Latest Commentary

  • Gabrielle Giroday

    Editorial: Framework shifts

    At times, there can be a tendency in journalism to add drama and flourish, as well as action phrases, to the written word. That being said, it would be fair to say that when the SCC ruled in R. v. Jordan, a traditional legal framework was shattered.

    Gabrielle Giroday|May 8, 2017
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    Speaker's Corner: Sexual assault processes need new options

    Despite many changes to the Criminal Code sexual assault provisions and training of judges and other actors, the legal system still has challenges when it comes to sexual assault.

    Patricia Hughes|May 1, 2017
  • Gabrielle Giroday

    Editorial: Intervention early

    A Law Times story this week describes a new study by the Canadian Forum on Civil Justice. In the study, senior research fellow Ab Currie — who has 30 years of experience at Justice Canada — found that a pilot project in Southwestern Ontario legal clinics has successfully tapped into unmet legal needs, through a community partnership approach with 125 organizations and service agencies.

    Gabrielle Giroday|May 1, 2017
  • Gabrielle Giroday

    Editorial: Nudging SIU change

    There was much food for thought in Justice Michael Tulloch’s recent report on three police oversight bodies in Ontario, particularly for lawyers. Put simply, police officers in Ontario are facing difficult times when it comes to public confidence in their actions.

    Gabrielle Giroday|Apr 24, 2017
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    Speaker's Corner: Time for courts to go paperless

    Much ink has been spilled, so to speak, on the Ontario courts’ failure to move into the digital age. Despite this frequent criticism, the problem persists without a solution in sight.

    Brooke MacKenzie|Apr 24, 2017
  • Philip Girard

    Fluid border isn’t new

    The sleepy town of Emerson, Man. has been much in the news recently as the entry point to Canada for refugees fleeing Donald Trump’s America. But this is not the first time Emerson’s role as a border town has thrust it into the limelight.

    Philip Girard|Apr 17, 2017
  • Gabrielle Giroday

    Editorial: The last resort

    Law Times reports the Fair Change Community Services Legal Clinic is looking to launch a constitutional challenge to the provincial Safe Streets Act, which bans aggressive panhandling.

    Gabrielle Giroday|Apr 11, 2017
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    Speaker's Corner: To strike or not to strike

    A motion to strike is an important tool in the litigator’s arsenal, often used to achieve a speedy end to litigation. The courts have repeatedly held that the test is whether it is plain and obvious that the pleading, construed generously, discloses no reasonable cause of action or defence assuming the facts pleaded to be true.

    Nadia Campion |Apr 11, 2017
  • Gabrielle Giroday

    Editorial: Timing is everything

    Once upon a time, in 2015, a plan by then-president Barack Obama and then-prime minister Stephen Harper to make travelling between the two countries faster seemed like a very sensible idea.

    Gabrielle Giroday|Apr 3, 2017
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    Speaker's Corner: Call for clarity on Crown’s duty to consult

    The Crown’s duty to consult indigenous peoples — where a decision has the potential to adversely impact existing or asserted aboriginal or treaty rights — finds its root in s. 35 of the Constitution Act, 1982, which states, “The existing aboriginal and treaty rights of the aboriginal peoples of Canada are hereby recognized and affirmed.”

    Izaak de Rijcke and Megan E. Mills|Apr 3, 2017
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