The justice system is being criticized a lot these days. We must admit that some of that criticism is justified. If we observe a system that is flagging and must be renewed, we must also recognize that every day, men and women are acting in concrete ways to improve the system and its accessibility.
Imagine for a moment that you have decided after some serious thought that you need to wear a particular item of clothing that is very visible, let’s say a type of shawl. You sincerely believe that wearing this shawl represents something of value to you. Your conscience requires you to wear it. Most people may […]
On Wednesday, June 14, 2017, in the wake of the Jordan Supreme Court decision, the Senate Committee on Legal and Constitutional Affairs issued its much-anticipated final report on court delays. The Senate Committee made 50 recommendations, after hearing 138 witnesses (including lawyers, legal and mental health experts, former and current judges, victims and police), on […]
Robert Danay’s fascinating study observes that there is an apparent increase in deference to administrative decision makers post Dunsmuir. But there remain differing views on standard of review and – to paraphrase his paper – a never ending conflict over who gets the last word: the judiciary, the legislatures, the executive branch, or the administrative tribunal.
The 2017 Conference of the Commonwealth Association of Legislative Counsel (CALC) took place in Melbourne and Sydney, Australia from March 29 to April 4, 2017 bringing together nearly 200 members of the Association from all over the British Commonwealth and beyond. It was the 14th such conference since the inaugural one in Hong Kong in 1983.
Commentators have suggested that the rise of populism is a function of the failure of liberal democracy to be relevant to the lives of all but elites. Most people feel alienated from, and abandoned by, democratic institutions. We are told to trust the experts, but that has not turned out so well.
Although judicial review in Canada has undergone a significant shift in the past decade, the rules governing evidence admissible on judicial review have not been changed in any meaningful way since the 19th century. Those rules, generally speaking, still limit the admissibility of so-called “extrinsic” evidence to situations involving alleged ‘‘jurisdictional errors” or a breach of the duty of fairness.
This report, and its recommendations, builds on the work already done and creates significant momentum towards achieving a number of specific objectives that the Roundtable attendees collectively consider critical to more effective management of complex criminal cases, across the system.
The addiction problem can impair the skills necessary to practice law well: ethics, diligence, confidentiality. The individual’s problem can also become the problem of the employer and society as a whole.
In the summer of 2015, the Truth and Reconciliation Commission of Canada (TRC) published its Final Report, including no less that 94 Calls to Action. Among those, the TRC has issued recommendations to ensure that law students and lawyers receive appropriate cultural competency training, including skills-based training in intercultural competency, conflict resolution, human rights, and anti-racism.