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‘Law’ and the #CharlieHebdo Mass Murder

According to the Wikipedia entry on depictions of Muhammad  “In Islam, although nothing in the Qur’an explicitly bans images, some supplemental hadith explicitly ban the drawing of images of any living creature; other hadith tolerate images, but never encourage them. Hence, most Muslims avoid visual depictions of Muhammad or any other prophet such as Moses…

B.C. Minister’s reason for revoking TWU’s J.D. hurts the legal academy

Virk revokes ministerial approval of twu’s j.d. program Opponents of Trinity Western University (TWU) in its bid to open a law school celebrated earlier this month when, on December 11, 2014, the British Columbia Minister of Advanced Education, Amrik Virk, revoked Trinity Western University’s authorization to grant undergraduate law degrees (J.D.).  He explained his decision as follows: Based on the current situation, I have decided to revoke my approval of the proposed law school at Trinity Western University. This means the university cannot enroll any students in its proposed program. The current uncertainty over the status of the regulatory body approval means…

Francisco_de_Goya_-_Escena_de_Inquisición_-_Google_Art_Project

Judges judging judges: The Douglas Inquiry exposed its flawed process

My recent post on the conclusion of the Canadian Judicial Council (CJC) Inquiry into the Douglas Inquiry urged for a better and clearer articulation of the reasons for removal of federally-appointed judges from office.   After realizing late that a procedure in the hands of her judicial colleagues was in fact a runaway train, the former Associate Chief Justice of…

A Self-Harming of Judicial Independence: The Legacy of the Inquiry into Lori Douglas

The Canadian Judicial Council Inquiry Committee regarding the Honourable Lori Douglas is now over.  The embattled Manitoba judge, whose late husband allegedly posted nude photos of her online and encouraged his former client to sleep with her, decided to settle for early retirement after the committee’s November 4, 2014, Ruling on Preliminary Motions, in which the tribunal insisted on viewing the nude photographs of her.  Douglas did obtain a temporary stay of the ruling from the Federal Court, but this step effectively bought her time to bring a halt to the proceedings. Despite the stay and the settlement of the complaint, the CJC’s ruling has damaged…

Manning Award BW

Lawyers are for hire, not for sale: At stake in the 2015 LSUC Bencher Election

On April 30, 2015, lawyers in Ontario will exercise their duty to elect Benchers of the Law Society.  Bencher elections have historically seen glacial changes in the complement of Convocation, the governing council of Ontario’s legal profession.  As in many elections featuring low voter turn-out, incumbent candidates tend to say little of substance in their campaigns and…

Let’s be honest about the SCC’s new ‘fair opportunity’ doctrine in contract law

On November 13, the Supreme Court in Bhasin v. Hrynew, 2014 SCC 71 (CanLII) changed the law of contract in Canada by imposing duties of good faith and honesty on all contractual relations.  Until now, the duties have been applied to agreements in situations of power imbalance, notably insurance, employment and franchises. The plaintiff, Mr. Bhasin, was a dealer in education savings plans, a type of consumer investment, offered by the corporate defendant. At the end of the three-year contract, the corporate defendant decided to invoke a notice provision blocking the automatic renewal of the contract.  The reason for its…