CBA National Magazine

Supreme Court strikes down mandatory minimum sentences for child porn Legal experts say decision shouldn’t leave public with the impression that judges will be more lenient on offenders across the board

Legal experts say Supreme Court decision shouldn’t leave public with the impression that judges will be more lenient on child porn offenders across the board. @journodale.bsky.social reports. nationalmagazine.ca/en-ca/articl...

Upholding rule of law key to Canada’s economic transition Former Supreme Court Chief Justice Beverley McLachlin says it’s an asset we can't let slip the way it's slipping south of the border

Former Supreme Court Chief Justice Beverley McLachlin told the CBA's Construction and Infrastructure Law Conference that as Canada transitions its economy away from the United States, upholding the rule of law is going to be key. www.nationalmagazine.ca/en-ca/articl...

Young claimants take CPP to court over climate risks Case marks the first time a Canadian investor has been sued for underestimating and failing to disclose dangerous climate impacts

A first-of-its-kind lawsuit targeting Canada’s largest pension fund manager could help set a precedent for how investment funds handle climate change, legal experts say. @moiradonovan.bsky.social reports. www.nationalmagazine.ca/en-ca/articl...

Supreme Court of Canada clarifies Good Samaritan law In drug overdoses, it provides immunity from charges for simple possession and extends to subsequent searches and arrests

While the Good Samaritan Drug Overdose Act ensures immunity from charges for simple drug possession during an overdose, the Supreme Court of Canada says that protection must also extend to arrests. www.nationalmagazine.ca/en-ca/articl...

What is in the ‘national interest?’ While the Building Canada Act is intended to fast-track projects, it doesn't actually define the broad term driving decisions

“We’re disappointed that a carbon bomb of an LNG project is considered to be in the national interest,” says Anna Johnston, a staff lawyer with @wcelaw.bsky.social. www.nationalmagazine.ca/en-ca/articl...

Upholding rule of law key to Canada’s economic transition Former Supreme Court Chief Justice Beverley McLachlin says it’s an asset we can't let slip the way it's slipping south of the border

“It was a bit of a shock,” former Chief Justice Beverley McLachlin says of America's shift away from the rule of law. “We thought (it) was established, but it's no longer something we can take for granted.” @hollylake.bsky.social has that story. www.nationalmagazine.ca/en-ca/articl...

The sisterhood of ‘gender sellouts’ WiCCD helps women defence lawyers across Canada support one another in the face of gender bias in the criminal bar and beyond

Working in a male-dominated field, women criminal defence lawyers face criticism that their male colleagues don’t seem to. nationalmagazine.ca/en-ca/articl...

A sabbatical without sacrificing your career? Between court dates, overflowing inboxes and 80-hour workweeks, a sabbatical can feel like pure fantasy for many legal professionals. But it can benefit you and your firm.

Between court dates, overflowing inboxes and 80-hour workweeks, a sabbatical can feel like pure fantasy for many legal professionals. But it can be done -- and to the benefit of you and your firm. www.nationalmagazine.ca/en-ca/articl...

Supreme Court of Canada clarifies Good Samaritan law In drug overdoses, it provides immunity from charges for simple possession and extends to subsequent searches and arrests

While the Good Samaritan Drug Overdose Act ensures immunity from charges for simple drug possession during an overdose, the Supreme Court of Canada says that protection must also extend to arrests. www.nationalmagazine.ca/en-ca/articl...

Calling on the feds to close the federal courts’ funding gap Growing delays could undermine the judiciary’s independence and effectiveness, erode public confidence

The Canadian Bar Association is sounding the alarm that Canada’s creaking justice system is being starved of much-needed funds to fulfill its constitutional mandate. www.nationalmagazine.ca/en-ca/articl...

Proposed bail reforms will imprison innocent people Lawyers say presumption of innocence has been lost in the political debate; insist increasing reverse onuses or ladder provisions won’t have the intended deterrent effect and may violate Charter

Legal observers say the federal government’s proposed bail and sentencing reforms risk being self-defeating by diverting judicial attention and scarce resources away from serious matters. @journodale.bsky.social reports. www.nationalmagazine.ca/en-ca/articl...

Symbolic legislation or an invitation to over-police? Observers say if the new hate crimes created by C-9 aren’t enforced, it’s going to be a pyrrhic victory

“I think that is responsive to the spike in antisemitism and other hatred that we’re seeing across Canada, but the prime impediment to prosecuting hate-motivated criminals has not been the absence of adequate laws," says Mark Sandler. nationalmagazine.ca/en-ca/articl...

Aboriginal and Indigenous Law: Why you need to know the difference Understanding the distinction isn’t just academic—it’s an ethical responsibility

Indigenous law and Aboriginal law are terms that are often conflated and used interchangeably. However, as legal systems originating from different sources and reflecting diverse worldviews, they are not the same. nationalmagazine.ca/en-ca/articl...

A sabbatical without sacrificing your career? Between court dates, overflowing inboxes and 80-hour workweeks, a sabbatical can feel like pure fantasy for many legal professionals. But it can benefit you and your firm.

On the brink of burnout, Erin Easingwood, took a sabbatical from law. The time she spent sailing and beachcombing with her kids proved to be good medicine. It also renewed her enthusiasm for her work. nationalmagazine.ca/en-ca/articl...

A constitution without consultation Observers say Quebec’s proposed constitution requires more than an act of the legislature to have legitimacy

There’s been immediate pushback against Quebec’s proposed constitution. Observers and political leaders say the government drafted it without any widespread consultation. nationalmagazine.ca/en-ca/articl...

Calling on the feds to close the federal courts’ funding gap Growing delays could undermine the judiciary’s independence and effectiveness, erode public confidence

The Canadian Bar Association is sounding the alarm that Canada’s creaking justice system is being starved of much-needed funds to fulfill its constitutional mandate. www.nationalmagazine.ca/en-ca/articl...

Symbolic legislation or an invitation to over-police? Observers say if the new hate crimes created by C-9 aren’t enforced, it’s going to be a pyrrhic victory

In response to the rise in anti-semitism and other hate-motivated crimes in Canada, the Liberal government tabled its promised hate crime legislation early in the fall sitting. @journodale.bsky.social has that story. nationalmagazine.ca/en-ca/articl...

Animal lawyers call on Ontario to protect Marineland’s belugas The PAWS Act gives the provincial government power to intervene and ensure the 30 captive whales aren’t euthanized

“Marineland’s belugas are complex, living sentient beings with intrinsic worth, but legally, they are considered property, and that's a flawed framework,” says Victoria Shroff, K.C. @hollylake.bsky.social has that story. www.nationalmagazine.ca/en-ca/articl...

A constitution without consultation Observers say Quebec’s proposed constitution requires more than an act of the legislature to have legitimacy

While constitutions are supposed to protect minority rights against majority rule, McGill's Johanne Poirier says Quebec’s proposal pushes the balance toward the elected majority of the National Assembly. @journodale.bsky.social has that story. www.nationalmagazine.ca/en-ca/articl...

How AI has made me more productive From faster research to sharper drafts, here’s how AI is changing the way legal writing gets done

In recent months, @robertdiab.bsky.social has relied on AI at every stage of his writing. "The effect has been transformative, less like adopting a new app and more like moving from typewriter to word processor, or from paper-based research to the internet." nationalmagazine.ca/en-ca/articl...

Demystifying the path to law in Canada The legal community prides itself on fairness and transparency; yet, getting into the profession can be confusing and intimidating. That contradiction should unsettle us.

We talk a lot about access to justice in Canadian law, yet the first barrier appears before a single case is even argued: becoming a lawyer, writes Darby Heino. www.nationalmagazine.ca/en-ca/articl...

You can’t manage what you can’t measure Retired Ontario justice proposes tying court operational data reporting to the salaries of judges running the courts to improve access to justice

Former Ontario Court of Appeal Justice David Brown proposes tying court data reporting to the salaries of judges running the courts to improve access to justice. www.nationalmagazine.ca/en-ca/articl...

What’s on the Supreme Court of Canada’s docket this fall? Following a ceremonial opening and debut of new robes, a busy sitting with 20 appeal hearings is underway

On this week's episode of Voices and Verdicts, Nadia Effendi talks about what we're watching and what we can expect from some of the cases in the court's fall lineup. @journodale.bsky.social has the details. nationalmagazine.ca/en-ca/articl...

Supreme Court of Canada holds first ceremonial opening in 39 years CBA President Bianca Kratt says the court is a testament to the stability a country can enjoy when its legal institutions remain respected, independent, and grounded in the rule of law

The Supreme Court has debuted new ceremonial robes for the justices. @journodale.bsky.social has that story. www.nationalmagazine.ca/en-ca/articl...

Getting sober without stigma International Lawyers in Alcoholics Anonymous is a bridge for lawyers and judges to seek help among peers, without worrying about running into someone they’ve prosecuted, defended or jailed

Any lawyer who thinks they might have a problem with booze probably does. However, getting help can be daunting in a culture where unsustainable schedules are rewarded and acute stress is the norm. www.nationalmagazine.ca/en-ca/articl...

Women who woke up the law Season two of Verdicts and Voices kicks off with a look at the Canadian history-makers profiled in a new book by lawyer Karin Wells

“One day, she just had enough.” Karin Wells on the women behind landmark cases in Canadian law. www.nationalmagazine.ca/en-ca/articl...

The legal challenges raised by AI-powered algorithmic pricing The days when sellers affixed prices to peddle their wares are waning. Watchdogs are concerned and regulators are caught in a bind.

Artificial intelligence is reshaping the marketplace in ways most consumers are oblivious to and raising new challenges for competition enforcement, consumer protection, and privacy. nationalmagazine.ca/en-ca/articl...

Getting sober without stigma International Lawyers in Alcoholics Anonymous is a bridge for lawyers and judges to seek help among peers, without worrying about running into someone they’ve prosecuted, defended or jailed

Any lawyer who thinks they might have a problem with booze probably does. However, getting help can be daunting in a culture where unsustainable schedules are rewarded and acute stress is the norm. @suebailey99.bsky.social has that story. nationalmagazine.ca/en-ca/articl...

You can’t manage what you can’t measure Retired Ontario justice proposes tying court operational data reporting to the salaries of judges running the courts to improve access to justice

Former Ontario Court of Appeal Justice David Brown on why access to data means access to justice.
www.nationalmagazine.ca/en-ca/articl...

Implementing UNDRIP

On the National Day for Truth and Reconciliation, @journodale.bsky.social takes stock of the federal government’s implementation of UNDRIP — and looks at why there’s still a way to go to respectful, meaningful consultation and shared decision-making. nationalmagazine.ca/en-ca/articl...