A helpful new feature just launched on CanLII.org. Going forward, Ontario court decisions on CanLII will display artificial intelligence generated classification.
The AI feature uses machine learning technology to automatically generate practice area labels. The labels appear in grey at the bottom of a search result, underneath the italicized subject keywords:
The feature offers a quick way for users to determine under which practice area a case has been classified. The Ontario AI project is the second jurisdiction to receive this feature, after CanLII launched the feature for Saskatchewan case law last year.
The guide summarizes material on the sentencing of transgender and gender nonconforming offenders in the following topic areas:
Effect on moral blameworthiness and mitigation
Conditions of imprisonment
Placement in men’s or women’s prisons
The guide is especially timely given sentencing courts recognition of transgender identity as an important factor in imposing a proportionate sentence.
It is licensed under CC BY 4.0, meaning that it can be copied and distributed freely, in whole or in part, if the attribution to rangefindr.ca and the author is intact.
The guide also coincides with the activation of a new tag in Rangefindr: “Accused: Transgender/Gender non-conforming.” This tag allows users to easily find sentencing judgments in which the offender was transgender.
New print copies of Emond’s Criminal law series are now available. A reminder that all our reserve books are available for members to borow for two days, or two weeks for items from the regular collection.
Online access is also available for Digital Evidence, Search and Seizure, and Prosecuting and Defending Fraud Cases, as well as the rest of the Criminal Law Series in the Library Resources section of the member portal.
Digital Evidence — 2nd ed. – “This is the first comprehensive text on this facet of law. It is designed to clarify the nuances of the authentication and admissibility of digital evidence, privacy rights, the uses and limits of social media evidence, and the search and seizure of electronic devices. This text also explores the ways in which law enforcement can access digital data in the hands of third parties, including the various powers created by Bill C-13 (S.C. 2014, c. 31 Protecting Canadians from Online Crime Act).”
Search and Seizure – “Search and Seizure provides a practical examination of the evolving body of legal rules and principles that govern how reasonable searches and seizures are conducted. In particular, it considers the increased complexity of assessing a person’s reasonable expectation of privacy in the digital age. This handbook addresses central concerns and relevant topics such as Section 487 Search Warrants, computer device searches, warrantless searches, and exclusion of evidence.”
Modern Criminal Evidence – “the first major treatise to provide a truly practical and comprehensive guide to criminal evidence law in Canada. Unlike other texts in this area, this book’s practical approach guides readers through evidentiary issues in all components of criminal law, providing indispensable insight from Crown, defence, and judicial perspectives.”
Prosecuting and Defending Fraud Cases, 2nd ed. – “prepares readers to properly litigate fraud cases, examining both prosecutorial and defence perspectives. Guiding readers step by step throughout the process of a fraud case, this practical resource weaves strategic information with case law analysis and relevant provisions of the Criminal Code. This edition features up-to-date legislation, additional content, updated charts, and a new chapter on cyber fraud in Canada.”
It’s that time of the year again – time to nominate your favourite legal blog, podcast, newsletter, or whatever! I can’t believe this has been going on for 16 years – where does the time go??
Nothing fancy about the name of the Gardiner Roberts Litigation Blog – it is literally “Blog”, but don’t let that fool you. The content is substantive and well written, thoughtful legal analysis of recent cases in Ontario. Partners Stephen Thiele and James Cook have been publishing for a couple of years. Wish I had their ability to entice readers with their witty titles.
First Peoples Law hits the legal information trifecta: a blog, podcast AND a newsletter. I have been reading the newsletter (delivered every Sunday) for a few years and rely on it for authoritative national Indigenous content. More in-depth treatment is found on their blog.
For sheer entertainment value (at least to me), I have to include Above the Law‘s Thinking like a Lawyer podcast. The current “cast” of Joe Patrice, Kathryn Rubino and Chris Williams usually have me laughing at some point, either during “small talk” or wondering how Joe’s going to work in his latest ad read. Of course there are also serious topics discussed and, if you’re a Canadian lawyer, you are free to compare your bonuses to a top 100 U.S. law firm.
I look forward to other people’s nominations to add to my legal information sources!
Vlex has updated its search capabilities with the latest update to Vincent, its A.I. research assistant, with cross-jurisdictional recommendations.
“As of November 2021, vLex users can discover recommendations from multiple jurisdictions that differ from that of the document they are looking at. For example, a lawyer using Vincent to analyse a document from the Caribbean or Canada will now see recommendations of textually similar and relevant authorities from the UK, and many other jurisdictions. Importantly, this will enable lawyers to build better arguments using on-point cases and persuasive authorities from jurisdictions that are most relevant to them.”
For more details, this post from Mishcon de Reya lays out the recent trends and advantages of searching other jurisdictions, and also explains why there is still some hesitancy and why judges typically prefer to cite jurisdictions that are geographically nearby.
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
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