Because McMurtry . . . [more]

The post Remembering Attorney General Roy McMurtry appeared first on Slaw.

Current postings on Slaw Jobs:

• Director of Policing, Oversight and Accountability | Head Office in Westbank or any Indigenous Justice Centre, Canada
  (BC First Nations Justice Council)
• Family LawyerA (Full-time) | Chilliwack, BC
  (Waterstone Law Group LLP)
• AccountantA (Full-time) | Chilliwack, BC
  (Waterstone Law Group

. . . [more]

The post Friday Jobs Roundup appeared first on Slaw.

INTRODUCTION

Webber Academy (or athe schoola), a private educational institution in Alberta, defined itself as non-denominational: it did not engage in any overt religious practice (with one possible and qualified exception). Yet, after two Alberta Human Rights Commission (AHRC) decisions, two Queenas Bench (as it then was) (QB) judgements, two Court of Appeal (CA) rulings and two denial of leaves to appeal by the Supreme Court of Canada (SCC), it was held to have discriminated without justification against two Muslim students whom it prohibited from engaging, on school property, in overt prayers. How did this happen? And what does it . . . [more]

The post The Lack of Protection for Non-Denominational Identity: The Webber Academy Case appeared first on Slaw.

Written by Daniel Standing, LL.B., Content Editor, First Reference Inc.

The Supreme Court of British Columbia rendered a decision (2024 BCSC 55 (CanLII)) on judicial review which looked at the employer’s choice to implement a COVID-19 vaccination policy, and whether, under the Labour Relations Code, it was obligated to enter into discussions with the union first. The case provides employers with insight into the difficulty of overturning a tribunal’s decision.

Background

The workplace was a provincially run rapid transit company. The Court considered a union’s petition for judicial review of a decision by the British Columbia Labour . . . [more]

The post Missing Discussions at Center of Union COVID Dispute appeared first on Slaw.

While weare all aware that there are substantive differences between Canadian law and the law of other jurisdictions, itas much easier to forget that the practice of law varies just as much from nation to nation. Thereas more than one way to do almost anything, and the Canadian legal system is founded on a very specific set of choices, norms, and traditions.

Upon arriving in Canada from her native Australia, and despite her . . . [more]

The post Thursday Thinkpiece: Internationally-Trained Lawyers Need More Than Just NCA Exams appeared first on Slaw.

The Facts

The Calgary City Police were investigating fraud in online liquor sales and came across a payment processor who processed the suspect transactions. . . . [more]

The post R. v. Bykovets: SCC Recognized Privacy Rights for IP Addresses appeared first on Slaw.

The post Sharenthood: Turning Childhood Into Lucrative Content appeared first on Slaw.

PANAL (DROIT) : Dans le cadre de l’affaire du meurtre de Guylaine Potvin, le tribunal dA(c)clare recevable le tA(c)moignage d’une biologiste judiciaire A titre de tA(c)moin expert concernant l’utilisation du nouvel outil d’enquAate dA(c)signA(c) comme le A<> et ses rA(c)sultats.

IntitulA(c) :A R. c. Grenon, 2024 QCCS 551
Juridiction . . . [more]

The post Summaries Sunday: SOQUIJ appeared first on Slaw.

Written by Christina Catenacci, BA, LLB, LLM, PhD, Content Editor, First Reference Inc.

In January 2024, a British Columbia labour arbitrator had no hesitation concluding that an employee, who was the grievor accusing a female colleague of sexual harassment in this case, was actually the one who was sexually harassing the female colleague. Simply put, the arbitrator found that the grievor’s evidence was not credible, the female colleague’s account was credible and consistent with the evidence, and the female colleague did not do what the employee accused her of. As a result, the labour arbitrator agreed with the employer that . . . [more]

The post Blaming Victim of Sexual Harassment Not a Good Defence appeared first on Slaw.

The post Democratizing Justice, Whose Problem Is It? appeared first on Slaw.

The post What if Access to Justice Was Never Going to Lead to Poverty Alleviation? appeared first on Slaw.

Afsana Gibson-Chowdhury is the founder of Gibson Chowdhury, Clear Collaborative Mediation and a renowned advocate for equity, diversity and inclusion among legal, dispute resolution and . . . [more]

The post The Court of Owlsa| and Other Things That Mean Different Things to Different People appeared first on Slaw.

Last week, I was asked to provide a peer-review of an article submission to a law journal.

After reviewing it thoroughly, I began to suspect that at least some of the content may have been AI-generated.

What Gives?

First off, there were at least two citations that led to dead ends. By now we all know this is a dead give away.

Second, there was little to no language linking paragraphs together. So there might have been two or three paragraphs written on a distinctive topic, but no language to alert the reader that a new topic was about to . . . [more]

The post Anticipating AI-Generated Law Journal Submissions appeared first on Slaw.

This week the randomly selected blogs are 1.A PierreRoy & AssociA(c)s 2. IFLS at Osgoode 3. Employment & Human Rights Law in Canada 4. Barry Sookmant 5. Meurrens on Immigration

PierreRoy & AssociA(c)s
ResponsabilitA(c)s daadministrateurs daentreprise : ce que vous devez savoir

Si vous Aates laadministrateur daune entreprise aux prises avec des difficultA(c)s financiA"res, vous . . . [more]

The post Mondayas Mix appeared first on Slaw.

PANAL (DROIT) : Dans une affaire de violence conjugale et postconjugale, la juge de premiA"re instance a commis 2A erreurs de principe en omettant d’A(c)valuer correctement le risque que l’imposition d’une peine avec sursis A l’accusA(c) poserait pour la collectivitA(c); une peine d’emprisonnement de 6A mois est substituA(c)e aux 10A . . . [more]

The post Summaries Sunday: SOQUIJ appeared first on Slaw.

On April 4, 2024, the Alberta Court of Appeal released its decision in Altius Royalty Corporation v Alberta, 2024 ABCA 105 (CanLII).

The appellants own a royalty interest in a coal mine. In 2014 they acquired royalty interests in the Genesee coal mine. This coal fuels the Genesee power plant in Alberta.
By 2012 federal performance standards, the end of life of the three coal-fired plants was determined to be 2039, 2044 and 2055 (para 3).

They claim their interest was constructively expropriated (paras 2 and 5) when the government of Canada amended the regulations to require the . . . [more]

The post Environmental Regulation Is Not “Constructive Expropriation” appeared first on Slaw.

Current postings on Slaw Jobs:

• Director of Policing, Oversight and Accountability | Head Office in Westbank or any Indigenous Justice Centre, Canada
  (BC First Nations Justice Council)
• Family LawyerA (Full-time) | Chilliwack, BC
  (Waterstone Law Group LLP)
• AccountantA (Full-time) | Chilliwack, BC
  (Waterstone Law Group

. . . [more]

The post Friday Jobs Roundup appeared first on Slaw.

It started as soon as I began my law career as an articling student. A lawyer gave me a task on Friday due Monday, meaning I would lose my weekend. I felt a little bit of pride a who, little old me, tasked with something so important? But I soon learned what is urgent is rarely important, and important rarely urgent. Having “uncovered every rock” and discovered nothing further, I watched my research memo fall into the abyss of make-work legal projects, more for show and profit, productivity measured more in money than in legal progress. I think I gained . . . [more]

The post When Practicing Law Is Slow Death appeared first on Slaw.

Written by Daniel Standing, LL.B., Content Editor, First Reference Inc.

The interim decision of Caroline Sand, Member of the Human Rights Tribunal of Ontario in 2024 HRTO 233 (CanLII) shows what can happen when a party is invited to participate but decides not to. As it turns out, the technique of putting one’s head in the sand works for ostriches but not for employers who seek to avoid liability for human rights complaints.

Background

The matter arose out of a sex-based human rights complaint by an employee against her former employer, a social club. The employer had numerous opportunities to . . . [more]

The post The Perils of Remaining Silent appeared first on Slaw.

Suing for Silence : Sexual Violence and Defamation Law

Author: Mandi Gray
Publication Date: March 1, 2024
ISBN: 9780774869171
Page count: 180 pages; 6 x 9

Excerpt: Introduction

In summer 2017, I received a Facebook message from Lynn, a Canadian tattoo artist in her late twenties. Women from all . . . [more]

The post Thursday Thinkpiece: Suing for Silence : Sexual Violence and Defamation Law appeared first on Slaw.

For this past month, the three most-consulted English-language decisions were:

[81] Assessments of credibility and reliability can be the most important judicial determinations in a criminal trial. They are certainly among the most difficult. This is especially so in sexual assault cases, which often involve acts that . . . [more]

The post Wednesday: Whatas Hot on CanLII? a March 2024 appeared first on Slaw.

What was the . . . [more]

The post Newly-Launched Jurisprudence Database of the Inter-American Court of Human Rights appeared first on Slaw.

In July 2023, IRCC Minister Marc Miller was put in charge of our immigration system and he has been focused on fixing problems while addressing the growing anti-immigration sentiment within Canada. On one side, he inherited many years of Liberal promises to welcome and support international students and to meet lofty goals. To that end, he remains committed to the goal of 485k new permanent residents in 2024, 500k in 2025 and 500k in 2026. On the other side, Minister Miller has overseen a series of decisions to cut programs, increase restrictions and add roadblocks to previous pathways. Applicants most . . . [more]

The post Study Permits & Uncertainty appeared first on Slaw.

The post Can Self-Represented Litigants Access Justice? NSRLPas New Intake Report appeared first on Slaw.

On March 27, 2024, Windsor Law Professor Pascale Chapdelaine released her latest article on the very interesting topic of algorithmic personalized pricing.

Pascale Chapdelaine, “Algorithmic Personalized Pricing: A Personal Data Protection and Consumer Law Perspective” (2024) 102 Can Bar Rev (forthcoming, online via SSRN).

Here’s more information about the article:

“Price is often the single most important term in consumer transactions. As the personalization of e-commerce continues to intensify, the law and policy implications of algorithmic personalized pricing i.e., to set prices based on consumersa personal data with the objective of getting as closely as possible to their maximum willingness . . . [more]

The post New Article on Algorithmic Personalized Pricing by Windsor Law Professor Pascale Chapdelaine appeared first on Slaw.

This week the randomly selected blogs are 1.A Official Clio Blog 2.A Canadian Cybersecurity Law 3. David Whelan 4. Know How 5. BC Injury Law Blog

Official Clio Blog
TikTok Ban: A 2024 Update (and What You Should Know)

If youare one of the one billion monthly active TikTok users worldwideaor a devout aLawToka followerayouave . . . [more]

The post Mondayas Mix appeared first on Slaw.

Appeals

Aboriginal Law/Constitutional Law: Division of Powers
Reference re An Act respecting First Nations, Inuit and MA(c)tis children, youth and families, 2022 QCCA 185; 2024 SCC 5 (40061)

In an order in council made on December 18, 2019, . . . [more]

The post Summaries Sunday: Supreme Advocacy appeared first on Slaw.

FISCALITA : La portion des incitatifs qu’un contribuable a reASSus d’un courtier afin de souscrire une police d’assurance-vie universelle et qui se rapportent purement A la couverture d’assurance-vie ne sont pas visA(c)s par l’article 87A w)A de laA Loi sur les impA'ts; toutefois, la partie des incitatifs reASSus au . . . [more]

The post Summaries Sunday: SOQUIJ appeared first on Slaw.