Access to Justice
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December 24, 2024
N.B. Court of Appeal certifies class action related to Oxytocin use by Moncton birthing room nurse
The New Brunswick Court of Appeal has allowed an appeal and certified a class action relating to a nurse’s use of Oxytocin on patients while they were in labour, allegedly causing harm to several mothers.
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December 24, 2024
Military court explores use of youth justice laws for young service members
Canada’s court serving those appealing military discipline has made a “significant decision” in its finding that minors in the service should benefit from the Youth Criminal Justice Act — just as their civilian peers do, says a lawyer.
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December 24, 2024
Dogs in the Correctional Service of Canada
Anyone who has visited an airport or a prison has encountered a search dog trained to respond to illicit substances accurately. From a legal standpoint, false positives are the nemesis and demise of the professional detector dog team. If a dog team continues to demonstrate false positives, the credibility of the dog and the handler is greatly diminished. False positives that result in charges, restriction of privileges and infringement of rights, such as strip searches, will inevitably result in civil litigation.
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December 24, 2024
Do different rules apply to self-representative litigants?
Self-represented litigants are expected to comply with the rules of the court. Is there a double standard when practicing members of the legal profession breach the rules when facing a self-represented opponent? This became central in deciding a case where a lawyer was late in filing material in a case where the opposing party was self-represented.
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December 23, 2024
Ontario township appeals discrimination ruling over decision not to declare June Pride month
A small Northern Ontario township and its mayor are seeking judicial review of a finding that their decision not to proclaim June as Pride Month was discriminatory.
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December 23, 2024
Peace on Earth? | Derek Ross
The Christmas season is here, bringing with it a renewed emphasis on ideals like “peace on Earth.” But what does “peace” really mean — especially in a world full of distractions, demands and discord?
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December 20, 2024
Trudeau unveils new cabinet with strong legal background as NDP threatens confidence vote
With his faltering government facing a non-confidence motion as early as Jan. 27, Prime Minister Justin Trudeau has introduced eight new cabinet ministers whose tenure may last only weeks.
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December 20, 2024
Why some sentences are more equal than others
On June 17, Emil Marian Stan and his co-accused Nicoleta Rusu were sentenced after being arrested and tried for a sophisticated shoplifting scheme. Over eight months, Stan and Rusu stole $40,000 worth of high-end products from Shoppers Drug Mart and Lululemon. Rusu wore clothing to conceal the items she stole and Stan assisted by using devices to jam security systems the stores used at their exits.
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December 19, 2024
Federal Court of Appeal orders reconsideration of maternity leave discrimination complaint
The Federal Court of Appeal has ordered reconsideration of an unjust dismissal complaint by an employee who was laid off after returning from maternity leave, finding that the adjudicator had not addressed key issues raised by the employee.
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December 18, 2024
Bill to form new Miscarriage of Justice Review Commission enacted into law
A bill replacing the ministerial review process for miscarriages of justice with an independent review commission has been enacted into law, the Department of Justice Canada announced in a news release.
Access to justice: The language of the litigant counts | Ruphine Djuissi
Access to justice in French is a critical issue for Francophones across Canada, particularly with respect to the availability of legal services in French, the quality of interpretation and translation, and equal language rights. It also includes access to French-speaking lawyers and court documents written in French. It is important to ensure that Francophones have access to legal services in their mother tongue or first official language.
Ontario committed to expanding Unified Family Courts but Toronto still lacking
Ontario’s government is vowing to continue working towards the expansion of Unified Family Courts across the province. But a local lawyer says that until a UFC is placed in the Toronto area, millions are being left to navigate a confusing, “two-tiered” family court system.