Access to Justice

  • June 04, 2024

    Dollars and cents: Budgeting to access justice

    Amidst an ongoing crisis of “access to justice” — which was decried by entertainer Robin Williams, among others, 40 years ago — one potent, but often overlooked, means of increasing accessibility is a meaningful costs award.

  • June 04, 2024

    N.S. files first plan to revamp housing for those with disabilities

    Nova Scotia’s government has submitted its first annual progress report as part of a five-year plan to “remedy” discrimination in the housing of those with disabilities.

  • June 04, 2024

    Cellphones in Ontario schools: Social media dangers | Marvin Zuker

    Policy Program Memorandum 128 (PPM 128) references PPM145 and Progressive discipline, i.e. go to the principal’s office, who may scold you or suspend you, and I say so what?

  • June 04, 2024

    Appeal decision illustrates perils of unexpected witness responses

    Young trial lawyers are always advised not to ask a witness a question unless counsel already knows the answer. A breach of that advice may lie at the heart of the contentious issues before the Ontario Court of Appeal in R. v. T.C., 2024 ONCA 304.

  • June 03, 2024

    SCC’s Wagner urges vigilance, strong defence against false information, justice system attacks

    Canada’s top judge says elected officials should not attack the justice system or the judiciary, based on false information that could shake public confidence.

  • June 03, 2024

    Cellphones in Ontario schools: Revenge porn and curriculum | Marvin Zuker

    This must be a mandatory part of a high school curriculum, if not earlier, that teaches about mental health, a student’s right to privacy, the 2014 criminalization of the non-consensual distribution of intimate images as set out in s. 162.1 of the Criminal Code as well as a discussion of the common law tort of public disclosure of private facts, perhaps more significant in Ontario, which does not yet provide for a statutory breach of this privacy tort (See: Jones v. Tsige, 2012 ONCA 32, Jane Doe 464533 v. N.D., [2016] O.J. No. 382, and Jane Doe 72511 v. N.M., [2018] O.J. No. 5741).

  • May 31, 2024

    Cellphones in Ontario schools, the voice of the child, part three | Marvin Zuker

    There is a significant perception gap between educators and students when it comes to the impact of social media on mental health. Too often, platforms like TikTok, Instagram and Snapchat are blamed for exacerbating students’ mental health problems.

  • May 30, 2024

    Ontario announces it will appoint 25 new judges, 190 Crown prosecutors and court staff

    The Ontario government has announced it will appoint 25 new judges and hire about 190 more Crown prosecutors, victim support workers and court staff to help address ongoing court delays and case backlogs that some lawyers say have reached crisis proportions.

  • May 30, 2024

    Cellphones in Ontario schools, the voice of the child, part two | Marvin Zuker

    On March 25, 2024, Florida became the first state to effectively bar residents under the age of 14 from holding accounts on services like TikTok and Instagram. The bill, effective January 2025, signed by Gov. Ron De Santis, prohibits certain social networks from giving accounts to children under 14 and requires the services to terminate accounts that a platform knew or believed belonged to underage users. It also requires the platform to obtain a parent’s permission before giving accounts to 14- and 15-year-olds.

  • May 29, 2024

    Cellphones in Ontario schools, the voice of the child: Both on silent | Marvin Zuker

    According to Ontario Premier Doug Ford on April 30, 2024, “[I]t’s staggering numbers, the numbers I’ve seen with parents supporting the ban because they want their kids to go to school and learn — not to be on social media and fiddling around with their cellphones during class,” he said. “Outside of class, all the power to them. You can do whatever you want. But while you’re in learning, you’ve got to learn. The teachers want the kids to pay attention. It’s as simple as that. It’s not that complicated. Don’t use the phones.” (Toronto Star, April 30, 2024.)

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