Access to Justice
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August 30, 2024
Lawyer independence as reflected in Legal Professions Act 2024 | Michael D. Lucas
The Legal Professions Act SBC 2024 c. 26 is now law. Most of that Act has yet to be proclaimed, but the cogs are starting to turn for transitioning the regulation of legal professionals, including lawyers, from the law society, which has regulated lawyers independent of government since 1869, over to a new entity called “Legal Professions British Columbia.”
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August 29, 2024
Ontario court upholds regulator’s policy of publishing allegations before tribunal hearings
The Financial Services Regulatory Authority (FSRA) of Ontario’s policy of publishing documents related to enforcement proceedings prior to a hearing before a tribunal is reasonable, the Ontario Superior Court has held.
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August 29, 2024
Right to data portability soon coming into effect in Quebec
Organizations doing business in Quebec face new compliance obligations as the right to data portability comes into force at the tail end of September, spelling the end of a one-year leniency period following the entry into force of Quebec’s sweeping overhaul of its privacy regime.
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August 29, 2024
New Brunswick appeal addresses colour of right
Tanya Mary Parsons wanted to return to work. She was receiving CPP disability benefits but was delighted to learn she could continue to receive them and accept employment with Moving Forward for Better Inc. as a data entry clerk. Under the program, she could work initially for 10 hours each week (later increased to 15 hours a week) without losing her CPP benefits.
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August 28, 2024
Federal Court: PPSC may intervene in dispute over disclosure of RCMP terror investigation documents
The director of the Public Prosecution Service of Canada has been granted leave to intervene in a proceeding concerning whether the National Security and Intelligence Review Agency (NSIRA) can compel the RCMP to produce documents subject to solicitor-client privilege in respect of a complaint investigation.
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August 28, 2024
Ontario Court of Appeal rejects child relocation ruling, pointing to numerous errors by trial judge
The Ontario Court of Appeal has ordered a new trial in a case of a mother wanting to relocate her child to Ireland, ruling that the trial judge misapprehended evidence and had a reasonable apprehension of bias.
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August 28, 2024
Manitoba increasing support for victims’ services
Manitoba is using the seized proceeds of crime to boost support for victims. It was announced on Aug. 27 that the provincial government is increasing this year’s funding to Manitoba Justice Victims Services by 50 per cent.
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August 28, 2024
Identity of killer key factor in decision to order new murder trial
The Crown alleged that Zenen Cepeda Silva, 69, was sitting on the front porch of his Vancouver duplex late on the evening of Jan. 26, 2019, when he and his wife, Maria Baldivia, were approached by Alvaro Julio Roche-Garcia, 58, who fired one shot at Cepeda Silva, hitting him in the pelvis area and severing an artery.
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August 28, 2024
Cabinet blocks cryptocurrency mining projects from access to electricity | Sara Blake
Some regulatory statutes authorize Cabinet or a minister to issue binding directives to the regulator. What is the scope of this authority?
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August 23, 2024
Federal Court rejects immigration officer’s flawed, ‘generic’ analysis of kids’ best interests
Addressing a recurrent error in decisions by immigration officers, the Federal Court has ruled that an immigration officer’s “effectively generic” analysis of the best interests of three children who risk being sent to Nigeria with their Nigerian parents “fatally flaws” the officer’s decision to reject the family’s application for permanent residence in Canada on humanitarian and compassionate (H&C) grounds.