivery of child and family services on reserve.
Justice Favel, writing for the Court, went on to reflect on the concept of reconciliation, which he described as part of an ongoing process of “nation-building” based on the foundational, evolving relationship between the Crown and Indigenous Peoples.
Drawing on both Supreme Court decisions and the words of Pitikwahanapiwin (Chief Poundmaker), Justice Favel concluded that when viewed in the context of nation-building, a shared commitment to reconciliation has the potential to “remedy unprecedented discrimination” and lead to the “re-establishment, on a proper foundation, of broken or damaged relationships between Indigenous people and Canada.”
Why it is important
Last summer, the Tk’emlúps te Secwépemc announced they had located the remains of hundreds of children who attended the former Kamloops Indian Residential School. Since then, the unmarked graves of thousands more children have been identified. In the wake of these announcements, the federal government finally acknowledged that Canada’s treatment of Indigenous children amounted to genocide, and established September 30 as a national day to honour survivors of residential schools.
Critically, the Truth and Reconciliation Commission of Canada placed child welfare, including the provision of adequate resources to enable First Nations to keep Indigenous families together in safe, culturally appropriate environments, first among its 94 Calls to Action.
It is within this context that Canada sought to avoid its obligations to pay compensation for failing to adequately fund the delivery of much-needed services to children and families living on reserves.
The Federal Court’s decision is an important vindication for First Nations and Indigenous organizations who have spent decades fighting for better funding for health and family services for Indigenous children and families. It also underscores the connection between Canada’s treatment of Indigenous children at residential schools, and the ongoing discrimination that continues to exist in the child welfare system.
Looking ahead
Canada as a country is founded on the state’s systematic destruction of Indigenous families and cultures.
If we are to move beyond this legacy, the federal government must do more than issue apologies and call on the public to honour the memory of children who have been lost. As Tk’emlúps te Secwépemc Kukpi7 (Chief) Rosanne Casimir recently advised the Prime Minister, “we are not interested in apologies that don’t lead to institutional and widespread change.”
As a first step, Canada must fulfil its legal – and moral – obligations to Indigenous children in Canada today, including by compensating First Nations who have suffered as a result of Canada’s underfunding of Indigenous child and family services, and providing accessible, properly funded services to First Nations on reserve in accordance with the TRC’s Calls to Action.
At a time when the concept of ‘reconciliation’ has increasingly become hollow, the federal government would also do well to take the recent Federal Court decision to heart. As Justice Favel’s words remind us, reconciliation need not be a matter of empty rhetoric – it can be an important, positive part of rebuilding the flawed foundation on which Canada was established.
As always, it will be the federal government’s choice whether to continue on its current path or to take new steps to repair both the past and present-day impacts of colonization on Indigenous children and families.
Canada has 30 days from the date of the Federal Court’s decision to apply for leave to appeal.
First Peoples Law LLP is a law firm dedicated to defending and advancing the rights of Indigenous Peoples. We work exclusively with Indigenous Peoples to defend their inherent and constitutionally protected title, rights and Treaty rights, uphold their Indigenous laws and governance and ensure economic prosperity for their current and future generations.
A full list of new issues from popular journals provided below. For a PDF copy of any of these articles, email us at library@lawsociety.mb.ca.
Journal of Parliamentary and Political Law
Crimes Against D/democracy 15 J. Parliamentary & Pol. L. 461 Gregory Tardi
Canada’s Judicial Appointment Process le Processus des Nominations à la Magistrature au Canada 15 J. Parliamentary & Pol. L. 465 Roger Bilodeau,
Is the British North America Act, 1916 Still on the Books? The Balfour Declaration, Constitutional Amendments and Statute Law Revision Acts 15 J. Parliamentary & Pol. L. 471 Thomson Irvine
“The British North America Act, 1916 was a highly significant statute in its time. Enacted in the middle of the Great War by the British Parliament at the request of the Parliament of Canada, it extended the life of the twelfth Parliament of Canada by one year, deferring the federal general election from 1916 to 1917.1 That deferral contributed to the Conscription Crisis of 1917, which shattered national unity on linguistic lines. The BNA Act, 1916 also set the precedent for s. 4(2) of the Canadian Charter of Rights and Freedoms, *472 which allows for the extension of the term of the House of Commons or a provincial legislative assembly during war, invasion or insurrection.2 The BNA Act, 1916 was a major piece of constitutional legislation.Yet the BNA Act, 1916 is not included in the list of statutes which make up the Constitution of Canada”
The Promise of R. v. Sharma: An Opportunity to Constitutionalize the Principle of Restraint as a Principle of Fundamental Justice 15 J. Parliamentary & Pol. L. 505 Michael A. Crystal
The Justiciability of the Right to Free Basic Education Conundrum in Nigeria, South Africa and India: From Obstacle to Miracle 15 J. Parliamentary & Pol. L. 525 Emmanuel Olugbenga Akingbehin
The Antagonistic Style of Judicial Review in Bangladesh: A Good Candidate for the Dialogic Model? 15 J. Parliamentary & Pol. L. 549 M. Jashim Ali Chowdhury
Viruses and Votes: Elections During COVID-1915 J. Parliamentary & Pol. L. 575 Matthew LeBlanc
The Canadian Approach to Inmate Voting Rights 15 J. Parliamentary & Pol. L. 585 Kimvy Ngo
(Mis)Direct Democracy: Social Constraints and Legal Solutions for Referenda Concerning Electoral Reform in Canada 15 J. Parliamentary & Pol. L. 595 Kassandra Neranjan
The “Democratic Deficit” of the European Union: Fact or Fiction? 15 J. Parliamentary & Pol. L. 607 Liam Brunton
Can a Senator Be Suspended without Pay? The Duffy Case 15 J. Parliamentary & Pol. L. 623 B. Thomas Hall
Canadian Refugee Lawyers Association (CARL) v. Canada: Legal Challenge to COVID-19 Direct Back Policy for Refugee Claimants 15 J. Parliamentary & Pol. L. 637 Arghavan Gerami, Stéfanie Morris
Notable Case Law Concerning Legislative Bodies and Their Members 15 J. Parliamentary & Pol. L. 645 Melanie J. Mortensen
Book Reviews
Review of: Law, Rights, and Discourse: The Legal Philosophy of Robert Alexy by George Pavlakos, ed. (Portland, Ore.: Hart Publishing, 2007) 15 J. Parliamentary & Pol. L. 663 Megan Ma
Review of: Fundamental Justice: Section 7 of the Canadian Charter of Rights and Freedoms by Hamish Stewart (Toronto: Irwin Law, 2020) 15 J. Parliamentary & Pol. L. 671 Michael A. Crystal , Peter Ketcheson
Intellectual Property Journal
The Perplexities of Patent Prosecution History: Procedure over Principle? 33 I.P.J. 225 David Vaver
Assessing Trademark Distinctiveness: Comment on Section 32(1)(b) of the Trademarks Act 33 I.P.J. 241 Daniel R. Bereskin, C.M., Q.C.
AI and Patents: Finding Harmony between Protection of Intellectual Property Rights and Innovation 33 I.P.J. 253 Anna Morrish
Assessing the Governance of Wearable Technology in the Changing Privacy RegulatoryFramework 33 I.P.J. 279 Summer Lewis
The Right to Be Forgotten in Canada 33 I.P.J. 303 Elif Babaoglu “Even though a vast majority of Canadians currently express that they are concerned with losing control of their personal information, Canadian law does not provide individuals with a right to be forgotten to remedy this issue. Accordingly, Canadian data protection laws should be reformulated to encompass and implement a law similar to the right to be forgotten to provide data subjects with more robust protections for their fundamental rights and freedoms.”
Insolvency Institute of Canada Articles
This is an Intervention: Reflections on the Interventions Brought by the Insolvency Institute of Canada between 2013-2020 I.I.C. Art. Vol. 10-15
Is Canada a Beacon of Co-operation in International Insolvency Proceedings? Recent Developments Under Part IV of the CCAA (Articles) I.I.C. Art. Vol. 10-7
Guiding Principles for Distressed M&A Transactions: Choosing the Right Path and the Future of POAs and RVOs I.I.C. Art. Vol. 10-5
Reverse Vesting Transactions: An Innovative Solution to Restructure Insolvent Cannabis Companies I.I.C. Art. Vol. 10-10
The Use of Pierringer Releases in CCAA Restructuring Plans: A Bicycle for a Fish? I.I.C. Art. Vol. 10-13
”Come a Little Bit Closer”: Convergence and its Limits in Canadian Restructuring Law I.I.C. Art. Vol. 10-1
The Art of Marshalling: The Good, the Bad, and the Potential I.I.C. Art. Vol. 10-11 “The equitable doctrine of marshalling is seldom in the forefront of judicial discussion and appears infrequently in case law; however when it is raised, it gives reason for pause. Marshalling recently came to the writers’ notice as being worthy of closer attention as a result of the Manitoba Court of Appeal’s decision in Wolfe et al. v. Taylor. The Manitoba Court of Appeal’s decision to decline to apply the doctrine was based primarily on the “single common debtor rule.” The appeal court’s refusal to give effect to the doctrine of marshalling forms the impetus for this paper, which re-examines the numerous and technical rules governing the applicability of the doctrine, and how the doctrine has not been applied flexibly. The authors then advocate for a more flexible approach to be taken (“it’s time to start”), and explore how marshalling may be used within an insolvency proceeding to achieve the desired flexibility.”
Measuring Up: Improving Analysis of Outcomes in CCAA Cases I.I.C. Art. Vol. 10-8
Creditor Protection and Litigation Funding Arrangements in the Wake of Bluberi I.I.C. Art. Vol. 10-4
The Cost of Doing Business: Issues Regarding Priority for Environmental Reclamation Costs and Lessons from the Yukon Zinc Receivership I.I.C. Art. Vol. 10-12
How Safe is the Harbour: Eligible Financial Contracts and the Bellatrix CCAA Proceedings I.I.C. Art. Vol. 10-6
The Use of Third-Party Releases in Canadian Restructuring Proceedings I.I.C. Art. Vol. 10-14
Where’s the Plan? The Declining Role of CCAA Plans in the Canadian Restructuring Landscape, and When They Still May be Needed I.I.C. Art. Vol. 10-16
Consent is Key: Constituting Pledges of Cash in Québec I.I.C. Art. Vol. 10-2
Recent Developments in CBCA Plans of Arrangement — Finding the Balance Between a Facilitative and a Functional Process I.I.C. Art. Vol. 10-9
Court Officers as Litigants, or What Happens When Restructuring Professionals Step into the Ring I.I.C. Art. Vol. 10-3
Education and Law Journal
Classrooms in Crisis: Workplace Violence and Harassment Experienced by Educators in Ontario 30 Educ. & L.J. 149 Jennifer Del Riccio
In the Crosshairs: The Precarious Status of Academic Freedom in the United States and Australia 30 Educ. & L.J. 197 Paul Babie, Charles J. Russo
The Status of Youth under the Civil Code of Quebec 30 Educ. & L.J. 173 Ned Lecic, Marvin A. Zuker
Remote Learning During the COVID-19 Pandemic and the Interpretation of Collective Agreements 30 Educ. & L.J. 219 Natasha Abraham
Reaffirming Deference to Joint Submissions on Penalty 30 Educ. & L.J. 225 Parmbir Gill
Good Intentions Are Not Good Enough: Sexual Misconduct Policies Do Not Guarantee Reasonable Outcomes for Students 30 Educ. & L.J. 231 Emily Home “Since 2016, post-secondary institutions in Ontario have been required to have a sexual violence policy that outlines how they address complaints and incidents of sexual violence. However, the legislature has not dictated the contents of that policy, merely that a policy must exist. There have been numerous high-profile news stories across the country that demonstrate many universities are still struggling with the balance to be struck between protecting students from sexual misconduct, punishing students who engage in sexual misconduct, and maintaining procedural fairness and integrity. Doe v. the University of Windsor is another demonstration of the fact that the mere existence of a sexual violence policy is not sufficient to guarantee a reasonable outcome. Universities must ensure that investigators and decision-makers are trained in handling such matters, in order to avoid unreasonable outcomes such as the one addressed by the Divisional Court in this case.”
Canadian Criminal Law Review
The Reasonableness of Regulatory Searches: Saying Goodbye to the Criminal-Regulatory Binary 26 Can. Crim. L. Rev. 77 Steven Penney
The Rule of Law: The Role of the Various Participants in a National Security Context 26 Can. Crim. L. Rev. 29 George G. Dolhai
Fault, Causation and Absolute Liability in Criminal Code s. 320.14 26 Can. Crim. L. Rev. 1 Ami Kotler “As a matter of legal theory, however, the amendments raise difficult questions about the status of liability. As the law has recognized for many years, driving covers a continuum of risky behaviours, some of which are allowed, some of which are appropriately covered by regulatory offences and some of which are truly criminal. Any of these can cause a collision that results in death or bodily harm. By failing to connect the accused’s driving to his or her intoxication, do the new sections allow absolute liability–that is, liability in the absence of fault concerning the death/bodily harm element of the offence? If not, what is the fault component attached to that element? What is its threshold? These may prove hard questions to answer, particularly where an accused causes death or bodily harm while driving unremarkably notwithstanding his or her impairment.”
Book Reviews
A Guide to Mental Disorder Law in Canadian Criminal Justice (Michael Davies, Anita Szigeti, Meaghan McMahon and Jill R. Presser, LexisNexis: 2020) 26 Can. Crim. L. Rev. 109
Meaghan McMahon and Jill R. Presser, LexisNexis: 2020) 26 Can. Crim. L. Rev. 109 Justice Patrice F. Band
Oxford: Hart Publishing: 2018. Pp. xxxv, 275) Canadian Criminal Law Review 26 Can. Crim. L. Rev. 117 Barry Sullivan
Detention of Terrorism Suspects: Political Discourse and Fragmented Practices (Maureen Duffy, Oxford: Hart Publishing: 2018. Pp. xxxv, 275) 26 Can. Crim. L. Rev. 117 Barry Sullivan
Canada-United States Law Journal
Welcome & Opening Of The 2020 Cusli Symposium 145 Can.-U.S. L.J. 1Stephen J. Petras, Jr., The Honorable James J. Blanchard, Chios Carmody, Speakers
Keynote Presentation–Harmful Algal Blooms In The Great Lakes Basin: A Binational Sub-Federal Approach? 145 Can.-U.S. L.J. 5Dr. Kathryn Bryk Friedman, Dr. Irena F. Creed, Speakers
Government Regulatory Panel 145 Can.-U.S. L.J. 13Stephen J. Petras, Jr., Katrina Kessler, Karen Stainbrook, Dr. Madeline Magee, Michael Alexander, Chitra Gowda, Tricia Mitchell, Dr. Lucinda Johnson, Moderator, Speakers
Academic & Ngo Panel 145 Can.-U.S. L.J. 30Stephen J. Petras, Jr., Todd Brennan, Dr. Diane Dupont, Howard Learner, Moderator, Speakers
Question & Answer Period 145 Can.-U.S. L.J. 40Stephen J. Petras, Jr., Moderator
Conclusion By The Authors 145 Can.-U.S. L.J. 48Dr. Kathryn Bryk Friedman, Dr. Irena F. Creed, Speakers
Canada-U.S. Law Institute Special Webinar On The 2020 U.S. Election–The 2020 U.S. Election: Implications For Canada 145 Can.-U.S. L.J. 52Dr. Christopher Sands, Chios Carmody, Speakers
Welcome & Opening Of The 2020 Cusli Experts’ Meeting 145 Can.-U.S. L.J. 71Stephen J. Petras, Jr., Dr. Christopher Sands, The Honorable Jane Harman, Speakers
Keynote Address–The United States And Canada: Outlook For Bilateral Relations In 2021 145 Can.-U.S. L.J. 75Ambassador Kirsten Hillman, The Honorable Jane Harman, Moderator
Panel Discussion–Predictions For The Bilateral Relationship 145 Can.-U.S. L.J. 81Diane Francis, Lauren Gardner, Alexander Panetta, Moderator, Speakers
CanLII has recently added two new open access eBooks to their commentary database. To stay up to date with CanLII new releases or to see what is popular, be sure to visit their blog at blog.canlii.org.
“Professor Beswick’s course readings are a collection of edited decisions, legislation, and articles designed to support Tort Law courses in (common law) Canada. They are complemented by a series of multiple-choice quizzes and questions that students can complete in their own time. “
Written by a team of 124 leading litigators and legal experts, Civil Procedure and Practice in Ontario is an annotated guide to the Ontario Rules of Civil Procedure, the Courts of Justice Act, and the Limitations Act. It contains helpful commentary that contextualizes and explains the language of the legislation and regulations, along with examples of case law interpreting them.
The latest articles are now available from this month’s legal journal updates. PDF copies of these articles are available by request at library@lawsociety.mb.ca.
Estates Trusts & Pensions Journal Volume 40 Number 4, August 2021
Conflicts when Acting as Trustee and Lawyer 40 Est. Tr. & Pensions J. 347 C. David Freedman
Why Estate Planning Matters for the LGBTQ+ Community 40 Est. Tr. & Pensions J. 356 Darren G. Lund, Brittany Sud
Is There a Limit to the AG’s Parens Patriae Jurisdiction over Charities? 40 Est. Tr. & Pensions J. 377 Joel Nitikman
Canadian Journal of Administrative Law and Practice Volume 34
Abrametz v. Law Society of Saskatchewan, 2020 SKCA 81 34 Can. J. Admin. L. & Prac. 313 Morgana Kellythorne
“While still purporting to apply the Blencoe framework, the Court of Appeal in Abrametz took a broader and more interventionist approach to delay in administrative proceedings, clearly inspired by Jordan. Indeed, the Abrametz approach would extend greater protection from delay to litigants in administrative proceedings than to those in criminal proceedings.”
Wildlife Management, Privative Clauses, Standards of Review, and Inuit Qaujimajatuqangit: The Dimensions of Judicial Review in Nunavut 34 Can. J. Admin. L. & Prac. 265 Daniel W. Dylan
Is the Civil Resolution Tribunal Headed for a Crash–How Will the BCCA Apply the Article 35 Reference to Trial Lawyers 2021? 34 Can. J. Admin. L. & Prac. 231 Josh Hunter
Book Review Rules for a Flat World by Gillian K. Hadfield, Oxford University Press, Paperback Edition, 2020 34 Can. J. Admin. L. & Prac. 323 Voy Stelmaszynski
Canadian Journal of Law and Jurisprudence Volume 34
Radbruch’s Formula Revisited: The Lex Injusta Non Est Lex Maxim in Constitutional Democracies 34 Can. J.L. & Juris. 461 Seow Hon Tan
Why Is Aboriginal Title Property If It Looks Like Sovereignty? 34 Can. J.L. & Juris. 417 Douglas Sanderson (Amo Binashii) , Amitpal C. Singh
The Question to Be Faced Is One of Fact: H.L.A. Hart’s Legal Theory through His View of International Law 34 Can. J.L. & Juris. 283 Giovanni Bisogni
Making What Present Again? A Critique of Argumentative Judicial Representation 34 Can. J.L. & Juris. 259 Donald Bello Hutt
Beyond Reasonableness: The Dignitarian Structure of Human and Constitutional Rights 34 Can. J.L. & Juris. 341 Kai Möller
“The last two decades have witnessed a wide-ranging and global discussion of the theory and structure of human and constitutional rights. This debate initially focused on the principle of proportionality and subsequently on the related ideas of the ‘culture of justification’ and the ‘right to justification.’ There is now a far-reaching agreement that both proportionality and justification in human and constitutional rights law are concerned with the reasonableness, alternatively the justification in terms of public reason, of the act under consideration. Thus, reasonableness and/or public reason have assumed a, perhaps the, central place in the theory of human and constitutional rights. This article challenges this picture as incomplete and unbalanced.”
The Coxford Lecture Corrective Justice and Reparations for Black Slavery 34 Can. J.L. & Juris. 329 Adrienne D. Davis
Recognizing One More Wrong 34 Can. J.L. & Juris. 493 Allan Beever
Introduction and Issue Overview 44 Man. L.J. i Bryan P. Schwartz , Darcy L. MacPherson
Justice Côté in 2019: Great Dissenter, Voice of the Court, or Both? 44 Man. L.J. 1 Sandrine Ampleman-Tremblay
Hryniak Comes to Manitoba: The Evolution of Manitoba Civil Procedure in the 2010s 44 Man. L.J. 36 Gerard J. Kennedy
“This article investigates whether the Supreme Court of Canada’s 2014 decision Hryniak v Mauldin has led to changes in Manitoba procedural law, largely in the summary judgment context. After introducing Hryniak and civil procedure reform’s place in the context of Canada’s access to justice crisis, the author turns to Manitoba. In addition to exploring the regulatory history of explicit changes to Manitoba’s Court of Queen’s Bench Rules, the author delves into Manitoba case law to determine their jurisprudential consequences and whether they have had effects in terms of the frequency that particular rules are used. Ultimately, it is concluded that, despite some potential to be bolder, by and large, Manitoba has prudently charted its own path in this important area of facilitating access to justice.”
Feeling Inadequate: Reframing the Mindsets of Legal Education to Promote Mental Health 44 Man. L.J. 66 Edward Béchard-Torres
Reconsidering Legal Pedagogy: Assessing Trigger Warnings, Evaluative Instruments, and Articling Integration in Canada’s Modern Law School Curricula 44 Man. L.J. 87 Richard Jochelson , James Gacek , David Ireland
Collaborative Law 44 Man. L.J. 121 Brendan Forrest
Alternative Fee Arrangements 44 Man. L.J. 134 Sean Corrigan
What Is Cultural Legal Studies? 44 Man. L.J. 143 Jennifer L. Schulz
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