Constitutional
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September 12, 2023
Ontario’s top court sends Aboriginal title to submerged lands case back to trial judge
The Saugeen Ojibwa Nations (SON) – comprised of the Chippewas of Nawash Unceded First Nation and the Saugeen First Nation – will have another chance to argue their right to Aboriginal title to submerged lands in a large section of Lake Huron and Georgian Bay bordering their territory, the Ontario Court of Appeal ruled
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September 12, 2023
Supreme Court of Canada, U.S. Supreme Court conclude ‘judicial exchange’
The Supreme Court of Canada announced that Chief Justice Richard Wagner concluded a productive two-day meeting with a delegation from the United States Supreme Court last week.
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September 11, 2023
All lawyers must know technology used by courts: experts
Regardless of age, practice or jurisdiction, lawyers must stay up-to-speed on technologies now being used by courts post-pandemic, say experts following a strongly worded “cautionary tale” out of Alberta’s highest court.
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September 05, 2023
Canadian legal market AI survey shows high awareness of tech, ‘significant’ ethical concerns
Generative artificial intelligence (GAI) tools, such as ChatGPT, have been a hot topic for the legal profession over the past year, with courts, associations and law schools grappling with the implications of the technology. A new report, issued by LexisNexis Canada, noted that a vast majority of the Canadian legal market had “significant” concerns about the ethical implications of generative AI and over half of the profession, as well as students, believe it will “change law schools and the way law is taught and studied.”
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September 01, 2023
Manitoba lawyer takes over helm of CBA
The Canadian Bar Association (CBA) on Sept. 1 announced that John Stefaniuk of Winnipeg has begun his year-long tenure as the 95th president of the 127-year-old association of more than 38,000 lawyers, notaries, law professors and law students across Canada.
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August 31, 2023
Class action over discriminatory ad targeting to go forward after SCC rejects Facebook appeal
The Supreme Court of Canada has denied Facebook leave to appeal a decision certifying a class action concerning allegations that its ad targeting policies permitted advertisers to illegally exclude certain users from receiving their advertisements for employment and housing opportunities.
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August 30, 2023
Canada’s military to abolish members’ ‘duty to report’ misconduct
In its ongoing bid to create culture change in its ranks, Canada’s military is abolishing its long-standing rule that its members must report instances of misconduct, including sexual harassment and sexual discrimination.
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August 25, 2023
‘No longer a reasonable likelihood of conviction’ in outstanding COVID cases: Alberta prosecutors
Alberta’s Crown Prosecution Service (ACPS) is not moving forward with a number of outstanding prosecutions for violating COVID-19 public health rules following a court decision which invalidated several pandemic-related orders.
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August 24, 2023
Ottawa ‘saves’ millions by making tardy judicial appointments; average delay 11 months in 2023
The Trudeau government has taken an average of 11 months to fill dozens of empty spots on the bench so far this year, discloses a Law360 Canada examination of 435 judicial vacancies, which reveals as well that Ottawa “saves” the federal treasury tens of millions of dollars annually, on average, by not making timely judicial appointments.
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August 24, 2023
Litigating party can select legal process it wishes to pursue ‘as a general principle’: court
Ontario’s highest court has restored parts of a legal challenge which argues the province failed to properly consult the Algonquins of Ontario when it recognized and gave wildlife harvesting rights to several Métis communities.