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Articles by Alisa Lazear
UK Blows its Nose in Europe's General Direction
On 13 June 2022 the UK government introduced a Bill that will authorize it to unilaterally re-write key terms of the Northern Ireland Protocol (“Protocol“) which is part of the Withdrawal Agreement it made with the EU on Brexit, less than 3 years ago.
Added Value in Legal and Other Professional Information Provision
Posted in: The announcement, applicable to England and Wales, of the alpha launch of Find Case Law, from the National Archives, is a significant step forward in giving greater access to case law and making judgments available freely for re-publication under a new copyright regime, the Open Justice Licence. For free access to cases from both Irish jurisdictions, Scotland, the European courts and the Commonwealth, the British and Irish Legal Information Institute (BAILII) remains a key source.
Tips Tuesday - Slaw
Here are excerpts from the most recent tips on SlawTips, the site that each week offers up useful advice, short and to the point, on practice, research, writing and technology. Research & Writing ‘I Hope This E-Mail Finds You Well’ Neil Guthrie This phrase, beloved of vendors of products and services you probably don’t want and with whom you are unacquainted, is puzzling. What do they mean? … « Previous: Added Value in Legal and Other Professional Information Provision
Monday’s Mix - Slaw
Each Monday we present brief excerpts of recent posts from five of Canada’s award-winning legal blogs chosen at random* from more than 80 recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible. This week the randomly selected blogs are 1. Cannabis & Life Science Law 2. Canadian Securities Law 3. First Reference 4. The Docket 5.
Summaries Sunday: SOQUIJ
Every week we present the summary of a decision handed down by a Québec court provided to us by SOQUIJ and considered to be of interest to our readers throughout Canada. SOQUIJ is attached to the Québec Department of Justice and collects, analyzes, enriches, and disseminates legal information in Québec. PÉNAL (DROIT): Le tribunal approuve l’accord de réparation intervenu entre la poursuite et les organisations SNC-Lavalin inc. et SNC-Lavalin International inc.
Can Discovery Evidence be Used in a Criminal Case, More Guidance from R v JJ, 2022 SCC 28
Four years ago, I wrote about the use of discovery evidence in criminal matters (linked: here). Today (June 30, 2022), the Supreme Court of Canada has provided greater guidance on this question, specifically in the context of sexual assault cases. In R v. JJ, 2022 SCC 28, Justice Wagner and Justice Moldaver writing for the Majority upheld sections to 278.94 of the Criminal Code, excerpted in part below.
The State of Administrative Law Teaching: A Review of Administrative Law in Context
Yes, Virginia, there is an administrative law. But what is it? …It is now recognized. But it is not quite accepted. It fits no antique mould. Not knowing just what it includes, the legal profession has never felt quite at ease with it nor quite known how to handle it. Albert Abel, “The Dramatis Personae of Administrative Law”, 1972 “Administrative law is not for sissies — so you should lean back, clutch the sides of your chairs, and steel yourselves for a pretty dull lecture.
Wednesday: What’s Hot on CanLII
Each Wednesday we tell you which three English-language cases and French-language cases have been the most viewed* on CanLII and we give you a small sense of what the cases are about. La version française suit. For this last week, the most-consulted three English-language decisions were: 1. FCA Canada Inc. v Unifor, Locals 195, 444, 1285, 2022 CanLII 52913 (ON LA) 92. I observe that there is no “right” to remain unvaccinated and remain in active employment.
Tips Tuesday - Slaw
Here are excerpts from the most recent tips on SlawTips, the site that each week offers up useful advice, short and to the point, on practice, research, writing and technology. TL;DR Neil Guthrie Translation: ‘too long; didn’t read’. This is the verdict, Aaron Orendorff argues, on most work-related writing. Orendorff, a writer and editor, suggested a while back in the New York Times that your work colleagues really don’t want to read anything you write in a professional setting. …
Should There Be a Different Code of Conduct for Family Lawyers?
Posted in: In November 2021, the Child and Youth Law section, the Family Law section, and the Ethics and Professional Responsibility Subcommittee of the Canadian Bar Association (“CBA”) submitted a proposal for two amendments to the Model Code of Professional Conduct to the Federation of Law Societies of Canada. The CBA recommended that the Model Code include a section for non-adversarial advocacy as well as distinct standards for the practice of family law.
An Open-Access Teaching Q&A With UBC Law Professor Samuel Beswick, Editor of Tort Law: Cases and Commentaries
Samuel Beswick is an assistant professor at the University of British Columbia Peter A. Allard School of Law. His primary scholarly interests are in the areas of torts, unjust enrichment, limitations, and remedies. Last year, Professor Beswick reached out to CanLII to discuss a new casebook and syllabus he was designing for his 1L Torts class. He wanted to create a teaching resource that would utilize CanLII’s online functionality and be freely accessible to students and professors.
Monday’s Mix - Slaw
Posted in: Each Monday we present brief excerpts of recent posts from five of Canada’s award-winning legal blogs chosen at random* from more than 80 recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible. This week the randomly selected blogs are 1. Family LLB 2. BC Estate Litigation Blog 3. Official Clio Blog 4. SOQUIJ | Le Blogue 5.
Summaries Sunday: SOQUIJ
Every week we present the summary of a decision handed down by a Québec court provided to us by SOQUIJ and considered to be of interest to our readers throughout Canada. SOQUIJ is attached to the Québec Department of Justice and collects, analyzes, enriches, and disseminates legal information in Québec. FAMILLE : Le père, dont les comportements aliénants ont mené à la rupture du lien entre l’enfant et la mère, a engagé sa responsabilité civile et est condamné à verser 30 000 $ à cette dernière.
Friday Jobs Roundup
Each Friday, we share the latest job listings from Slaw Jobs, which features employment opportunities from across the country. Find out more about these positions by following the links below, or learn how you can use Slaw Jobs to gain valuable exposure for your job ads, while supporting the great Canadian legal commentary at Slaw.ca.
Mathematician Error Sees Lawsuit Subtracted from Docket
Written by Daniel Standing LL.B., Editor, First Reference Inc. When major workplace disputes arise, sometimes litigation is the only avenue to a resolution. It is easy to think of the courts as the place where these disputes are settled, but for a unionized employee, opting to sue the employer instead of going through the grievance process could be the wrong move.
Community-Based Justice
Posted in: Does finding help in your community when you are experiencing troubles produce a sense of wellbeing and security? Do feelings of well-being and security matter as outcomes? The criminal law perspective has dominated the public and professional discourse about community security and wellbeing for decades.
Commentary on the LSO Competence Task Force Report
Posted in: On May 26, 2022, Convocation is considering recommendations from the Competence Task Force. The key recommendations are outlined below: Effective January 2024, all licensees who are designating as sole practitioners for the first time would be required to take a practice essentials course comprised of practical training on foundational practice and business management topics.
Wednesday: What’s Hot on CanLII
Each Wednesday we tell you which three English-language cases and French-language cases have been the most viewed* on CanLII and we give you a small sense of what the cases are about. For this last week, the most-consulted three English-language decisions were: 1. R. v. Brown, 2022 SCC 18 [2] At common law, automatism is “a state of impaired consciousness, rather than unconsciousness, in which an individual, though capable of action, has no voluntary control over that action” (R. v.
We Are All Impostors
An interesting article in a US legal periodical last month discussed the rising incidence of an already widespread problem for new lawyers. Impostor syndrome — “the internal experience of doubting your abilities or feeling like a fraud” — has afflicted junior lawyers for a long time. But the pandemic has made it worse: I think this is true, and firms could help address it by encouraging their newest lawyers to gather in person frequently.
Personal Conflicts of Interest and the Junior Lawyer
In April, former Alberta Justice Minister Jonathan Denis was found in contempt of court because a letter sent on his behalf threatened to bring an action for defamation against a plaintiff who was in the middle of giving testimony in a civil trial. The plaintiff, Dr. Sauvageau, was Alberta’s top forensic pathologist from 2011-2014, and was suing the province alleging that she had been forced out of the job because she raised concerns relating to political interference.
Tips Tuesday - Slaw
Here are excerpts from the most recent tips on SlawTips, the site that each week offers up useful advice, short and to the point, on practice, research, writing and technology. Research & Writing A Possessive Puzzle Neil Guthrie Is it Amber and Veronica’s children or Amber’s and Veronica’s children? It could be either, depending on what is meant. The first refers to the children Amber and Veronica parent together; the second to two sets of children, separately parented.
Monday’s Mix - Slaw
Posted in: Each Monday we present brief excerpts of recent posts from five of Canada’s award-winning legal blogs chosen at random* from more than 80 recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible. This week the randomly selected blogs are 1. The Trauma-Informed Lawyer 2. Attorney with a Life 3. Intrepid Podcast 4. Law School Life & Beyond 5.
Light at the End of the Tunnel
♫ There’s a light at the end of the tunnel There’s a chance that it ain’t gonna rain There’s a light at the end of the tunnel And for once it ain’t a fast moving train…♫ Music and Lyrics by Don Cook, Keith Whitley, recorded by Keith Whitley. On May 12, 2022 the British Columbia Court of Appeal issued reasons in the case of: Trial Lawyers Association of British Columbia v. British Columbia (Attorney General), 2022 BCCA 163.
Misgendering Students Can Be Professional Misconduct
In the so-called culture wars these days, there can be highly politicized debates around transgender rights and the proper use of pronouns. In Ontario, these debates are without legal basis, as gender identity and gender expression are protected grounds under the Human Rights Code. Under some misguided notion of challenging students to think critically, there are teachers who reiterate the talking points of both sides of such culture wars, but do so at their own peril.
Summaries Sunday: SOQUIJ
Every week we present the summary of a decision handed down by a Québec court provided to us by SOQUIJ and considered to be of interest to our readers throughout Canada. SOQUIJ is attached to the Québec Department of Justice and collects, analyzes, enriches, and disseminates legal information in Québec.
Summaries Sunday: Supreme Advocacy
One Sunday each month we bring you a summary from Supreme Advocacy LLP of recent decisions at the Supreme Court of Canada. Supreme Advocacy LLP offers a weekly electronic newsletter, Supreme Advocacy Letter, to which you may subscribe. It’s a summary of all Appeals, Oral Judgments and Leaves to Appeal granted from April 14 – May 18, 2022 inclusive. Oral Judgments Criminal Law: Provocation R. v.
Friday Jobs Roundup
Each Friday, we share the latest job listings from Slaw Jobs, which features employment opportunities from across the country. Find out more about these positions by following the links below, or learn how you can use Slaw Jobs to gain valuable exposure for your job ads, while supporting the great Canadian legal commentary at Slaw.ca.
Unfair Treatment Not Always Violation of Human Rights
Posted in: Written by Lewis Waring, Paralegal, Student-at-Law, Editor at First Reference In Nguyen v Central Stampings Limited (“Nguyen”), an employee’s feeling that an employer’s conduct derived from discriminatory intent due to his sex was not sufficient to obtain compensation for violation of the Ontario Human Rights Code. Background The employer was a manufacturer of metal stamping products.
Wednesday: What’s Hot on CanLII
Each Wednesday we tell you which three English-language cases and French-language cases have been the most viewed* on CanLII and we give you a small sense of what the cases are about. For this last week, the most-consulted three English-language decisions were: 1. Denis v Sauvageau, 2022 ABCA 166 [31] Granting a stay of proceedings pending appeal does not send a message that an appeal has merit.
Challenging the Status Quo With Style Guides
Posted in: There is more than one way to approach setting standards for the writing and formatting of documents. An important thing to keep in mind is having a continuous awareness of, and sensitivity to, the use of text within our changing world, and to build style guides as tools that can help reflect our values, rather than a set of rules that never advance. In my work at CanLII, I’ve had the opportunity to develop a style guide to help meet the needs of our collaborative writing projects.
Tips Tuesday - Slaw
Here are excerpts from the most recent tips on SlawTips, the site that each week offers up useful advice, short and to the point, on practice, research, writing and technology. Research & Writing Use Polls During Student Training Susannah Tredwell It’s May, which means (if you happen to be a law firm librarian) it is summer student training time. COVID-19 has meant that a significant amount of training is now offered online rather than in person.
Loose-leaf Legal Publications: A Dialogue
Posted in: [What follows is an imagined dialogue between a lawyer and a librarian, regarding a fictional loose-leaf publication] Lawyer: I’d like to see what you have in the library on the crime of jabberwock-slaying, please. Librarian (without consulting the catalog): Yes, the seminal treatise on the topic is Carroll on Jabberwocks, shelved under call number… you know what, I’ll just grab it off the shelf for you. Lawyer: Thanks, I’ve never really understood what call numbers are, anyway.
12 Trends in Estate Litigation for 2022
If 2021 is any indication, 2022 promises to be another busy year in estate litigation. With the incredible transfer of inter-generational wealth occurring right now, skyrocketing real estate values, the increase in blended families, and the heightened level of emotion when a loved one dies, estate litigation is going to continue to be a reality for many people in Canada. Here are 12 of the top trends and recurring themes in estate litigation that I see as we start the New Year. 1.
Monday’s Mix - Slaw
Each Monday we present brief excerpts of recent posts from five of Canada’s award-winning legal blogs chosen at random* from more than 80 recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible. This week the randomly selected blogs are 1. SOQUIJ | Le Blogue 2. Off the Tracks Podcast 3. Barry Sookman 4. Library Boy 5. Doorey’s Workplace Law Blog SOQUIJ | Le Blogue Coalition contre le bruit c. Bel-Air Laurentien Aviation inc.
Pivoting from Print to Digital: Insights from the Canadian Law Library Review
While access to legal journals in printed form is still desired, many have transitioned to a purely digital format. But what exactly does moving from print to digital entail? To better understand this process, I asked Susan Barker, retired law librarian from the University of Toronto and current acting editor of the Canadian Law Library Review (CLLR), about her experience when the publication took the leap to online-only in 2015. 1. What were the motivations for CLLR to go purely digital?
Wednesday: What’s Hot on CanLII
Each Wednesday we tell you which three English-language cases and which French-language case have been the most viewed* on CanLII and we give you a small sense of what the cases are about. For this last week: 1. Teamsters Local Union 847 v Maple Leaf Sports and Entertainment, 2022 CanLII 544 (ON LA) 20. It seems to me that that by opposing the disclosure of vaccine status the Union is indeed challenging the vaccine mandate.
Coaching Questions for January: Which Two Will You choose?
January 18 th 2022 Posted in: Happy New Year! Welcome, 2022. Whether you are starting the New Year in a positive situation or find yourself facing many challenges, it can be helpful to remember there is always much within your ability to control and influence. To help kickstart some reflection and to not overburden and overwhelm, what 2 questions would you ask yourself about what you want to give focus and attention to this year?
Tips Tuesday - Slaw
Here are excerpts from the most recent tips on SlawTips, the site that each week offers up useful advice, short and to the point, on practice, research, writing and technology. Research & Writing Strictly Ballroom? Neil Guthrie Strictly Ballroom is the title of a 1992 movie by Baz Luhrmann. What has this to do with legal writing? The word strictly. Like all adverbs, strictly is weak, even when it is meant to sound tough. …
Monday’s Mix - Slaw
Each Monday we present brief excerpts of recent posts from five of Canada’s award-winning legal blogs chosen at random* from more than 80 recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible. This week the randomly selected blogs are 1. PierreRoy & Associés 2. Paw & Order 3. Appointed podcast 4. Legal Feeds 5.
Overcoming Access Hesitancy with the Legal Health Check-up
Access hesitancy is a widely acknowledged and persistent barrier to providing access to justice services. The people-centered approach that is integral to the Legal Health Check-up (LHC) can identify disadvantaged people with problems and provide them with help, in a manner that they will hopefully perceive as providing fair and just resolutions to the problems with which they are struggling. In that way, the LHC model offers a one good solution to the problem of access hesitancy.
Tips Tuesday - Slaw
Here are excerpts from the most recent tips on SlawTips, the site that each week offers up useful advice, short and to the point, on practice, research, writing and technology.
Monday’s Mix - Slaw
Each Monday we present brief excerpts of recent posts from five of Canada’s award-winning legal blogs chosen at random* from more than 80 recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible. This week the randomly selected blogs are 1.Meurrens on Immigration 2. Eloise Gratton 3. Library Boy 4. The Lean Law Firm 5.
Court of Appeal for Ontario Introduces Case Summaries
Last week, I mentioned steps taken by the Supreme Court of Canada to make the law more accessible to the public. This includes case summaries provided by the Court, to provide an unofficial and streamlined overview of the case. The Court of Appeal for Ontario has recently adopted a similar approach in Restoule v. Canada (Attorney General), 2021 ONCA 779 (CanLII), providing its own summary of the 300 page decision on its site.
Summaries Sunday: SOQUIJ
Every week we present the summary of a decision handed down by a Québec court provided to us by SOQUIJ and considered to be of interest to our readers throughout Canada. SOQUIJ is attached to the Québec Department of Justice and collects, analyzes, enriches, and disseminates legal information in Québec.
Friday Jobs Roundup
November 26 th 2021 Posted in: Each Friday, we share the latest job listings from Slaw Jobs, which features employment opportunities from across the country. Find out more about these positions by following the links below, or learn how you can use Slaw Jobs to gain valuable exposure for your job ads, while supporting the great Canadian legal commentary at Slaw.ca.
Why We Need a Canada Trade Secrets Act
To address the growing problem of trade secret theft hurting Canadian businesses and innovators, the federal government needs to consider a major legislative reform to its existing IP laws. It is time to start thinking about passing a federal Canada Trade Secrets Act. The idea of a legislative answer to the problem of trade secret theft in Canada is not new. The Alberta Law Reform Institute proposed model legislation in 1986. The Uniform Law Conference of Canada did the same in 1987.
Leadership Advice for Lawyers
Based on a SLAW post I wrote in 2017, I was recently asked to speak at a conference for women lawyers on leadership. The article focussed on how to effectively lead practice groups and client teams. The date of the original article serves as evidence that I’ve been encouraging leadership skills development in lawyers for a long time, but it really began in the early 2000’s when I developed my initial processes for practice group management.
Case Conferences: Gaining Popularity
In Innocon Inc. v. Daro Flooring Constructions Inc., 2021 ONSC 7558, Justice F. L. Myers writes that “Parties should expect case conferences to be used to resolve summarily procedural issues with greater frequency. With current backlogs and resource limitations, there is simply no judicial time available to schedule short motions especially those which, like here, are tactical and do not advance the resolution of the case on its merits”. Case conferences are on the rise for good reason.
Wednesday: What’s Hot on CanLII
Each Wednesday we tell you which three English-language cases and which French-language case have been the most viewed* on CanLII and we give you a small sense of what the cases are about. For this last week: 1. Lavergne-Poitras v. Canada (Attorney General), 2021 FC 1232 [58] The Attorney General concedes that forced medical treatment, including forced vaccination, would engage liberty and security of the person interests under section 7 of the Charter.
Assisted Decision-Making and the Proposed EU AI Regulation : An Emerging Paradigm Shift from Consent to Contextually Mitigating Human Rights Violations - Slaw
Artificial intelligence is briskly transforming consequential decision-making, disrupting democratic institutions. Most recently, some 26 000 Dutch parents of immigrant background or members of cultural communities stood wrongfully accused of defrauding their government with disastrous consequences, including suicide. It later surfaced that the authorities had naively procured an algorithm to more efficiently detect the fraudulent obtention of child benefit subsidies.
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