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Articles by Catherine Morris
“A Security Is What the Law Says It Is”: Legislative Breadth and Judicial Purpose in Canadian Securities Law
Canadian securities law has long resisted narrow or technical definitions of the term “security.” Instead, both legislatures and courts have embraced an intentionally expansive and purposive conception, one designed to capture a wide range of investment arrangements rather than a closed set of financial instruments. The oft‑invoked proposition that “a security is what the law says it is” reflects not interpretive casualness, but a deliberate regulatory strategy.
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. The Supreme Court of Canada has “clarified” the elements of the duress defence. The defence is important because it can affect admissibility. For example, in Guerra Diaz v.
Why Canadians Need the Luxembourg Convention on Protection of the Legal Profession
Several Canadian governments have been using politicized rhetoric against “self-interested” lawyers and biased courts to garner popular support for increased control of the legal system. This column examines threats to the independence of the legal profession in Canada and explores how the Council of Europe Convention on the Protection of the Profession of Lawyer (Luxembourg Convention) could fortify the rule of law.
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. Legal Sourcery 2. Sport Law Blog 3. Eloise Gratton 4. Labour Pains 5.
The Application of Gladue Principles in Judicial Discipline: Gibbon v Justices of the Peace Review Council
Posted in: I typically write about lawyer discipline, not judicial discipline.
Three Thoughts About Legal Services Pricing
The 2025 Edition of the “Report on the State of the US Legal Market,” from the Thomson Reuters Institute and the Center on Ethics and the Legal Profession at Georgetown Law, is a pleasantly comfortable variation on this longstanding publication’s familiar theme of “Large American law firms make astonishing amounts of money but would still benefit from running even slightly like actual businesses.” Receiving a new version of this report and its consistent message every January is a welcome new...
A Billion Here, a Billion There, and a Billion for Legal Aid
The most recent legal aid data from the Department of Justice Canada reports that total expenditures on legal aid reached a landmark in 2022-23 surpassing the $1 billion mark, standing at $1.14 billion.[1] This brings to mind the phrase famously attributed to the American Senator Everett Dirksen, although he later denied having said it but decided he would let it stand anyway because it sounded good; a billion here, a billion there and pretty soon you’re talking about real money.
Use define: in Google
If you’re looking for the definition of a word on Google, you can use the define: tag. For example, if you are looking for the definition of “affidavit”, you’d use the syntax define:affidavit which will bring up a brief definition along with its pronunciation. If you click on the “see more” arrow, google will bring up a brief etymology of the word as well as usage over time.
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. Librarian of Things 2. OsgoodePD Blog 3. Canadian Securities Law 4. Borderlines Podcast 5.
Book Review: The Legal Singularity: How Artificial Intelligence Can Make Law Radically Better
Several times each month, we are pleased to republish a recent book review from the Canadian Law Library Review (CLLR). CLLR is the official journal of the Canadian Association of Law Libraries (CALL/ACBD), and its reviews cover both practice-oriented and academic publications related to the law. The Legal Singularity: How Artificial Intelligence Can Make Law Radically Better. By Abdi Aidid & Benjamin Alarie. Toronto: University of Toronto Press, 2023. 226 p.
International Day of the Endangered Lawyer 2025: The Persecution of Lawyers in Belarus
The persecution of lawyers in Belarus is the focus of attention during the 15th international Day of the Endangered Lawyer on 24 January 2025. This international day has been observed by lawyers around the world on the 24th of January every year since 2010. Each year the focus is on a country where lawyers and legal professionals are at particular risk. In 2025 the focus is on Belarus.
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. Double Aspect 2. The Defence Toolkit 3. Durant Barristers Blog 4. ReconciliAction YEG 5.
Elevating the Client Experience in Professional Services
In the super-competitive professional services landscape, the ability to deliver an exceptional client experience continues to be a critical differentiator. While firms have traditionally focused on technical expertise and functional capabilities, clients now demand a more holistic, client-centric approach.
The Law Society of Alberta Trial of Minister Madu – What Has Race Got to Do With It? - Slaw
In January 2022, headlines across Canadian media ignited a controversy involving Kaycee Madu, Canada’s first Black provincial justice minister. The reports centered on Madu receiving a traffic ticket from a police officer after a traffic stop and subsequently calling the police chief to discuss his concerns over the traffic stop.
Mastering AI Prompts for Legal Professionals Practical Strategies and Tools
This submission is part of a column swap with the American Association of Law Libraries (AALL) bimonthly member magazine, AALL Spectrum. Published six times a year, AALL Spectrum is designed to further professional development and education within the legal information industry. Slaw and the AALL Spectrum board have agreed to hand-select several columns each year as part of this exchange. Tips for drafting effective AI prompts.
10 Practical Strategies for Law Schools to Embrace AI
Artificial intelligence (AI) is transforming nearly every sector of society, and the legal field is no exception. While AI is rapidly reshaping legal practice, legal education risks falling behind. Surveys of university graduates indicate that they feel unprepared for the workforce due to a lack of AI integration into their education. Legal regulators like the Law Society of Ontario, emphasize that lawyers must understand AI’s risks and benefits to meet professional responsibility standards.
Look at Freedom of Information Requests
If you’re trying to find government information that is generally not made available, it may be helpful to look in databases of information released as part of an FOI request. Note that availability of this information varies by jurisdiction. The Government of Canada provides a database of completed Access to Information (ATI) requests made to the Government of Canada after January 2020.
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. IP Osgoode 2. Legal Feeds 3. Stewart Sharma Harsanyi Immigration Law Firm Blog 4. Canadian Combat Sports Law Blog 5.
The Erasure of Rights of Afghanistan’s Women and Girls: Taking the Taliban to Court
The Taliban’s unlawful takeover of Afghanistan in August 2021 has become a “human rights catastrophe.” Afghan women and girls are being erased from public life as their rights are systematically annihilated. On 26 September 2024, Canada announced a plan to take the Taliban to the International Court of Justice (ICJ) over their violations of Afghanistan’s obligations under the Convention on Elimination of All Forms of Discrimination against Women (CEDAW).
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. Borderlines Podcast 2. First Reference 3. Robichaud’s Criminal Law Blog 4. Family LLB 5.
Context Matters: Lessons in the Practicalities of Procedural Fairness
While there may be growing consensus about the fact that self-represented litigants (SRLs) are often unsure of court procedures and processes, a recent decision from the Yukon Court of Appeal highlights the significant implications for SRLs who are struggling, and the responsibility on other justice system players to make the process as transparent as possible.
Assessing Lawyers' Accounts: Good Points to Remember
Thanks for the great book reviews Amelia. You had me at the promise of justification for an afternoon nap. more » I found this very interesting. Would the same reasoning lead to the conclusion that lawyer election of benchers should be… more » I agree whole-heartedly with your conclusion, Amy. These direct democracy processes do tend to obscure and sometimes subsume the Law… more » Thank you for this contribution. I also participated in the consultations and read the "What We Heard" report.
Wednesday: What’s Hot on CanLII? – September 2024 - Slaw
At the beginning of each month, we tell you which three English-language cases and French-language cases have been the most viewed* on CanLII in the previous month and we give you a small sense of what the cases are about. For this past month, the three most-consulted English-language decisions were: Kanthasamy v. Canada (Citizenship and Immigration), 2015 SCC 61 [1] Abella J.
Law Society Discipline of Lawyer-politicians: Lessons from Law Society of Alberta v Shandro
Posted in: The decision of the Law Society of Alberta in Law Society of Alberta v Shandro (2024 ABLS 14) has received media attention, but primarily for the result. In the process of dismissing three citations against politician Tyler Shandro, the Hearing Committee panel makes some important points about politicians who happen to be lawyers – points that are worthy of more attention independent of the result in the specific matter.
Workplace or Watchtower? Examining the Rise of Employee Surveillance
What motivates you the most in the workplace? Is it the sense of accomplishment from completing a challenging project? Or maybe the camaraderie of collaborating with a great team? No, of course not. Silly of you to think that! The thing that motivates all of us, of course, is fear and paranoia that comes from workplace surveillance! It is the sentiment of an invisible omnipresence—with the threat of criticism, punishment, or even unemployment—that will deliver managers the best results.
The Catch-22 of Law Firm Partner Profits
A recent article in an American legal periodical highlighted what I believe is the irreconcilable problem with large full-service law firms in that market. The title — “Tensions Ripple Through Partnerships As Law Firm Culture Shifts to Bottom Line Focus” gives away the plot, but a couple of illustrative excerpts are worth sharing: More law firms are moving to adopt a business-first approach, shifting away from traditional demands on firm partners.
Lawyers Who Act & Give Back: Watching Seana McKenna Watch Paint Dry – the Remount - Slaw
Before J.D. Vance, we had our own cat lady, Twiss—an unapologetic lover of cats and Cats. Twiss, along with a cast of other lovable characters and a fantastic script inspired by the great Shakespearean actress Seana McKenna, is set to take the stage at the Palmerston Public Library Theatre (Toronto) from October 25-27. Watching Seana McKenna Watch Paint Dry is exactly what it sounds like—the title doesn’t mislead. A group of people attend a play to watch Seana McKenna watch paint dry. And why not?
Book Review: Music Borrowing and Copyright Law: A Genre-by-Genre Analysis
Several times each month, we are pleased to republish a recent book review from the Canadian Law Library Review (CLLR). CLLR is the official journal of the Canadian Association of Law Libraries (CALL/ACBD), and its reviews cover both practice-oriented and academic publications related to the law. Music Borrowing and Copyright Law: A Genre-by-Genre Analysis. Edited by Enrico Bonadio & Chen Wei Zhu. Oxford: Hart, 2023. xviii, 464 p. Includes bibliographic references and index.
Captive Humans for Trade: Where’s the Law in "Hostage Diplomacy"?
The August 2024 prisoner exchange involving Russia, the United States, and several other countries has been lauded as a triumph of international diplomacy. Foreign hostages were not the only people released by Russia. Rights advocates were joyfully surprised and relieved that several Russian human rights defenders and political prisoners were released as part of the deal.
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. Legal Feeds 2. Lawyered Podcast 3. Employment & Human Rights Law in Canada 4. Canadian Combat Sports Law Blog 5.
When are Non-Competes Enforceable?
Whether a restrictive covenant, like a non-compete clause, is enforceable depends on the context. In Dr. C. Sims Dentistry Professional Corporation v. Cooke, 2024 ONCA 388, Justice van Rensburg of the Ontario Court of Appeal upheld the trial judge’s decision to enforce the restrictive covenants placed on a dentist after he sold his practice. In her reasons, Justice van Rensburg notes that courts will give more scrutiny to the reasonableness of a restrictive covenant in the employment context.
Judicial Recusal at the Supreme Court: More Transparency Needed
Justice Jamal and the Supreme Court deserve passing marks for their transparency in addressing the request by the Quebec Government that the judge recuse himself in Quebec Secularism Law (Bill 21) case. This is in sharp contrast to the “F” that almost every commentator would give the high court for its dealings with the complaint against Justice Russell Brown in 2023 (see for example this scathing critique from Professor Geoff Sigalet).
Tips Tuesday: Researching Legislation in BC
If you need to research legislation in British Columbia, Gail Nash’s publication Legislation Made Easy has now been made freely available on BC Laws. This publication, well known to law librarians, is “a guide to the complexities of the various aspects of statutes, regulations and orders.” It covers such things as the legislative process, how bills, regulations and orders come into force (along with helpful flowcharts) along with some helpful definitions.
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. Precedent: The New Rules of Law and Style 2. First Reference 3. The Court 4. Lash Condo Law 5.
From Game Rooms to Courtrooms: How Virtual Reality (VR) is Changing the Legal Landscape
“Jury Duty” is a courtroom spoof-comedy reality show where the only victim is Ronald Gladden, who thinks he’s going to be a juror. Ronald is “picked” as a juror in a civil trial, except he is the only one who isn’t in on the theme of the show. The judge, counsel, fellow jurors, and witnesses are all actors, but Ronald is not.
Unshackling Justice for Black and Indigenous Communities in Canada: Reimagining the “Public Interest” Test in Criminal Prosecutions
For decades, the ideas of equality, justice, and human rights have been the core pillars of Canada’s national identity. However, the reality embedded within our criminal justice system creates a significant obstacle to the actualization of those ideas.
A Seismic Shift in Regulation of BC Lawyers: A Case Study in the Failure of Democratic Law-Making
British Columbia’s government is currently fighting the Law Society of British Columbia (LSBC) and the Trial Lawyers Association of British Columbia (TLABC) over BC’s new Legal Professions Act (Bill 21). They and others see Bill 21 as unlawfully terminating the independence of the profession of lawyers. Bill 21 also serves as a case study in the failure of democratic law-making.
Is Your Face a Liability?
AI – the discussion points keep coming! I just spent about 15 minutes of my day stripping my face off the internet! That includes asking Google and Edge to remove cached images of my face. Why the heck would I do that? Here’s why: Taryn Plumb, “Face Off: Attackers are Stealing Biometrics to Access Victims’ Bank Accounts” (February 21, 2024). “…cybersecurity company Group-IB has discovered the first banking trojan that steals people’s faces.
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. David Whelan 2. SOQUIJ | Le Blogue 3. Employment & Human Rights Law in Canada 4. PierreRoy & Associés 5.
Ontario AG Looks to Circumvent the Rules Committee to Fix the Superior Court
Posted in: Afflicted with a “culture of complacency[1],” the Ontario Superior Court has long struggled to timely advance cases to trial.
Discrimination Based on Physical Disability Costly for New Brunswick Employer
In December 2023, the Vice-Chairperson of the New Brunswick Labour and Employment Board (Board) confirmed that the employer discriminated against an employee when the employer terminated his employment following an injury. The Board also concluded that the employer bullied, harassed and belittled the employee. Consequently, the Board awarded $10,000 as general damages, which included damages for injury to the employee’s dignity, feelings, self-respect and self-worth.
“Due Care" Required to Overcome Missed Patent Deadlines
A recent decision of the Federal Court endorsing the position of the Canadian Intellectual Property Office is a warning to patent practitioners on communication practices with their clients. In determining whether there had been sufficient ‘due care’, it found that more was needed than sending email reminders where no responses had been received from the client. In Taillefer v.
AI in the Law School Classroom - My Experiment
Last semester, with increasing agitation in the media about AI’s potential impact on the legal profession, I decided to wade in and show my students a little AI in my law school classroom. The course is Advanced Legal Research. The Experiment I gathered up a list of interesting readings on the topic of AI and the legal profession. Many of them pointed to horror stories or emerging policies and guidelines in the area. Later I decided to record my findings in my AI Regulation LibGuide.
Dealing with Sudden Resignations: 5 Tips for the Small Firm Founder
You are in the middle of another busy day of legal practice when your star associate pops their head in your office. “Can I speak to you for a moment?” “Sure,” you say. The next thing you know, the associate is telling you they are resigning from their position and will be gone in four weeks. This is the reality of the workplace; good associates and staff members move on. Why do people leave? Most often, it is to make a career move that better aligns with their goals.
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. FACL BC Podcast 2. First Reference 3. The Court 4. Family LLB 5.
2024 New Year Update on US Legal Research
Posted in: 2024 is off to a good start with several online U.S. legal information stories from the Law Library of Congress. On January 18th, 2024 The Law Library of Congress In Custodia Legis blog posted a blog post by Jennifer Davis on the Anniversary of the Indian Self-Determination and Education Assistance Act. ““Felix Cohen noted that, “[f]rom the earliest years of the Republic the Indian tribes have been recognized as “distinct, independent political communities’” (Cohen 1941, 122).
Book Review: The Law of Affidavits
Several times each month, we are pleased to republish a recent book review from the Canadian Law Library Review (CLLR). CLLR is the official journal of the Canadian Association of Law Libraries (CALL/ACBD), and its reviews cover both practice-oriented and academic publications related to the law. The Law of Affidavits. By John Douglas Shields. Toronto: LexisNexis Canada, 2023. 255 p. Includes bibliographic references, table of cases, and index. ISBN 9780433525004 (softcover) $140.00.
Ontario Human Rights Tribunal Keeps Gate Closed to Individual Respondent
In a succinct interim decision, 2024 HRTO 225 (CanLII), the Human Rights Tribunal of Ontario (Tribunal) explained when it might grant an application to expand the list of respondents to a human rights complaint. It’s not as simple as one might think. In this case, the complainant sought to add a former employer as a respondent in his individual, personal capacity, to her sex discrimination complaint. The targeted individual was a majority shareholder and director of the employer.
Russia’s Rule of Law(lessness) Threatens Advocates Worldwide: A Canadian Case Study
Posted in: Russia’s persecution of thousands of independent journalists, human rights defenders, anti-war dissenters, and opposition politicians in Russia is well known, especially the arbitrary detention and death of Alexei Navalny. Less well known are Russia’s threats and judicial harassment of people living in other countries – including Canada – for sharing views that dissent from official Russian narratives.
Pronunciation of Names at Hearings: Best Practices for Tribunals
“There are few things more important than one’s name. It reflects one’s identity, individuality and human dignity.” Adam Dodek, “Mispronouncing names isn’t okay, and it has nothing to do with being ‘woke’” There’s a movement underway in the legal community to focus attention on the proper pronunciation of names in legal settings. There is a growing recognition that the proper pronunciation of names shows respect and is more inclusive.
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