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Articles by Jessica Clogg
Opinion: B.C. civil society leaders to Premier Eby: Uphold human rights — don’t amend DRIPA Original
Breadcrumb Trail Links Home Opinion Op-Ed Amending the Declaration Act or the Interpretation Act in an effort to limit their effect would set back our collective reconciliation efforts by decades, write Stephen von Sychowski, Carole Gordon, Laura Patrick, Jessica Clogg and Liza Hughes.
Reflections on the Canadian Law of Obligations Conference: The Power and Limits of Private Law
Caitlin Cunningham is a JD candidate at the University of British Columbia Peter A. Allard School of Law and served as a student assistant to Assistant Professors Marcus Moore and Samuel Beswick for the Canadian Law of Obligations conference 2022. On June 23 and 24, 2022, the Peter A. Allard School of Law hosted the third Canadian Law of Obligations (CLO) conference, held on the grounds of UBC’s Green College. The theme of the conference was The Power and Limits of Private Law.
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 June 16 – July 13, 2022 inclusive. Appeals Administrative Law: Delay; Standard of Review Law Society of Saskatchewan 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.
Concurrent Jurisdiction Upheld in Human Rights Case
Posted in: Written by Daniel Standing, LL.B., Editor, First Reference Inc. “I can’t hear you!” When a litigant hears this from a court, tribunal or other decision maker, it either means that someone needs to speak up, or there is a problem with jurisdiction. Difficulties of the first variety are easy to fix, while those in the second category can be insurmountable.
Taking Your Oral Advocacy Skills to the Next Level
To be an effective advocate, you must not only be highly skilled in specific and substantive areas of the law, but you must also ensure that you are able to advocate your case competently and confidently. You must also be adept at making sound, strategic decisions and are able to think on your feet when called upon. These skills are not perfected overnight.
Strategy for the Times: Grounded Hope
Bad news and tragedy surround us. The challenges appear to be enormous. Daunting. How do we hold ourselves up and make a difference in these times? I believe that hope, grounded hope, is a necessary starting point. Grounded hope emerges when we look at reality straight on, stand firm, and determine to believe that a better future is a possibility worth striving for.
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. Portincasa v Taylor, 2022 ABQB 451 (CanLII) [10] The Counterclaim is explicitly based on rights purporting to originate from the “1st Notice”, and that claims to enforce the effect of the “1st Notice”.
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 Comma Fails From People Who Should Know Better Neil Guthrie Exhibit A, posted on LinkedIn by a copywriter and editor: My husband, John Blank and I are relocating to Canada in April.
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. The Factum 2. Family LLB 3. The Trauma-Informed Lawyer 4. ABlawg.ca 5.
Are BC Lawyers Climate Laggards? Climate Resolution Fails at Law Society of BC Meeting
Posted in: Law societies and other professional regulatory bodies around the world have begun to recognize their professions’ roles in addressing and adapting to climate change. Unfortunately, the Law Society of British Columbia (the Law Society) missed an opportunity to do so last month. My West Coast Environmental Law colleagues Erin Gray, Staff Lawyer and Kaymi Yoon-Maxwell, Summer Law Student, report below on what happened and the worrying implications.
Canada Study Permit Litigation – Critical Analysis of Inconsistent Jurisprudence on Financial Requirement - Slaw
Posted in: Early this year, Justice Little of the Federal Court released the much-awaited decision in Ocran v. Canada (Citizenship and Immigration), 2022 FC 175 (CanLII). I am not aware of any study permit judicial review litigation that attracted the attention of Canadian immigration lawyers as much as Ocran.
You Can't Make Me Get Vaccinated...Can you?
While there have always been “vaccine deniers”, or parents refusing to get their children mandatory vaccinations, I don’t think we’ve seen the degree of vehement objection as we have the protests against the Covid-19 vaccines. Yet vaccines have been proved to be the most effective way to bring the coronavirus under control. While there have been “breakthrough” cases of vaccinated people, most recent hospitalizations and deaths have been of unvaccinated people.
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 June 18 – July 16, 2021 inclusive. Appeals Aboriginal Law: Flooding; Equitable Compensation Southwind v.
A New BC Law for Biodiversity and Ecosystem Health
From proteststo scientific analysis, old growth forests have been much in the news in British Columbia in recent months. What does a legal lens bring to this debate? Past analyses undertaken by West Coast Environmental Law have laid bare the multifaceted ways in which BC’s laws are “hardwired for failure” when it comes to safeguarding the resilience of ecological systems and human communities in the face of cumulative impacts from resource development and climate change.
What comes next?
The Canadian Bar Association’s Task Force on Justice Issues Arising from COVID-19 studied the issues, wrote a report, and presented it at the February 17, 2021, annual general meeting. The risk with reports, however, is that they can become static documents, a snapshot of an issue.
Justice system needs a champion to move modernization project
Don’t turn back, but don’t stand still. Work with justice system partners to share best practices, figure out how to make the system work better for the people who need it to work for them, and how to mitigate the unintended side-effects of change. That sums up – very briefly – the recommendations in the final report from the Canadian Bar Association’s Task Force on Justice Issues Arising from COVID-19, presented to the Association’s annual general meeting on Feb.
Blockchain? Probably Not.
Most of what you are being told about the future of blockchain in the legal profession is nonsense. Don’t get me wrong. Blockchain is very cool. And I am the furthest thing from a luddite you will find in the legal profession. I’m a part-time LLM student at the University of Alberta Faculty of Law and Department of Computing Science studying the automation of legal reasoning. I’m an ABA Innovation Fellow for 2018/2019, writing open-source software to automate analogy to prior cases.
Valuing legal Information - Slaw
The problem with trying to value legal information is that we mostly just talk about its price instead of its value. The value of anything is subjective, and correct legal information at the perfect time is worth a great deal, general legal information that isn’t needed at a particular moment is worth much less.
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