2019-06-11 13:38
Legislative and regulatory advances tend to develop in silos. Because of this, Aileen Schultz says that technologies are emerging in ways that are not always legally and globally sustainable… Read More
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National magazine is the official periodical of the Canadian Bar Association and covers the latest trends and developments affecting the legal profession and the practice of law, as well as the latest news regarding the association and its activities. If you have suggestions, ideas or requests concerning this Web site or the magazine, please send us an e-mail at [email protected]
2019-06-11 13:21
If decentralized systems are used to limit liability in cyberspace, we will need new guideposts for liability and law enforcement Read More
2019-06-06 17:27
Fannie Lafontaine talks about what it means for Canada that our government recognizes that it was complicit in genocide Read More
2019-06-05 16:55
The Supreme Court of Canada’s recent ruling is a reminder of the need to go beyond normative ideals of “reconciliation” and challenge foundational beliefs about the justice… Read More
2019-06-04 14:12
A quick reality check before we begin to outline solutions to making legal services more accessible to people Read More
2019-05-30 18:12
Canada is forced to deal with its mess as the world agrees to list plastic as hazardous waste and tighten control over its international trade Read More
2019-05-29 14:36
The waning commitment of the provinces to renewable energy is unfortunate. But its relative low cost could see it make a political comeback Read More
2019-05-28 12:05
The Ontario government's message is probably unconstitutional. But it has time on its side Read More
2019-05-27 12:00
Some practical advice for lawyers crossing the border Read More
2019-05-27 12:00
Data and duties are the key factors in WTO e-commerce negotiations Read More
2019-05-27 12:00
A lawyer’s obligation to maintain privilege is one of the cornerstones of the legal system. But in-house counsel, who often give business advice, must be particularly vigilant Read More
2019-05-24 14:04
As governments around the world scramble to support the deployment of 5G, questions remain about who will reap the potential benefits, pay the costs and more importantly, who should control… Read More
2019-05-23 17:03
The Canadian government has unveiled a Digital Charter, which aims to help protect Canadians and their personal data. But why isn't there anything in there about holding political parties a… Read More
2019-05-22 13:11
Si la notion d’appropriation culturelle semble avoir explosé récemment, notamment au sujet d’oeuvres comme SLAV et Kanata, ce n’est pas d’hier qu’… Read More
2019-05-21 14:18
CBA comments on LGBTQI2S health study cover several areas of concern, including conversion therapy, drug treatment and intersex surgery, blood donations and trans health Read More
2019-05-16 14:17
The Canada Revenue Agency needs to bring more clarity to its guidance document on public policy dialogue and development activities Read More
2019-05-15 16:10
As the tech backlash against Facebook, Google and Amazon gathers momentum, the question is no longer whether global tech companies will be regulated, but when, how and by whom Read More
2019-05-14 15:31
The Supreme Court of Canada will hear two appeals that will have significant implications for the media and the public’s ability to rely on anti-SLAPP laws Read More
2019-05-14 15:27
To bring the resource to market, project proponents must first have meaningful interactions with First Nations. That means recognizing that distinct legal systems are at work Read More
2019-05-10 14:39
Graduates from abroad are often overlooked during discussions of diversity in the legal profession Read More
2019-05-08 15:12
Bill C-92, which was introduced in the House of Commons in February, is meant to help meet the Government of Canada’s commitment to righting past wrongs when it comes to the treatment… Read More
2019-05-07 18:44
An Alberta Court of Appeal ruling should make the outcome of summary judgment applications more predictable Read More
2019-05-07 16:06
Why the Saskatchewan Court of Appeal ruling on the federal carbon backstop could mark a turning point for Canadian environmental law Read More
2019-05-06 17:19
How should we respond when politicians use clips of televised hearings to mislead the public? Read More
2019-05-06 13:09
The question about what judges should be able to do after they’ve left the bench for good evokes many responses, depending on who’s answering, and should be addressed in the Cana… Read More
2019-04-30 18:57
The WTO won't save America's allies this time. Canada will have to up its game Read More
2019-04-30 15:23
The twin pursuits of environmental protection and economic development have made environmental law increasingly complex, and powerless. A shift to fundamental legal principles would change t… Read More
2019-04-29 14:15
It’s time for firms to let go of the formal power structures, and rely more on professional business support Read More
2019-04-25 16:17
As the act turns 50, it’s time for it is brought into the 21st century so that it can uphold legislative and judicial bilingualism Read More
2019-04-24 17:24
While legal aid lawyers in Ontario grapple with massive cuts to funding, after years of gutting in British Columbia, some see positive change on the western horizon. But how much will it ta… Read More
2019-04-23 17:05
Saskatchewan is different. It needs different tools at the outset to effectively reduce greenhouse gas emissions Read More
2019-04-23 15:48
The legislated moratorium comes at a time when pipeline capacity is particularly constrained in Canada, and the politics are sensitive Read More
2019-04-23 13:35
Leadership transitions and the challenges that new firm leaders face Read More
2019-04-23 12:00
Law firm managers need to educate themselves about addiction, experts say, for the good of the firm and of their lawyers Read More
2019-04-23 12:00
Being strategic means different things to different people, but when it comes right down to it, it’s finding the thing about you that is unique, and then selling it unique thing to a c… Read More
2019-04-17 15:34
Bill 21 targets Muslim women, and that means they can use the Charter to challenge it, notwithstanding the override clause Read More
2019-04-15 15:36
Les nouvelles règles du jeu pour les sociétés publiques canadiennes Read More
2019-04-15 12:00
What the latest acquisition of Thomson Reuters’ Legal Managed Services business says about the direction of the legal services industry Read More
2019-04-15 12:00
Canada is at high risk of teetering into a level of digital protectionism that is nearly unprecedented in the post-war economic order Read More
2019-04-14 12:00
Little good comes when the courts wade into issues of legislative policy; even less when the issue is neither fully argued by the parties nor given a balanced consideration in the decision o… Read More
2019-04-12 13:56
There may have been many good reasons for denying SNC-Lavalin a DPA. But nothing in the law prevents decision-makers from taking jobs into account Read More
2019-04-12 12:46
It’s not about the software Read More
2019-04-09 17:58
Diversity and inclusion may be fundamental to accessing the full range of available talent in the marketplace, but where does one start? Read More
2019-04-09 17:53
If you don’t have one, it’s time to think about being prepared for the worst Read More
2019-04-09 17:31
We need to recognize the differences in existing regulation for lawyer agents and non-lawyer agents Read More
2019-04-09 16:40
State action in response to climate disasters must be demonstrably fair and account for the hugely unequal impacts of climate change Read More
2019-04-08 18:21
A law that can’t be enforced is an aspiration on a page Read More
2019-04-08 18:11
L’actuel projet de loi québécoise sur la « laïcité de l’État » contient des dispositions dérogatoires à la Charte canad… Read More
2019-04-05 14:54
Long before it was cool, Lynne Vicars was a proud “tech geek at heart.” In the seventies, her family had one of the first Apple computers, and in the eighties, she completed a co… Read More
2019-04-03 14:03
Integrity, alas, is not codified or written down anywhere on any checklist you could use Read More
2019-04-03 13:53
With an auto market roughly the size of California’s, Canada could tip the scales in the fight over vehicle emissions standards Read More
2019-04-02 15:16
Short hearings are good, long ones might be necessary Read More
2019-04-01 19:23
L’actuel projet de loi québécoise sur la « laïcité de l’État » contient des dispositions dérogatoires à la Charte canad… Read More
2019-03-29 21:38
After a stinging defeat at the Ontario Court of Appeal, the federal government is now facing tough questions as to whether its legislation to reform the use of solitary confinement is going… Read More
2019-03-28 17:31
The federal government will be forgiving loans to Indigenous groups who have taken on debt to negotiate comprehensive claims and treaties. But what does it mean for future negotiations? Read More
2019-03-28 15:11
On the face of it, it looks like USMCA will have a state-to-state dispute settlement mechanism that the parties will be able to use. But politics will be unavoidable Read More
2019-03-28 15:05
The use of NDAs in sexual harassment cases has come under scrutiny in the US and in the UK. Canada needs to follow suit Read More
2019-03-26 11:30
C’est à juste titre que la jurisprudence récente a reconnu un statut doctrinal aux blogues juridiques Read More
2019-03-26 11:24
We need to know how the Crown will fulfill its duty to consult duty to consult with Indigenous people Read More
2019-03-25 19:00
The rise of ethics and integrity officers marks ongoing evolutions in the C-suite Read More
2019-03-21 12:00
Sometimes you can see too much Read More
2019-03-21 12:00
There are many ways to host your clients without breaking the bank Read More
2019-03-19 13:24
Unpleasant and stressful, they usually lead to additional harm to relationships in the workplace Read More
2019-03-19 13:16
When “going private,” a corporation may still continue for several days to be a public corporation for Canadian tax purposes Read More
2019-03-15 18:49
Legal regulation is hindering the emergence of the types of business models we need to drive innovation and cost reduction in law Read More
2019-03-13 18:21
Que devons-nous faire pour rendre le fruit de l’intelligence artificielle non discriminatoire et équitable? Read More
2019-03-13 17:43
The top court could impose a lower ceiling for youth trials Read More
2019-03-12 17:50
The SCC’s recent Jarvis ruling will have broad effects, particularly in the grey areas, on the use of surveillance technology Read More
2019-03-11 14:09
It’s time for Ottawa to engage provincial and territorial governments and begin negotiations Read More
2019-03-11 14:05
Online tools are fine. But expediency at the expense of sound decision-making can also result in a log jam of judicial review applications in the federal courts Read More
2019-03-06 15:55
Information about the purchase and use of cannabis can be highly sensitive. What can retailers do to protect their consumers’ privacy? Read More
2019-03-06 14:55
An effort to reduce backlogs requires flexibility Read More
2019-03-05 14:16
The federal bill tabled last week is good start to return jurisdiction over child welfare to Indigenous groups, says Ottawa lawyer David Taylor. But questions remain about ensuring that prop… Read More
2019-03-05 13:16
Responsible adoption of AI means we’re going to have to take a serious look at our privacy rules Read More
2019-03-04 16:36
The CBA proposes deliverables it can act on and develop to advance the Truth and Reconciliation Commission’s Calls to Action Read More
2019-03-04 16:17
National survey of articling students could create a baseline of data for the legal profession Read More
2019-02-27 16:03
With less than eight months to go before the next federal election, anxiety is running high that Canada might not have the legal tools in place to defend itself from foreign meddling Read More
2019-02-26 18:50
As we debate the merits of opening the legal profession to non-lawyers, the experience with immigration consultants offers a case study of the perils and pitfalls that can lie ahead Read More
2019-02-26 18:22
A narrow reading of the legal terms of the Good Friday Agreement may be politically expedient. But it carries risks Read More
2019-02-25 14:48
SCC hearings outside Ottawa could enhance Canadians’ appreciation for their democratic institutions Read More
2019-02-25 14:38
Deep structural problems persist in how our justice system handles family disputes. We need to think seriously about a complete overhaul Read More
2019-02-20 20:03
L’exception de moralité publique semble perdre en vigueur au sein du droit de la personne. Par contre, elle semble s’imposer de plus en plus en droit commercial Read More
2019-02-20 18:39
Could recent changes to Canada’s takeover bid regime have something to do with it? Read More
2019-02-20 18:23
“It will get worse before it gets better.” Canadian businesses must prepare for the escalation of the trade war Read More
2019-02-19 18:04
A fast and affordable dispute resolution system is no guarantee that “the right outcome” be achieved Read More
2019-02-15 19:33
How final is an award in a commercial arbitration? A lot depends on the parties who can set the limits of the right of appeal. Even when it comes to the standard of review Read More
2019-02-14 14:14
With the proposed reforms to the Divorce Act, our legal system will have better tools in place to deal with the issue of family violence Read More
2019-02-13 15:04
Is it time to revisit Canada’s extradition law? Read More
2019-02-13 14:51
Short sellers should not be able to profit from misleading information they publish, says Robert Staley of Bennett Jones Read More
2019-02-12 14:18
The resolutions relate to a definition of diversity, funds for family law research and the disclosure of non-conviction records Read More
2019-02-12 14:01
The minister talks about his dual role as a cabinet minister and the government’s top lawyer, extradition law, and his government’s plans for justice reform Read More
2019-02-08 16:36
The Jade September case in South Africa illustrates why gender equality advocates must do more to defend the rights of gender minorities Read More
2019-02-08 16:08
Réflexions sur un mouvement en recul dans les Balkans Read More
2019-02-08 15:27
Proposed amendments to the Divorce Act are a step in the right direction. But lawmakers must still confront some thorny issues about relocation Read More
2019-02-08 14:39
S’il s’agit d’accorder des droits aux conjoints de fait, prévoyons un mécanisme simple et souple pour calculer les compensations financières Read More
2019-02-08 13:20
We put five questions to the 2019 winner of the Douglas Miller award Read More
2019-02-07 13:53
Toronto-based fertility lawyer Kelly Jordan discusses the challenges surrogates, donors and intended parents face in Canada Read More
2019-02-06 15:00
Former Justice Harry LaForme wins SOGIC Ally Award Read More
2019-02-05 14:01
Florence Ashley, humanist and activist for the rights of transgender and non-binary people Read More
2019-02-04 18:13
We must not let efficiency work against the interests of children Read More
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