Access to Justice
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July 30, 2024
Yukon, First Nations group sign agreement of ‘shared priorities’
Yukon has signed a 10-year “government-to-government” accord with a First Nation community to cement “shared priorities” of wellness, development, education and training.
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July 29, 2024
5 Ontario judicial appointments announced
Minister of Justice and Attorney General of Canada Arif Virani announced in a July 24 news release the appointment of five judicial appointees in Ontario: Renee M. Pomerance, E. Ria Tzimas, Michelle Flaherty, Brian DeLorenzi and Jacqueline A. Horvat.
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July 29, 2024
Vehicle search examined in B.C appeal court drugs decision
Defence counsel are sometimes accused of following the adage, “If you can’t argue the facts, argue the law.” But it doesn’t always work.
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July 29, 2024
Ontario (Attorney General) v. Restoule: What it means to Indigenous beneficiaries | Rob Louie
Within minutes of Canada’s top court rendering a unanimous decision regarding a potentially multi-billion-dollar case involving the Red Rock First Nation Band of Indians, the Whitesand First Nation Band of Indians and members of the Ojibewa (Anishinaabe) Nation, who are beneficiaries of the Robinson‐Huron Treaty of 1850, major media outlets were vying to have their story rolled out first.
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July 26, 2024
SCC’s 9-0 judgment on interpreting historic treaties a big win for First Nations, their counsel say
Live up to the honour of the Crown and its “sacred” treaty promises — or the courts will step in. That might sum up the message from the Supreme Court of Canada to the defendant governments of Ontario and Canada in a multi-billion-dollar lawsuit by Anishinaabe First Nations, who ceded by treaty 174 years ago a huge swath of their traditional Northern Ontario territories only to have successive federal and provincial governments “dishonourably” flout that treaty by barely compensating the cash-strapped Indigenous communities while the Crown and big business reaped billions over the decades from the mineral, timber and other resources of the ceded lands.
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July 26, 2024
Appeal court decision addresses problems with repeat offender
When a cloistered group of nuns had a member of the group unable to fit into their society, the musical The Sound of Music had them break into song, singing “How Do You Solve a Problem Like Maria?” The City of Calgary also had a problematic resident who did not fit into its society but was much more dangerous than Maria von Trapp.
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July 25, 2024
Court of Appeal decision underscores significance of obeying police instruction
On March 23, 2017, the Canadian Press reported that Angel McCool, then a 30-year-old Stratford woman, was charged with obstruction of police after her GMC utility vehicle was stopped on Highway 401 in Thames Centre, Ont.
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July 25, 2024
Legal status of Tibetans migrants in Canadian refugee law
Tibetans living in exile in India, Nepal and Bhutan often call themselves stateless refugees since they lost their country following China’s invasion of Tibet in the 1950s, and they still cannot return to their Tibetan homeland due to the lack of freedom and human rights and the ongoing persecution and cultural genocide by the Chinese Communist Party (CCP) in the Tibetan plateau of the Himalayas. Their lack of freedom and risk of harm, including persecution in the form of detention, torture and even death or disappearance, is reported yearly by Freedom House, Amnesty International, the U.S. International Committee on Religious Freedom and other non-Tibetan organizations. Many of these Tibetans have come to Canada seeking refugee protection.
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July 24, 2024
Duty of tech competence, AI adoption by lawyers | Connie L. Braun and Juliana Saxberg
Artificial Intelligence (AI) has dominated legal tech conversations for several years, and for good reason. Widespread consumer adoption of ChatGPT and other generative AI products has delivered a host of unprecedented legal and tech risks to Canadian entities. Governments and regulators in Canada and abroad continue to scramble to regulate the responsible use of AI tools, even though their use is already thoroughly embedded in Canadian and global business, government and legal system operations. As a result, the typical Canadian entity’s AI compliance dossier is an unfinished patchwork of aspirational codes and aging regulatory instruments that were designed when Y2K was considered a big enterprise tech risk.
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July 19, 2024
Saskatchewan giving money for female offender reintegration
Saskatchewan is spending money in a bid to improve the chances of female offenders reintegrating into society after leaving custody.