What Keeps Family Law Lawyers Up at Night? Self-Represented Parties

slaw - Mon, 11/10/2014 - 09:00

Like many areas of practice, family law is going through a period of change. Both clients and their lawyers are questioning traditional modes of practice. Economic woes both cause legal problems, and leave clients with limited resources with which to resolve them. Stress – for both families in crisis and for their lawyers – is a constant reality. Still, within this challenging climate, family lawyers are expected to work diligently and professionally in the service of their clients’ interests.

To understand how the bar is coping with the demands of modern family law practice, LAWPRO invited a sampling of lawyers from across the province to answer the question “What keeps you up at night?”

Helene Desormeau and Christopher Giggey are partners in a Cornwall family law practice. Each identified self-represented family litigants as an issue of particular concern. Ms. Desormeau’s comments focus on access to justice, particularly for victims of family violence; Mr. Giggey talks about the challenges of representing a family law client where the opponent lacks representation.

Helene Desormeau
The problem
I’m concerned when I encounter victims of domestic violence who earn under $19,000 annually or who are in receipt of public assistance, but who are refused traditional legal aid because the violence was “not serious enough.” I have also encountered people who have to go to court because they are afraid that the ex-partner will attend to kidnap the children, but who don’t qualify for legal aid because the ex-partner lives 200 kilometres away; or men or women forced to bring motions to vary support after a drastic change in financial circumstances (such as losing their employment) who must attend court without legal counsel. Although the situations described above are serious from my perspective, they do not qualify for legal aid.

What helps
I’ve served as family court duty counsel, and I’ve assisted in the local Family Law Information Centre. Also, I often accept clients funded under special domestic violence duty counsel certificates. These certificates – often issued by shelters – entitle the recipient to two hours of legal assistance. Two hours is usually not enough time to meaningfully help someone in dealing with the breakdown of the relationship, to provide advice about legal rights and possible remedies, or to assist these people in cutting through the cobwebs of the legal issues they face. In many cases, all I can do is draft pleadings for these clients so that they at least have a good first step into the family court world.

The bigger challenge
Duty counsel and advice lawyers from the Family Law Information Centre are generally extremely knowledgeable and exceptionally helpful and patient. However, they often lack the time to follow a matter through, especially when both sides tend to be self-represented.

And they cannot shelter victims of violence by sending correspondence on their behalf, or by ensuring that the aggressor does not have their personal contact information. When unrepresented, the victims of domestic violence may continue to be victimized by the aggressor by having to communicate directly with that person, often when they are at their weakest. Legal aid budgets and services continue to shrink; if this trend continues, the only people likely to have legal counsel in family court are those who earn substantially over $50,000 annually, and can afford to privately retain a lawyer

Christopher Giggey
The problem
The ever-increasing proportion of self-represented litigants in family court means the proceedings often become protracted and more time intensive, due in part to the fact that the other side does not have the benefit of ongoing legal representation. This can translate into increased legal fees for represented clients, because additional time must often be spent in dealing directly with opponents who have a limited understanding of the law and of legal procedure.

What helps
In my initial correspondence to the self-represented litigant, I set out my obligations under rule 2.04(14) of the Rules of Professional Conduct. Notwithstanding this, I have found that the self-represented litigant will attempt to obtain direction – and sometimes legal advice – from me. As a result, it often becomes necessary to remind the other party of my role and my obligations throughout the proceeding.

Sometimes a self-represented opponent sends an unmanageable volume of email; when this happens, I have followed the suggestion of other lawyers, and have asked that all future correspondence be via mailed letter. I also take the time to explain to my client, at the outset of the retainer, that courts may provide a self-represented party with some leeway in presenting their case and complying with deadlines. Hopefully, this assists in managing their expectations down the road, when procedures are relaxed somewhat to account for a party being self-represented.

Advice for new lawyers
Establish contacts with more senior lawyers in your area of practice. Senior counsel are usually more than willing to pass on their knowledge and experience. There will come a time when you need to rely on this support network, and therefore, you should ensure that it is in place at the outset.

The full article can be found in the August 2012 issue of LAWPRO Magazine. All past LAWPRO Magazine articles can be found at www.lawpro.ca/magazinearchives

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Using Git to manage a web site –

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Using Git to manage a web site – http://toroid.org/ams/git-website-howto

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Deploy websites using Git &#8211; the

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Deploy websites using Git – the easy way | Deadly Technology – http://deadlytechnology.com/web-development/deploy-websites-with-git/

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New Solo Technology Shopping List: the Basics

The Lawyerist - Mon, 11/10/2014 - 07:12

Choosing a laptop and selecting a document scanner aren’t covered in law school. To make it easier, here is my “shopping list” for new solos. Just get what you need and get back to focusing on your clients instead of poring over practice management software reviews.

Obviously, this does not cover everything you need, but it definitely contains the basics — everything you need to get a new law firm up and running.

Basic Hardware 13″ Macbook Air or Lenovo ThinkPad X1 Carbon

If you are only going to have one computer, it should be a laptop. And there is no reason to go with a big, heavy laptop when an ultralight has plenty of speed and power and will slip easily into a regular bag.

Related“Switching to Mac isn’t That Hard, Even for a Lifelong Windows User”

Mac or PC? It doesn’t really matter, but I’ve always advised solos to get a Mac. You’ll spend less time doing your own tech support, and you will spend less money in the long run. (Yes, you can spend less on a PC, but you will end up with a less-powerful computer that you will have to replace sooner, and that may very well fall apart before you are ready to replace it.)

The 13″ MacBook Air is probably the best laptop ever built, although there is a strong argument to be made for the 13″ Retina MacBook Pro. You won’t be sorry if you get one.

If you prefer Windows, you can’t do better than the Lenovo ThinkPad X1 Carbon. ThinkPads are rock-solid and last forever. The 14″ screen is pretty much perfect, and the keyboard is fantastic.

Fujitsu ScanSnap iX500

You do not want a multifunction printer/copier/scanner/toaster. Instead, just get a good document scanner and laser printer.

We’ve been recommending Fujitsu ScanSnaps for years because they are great scanners with unsurpassed ease of use. The ScanSnap iX500 is a desktop document scanner that will also scan wirelessly to your computer and mobile device. You should have one. If that doesn’t persuade you, read our review of the iX500.

HP LaserJet Pro 400 M401dw

A printer is not the most exciting thing on your shopping list, but you do need a fast, reliable one. It needs to be fast so you don’t have to wait around when you need to print out a stack of documents the night before a trial or right before a real estate closing. And it needs to be reliable because you don’t want to replace it very often. And get a laser printer because inkjets just aren’t worth it.

Our current top pick is the HP LaserJet Pro 400 M401dw, which is a solid laser printer and a great value. It even prints wirelessly, which is one less wire you need to plug in every time you set down your laptop. For the details, read Randall’s review.

Time Capsule 2TB or WD Elements 2TB

You’ll want two backup methods: one local, one remote. For the local backup, an external hard drive is the way to go. If you use a Mac, get the 2TB Time Capsule, which works with Time Machine to back up your files wirelessly. It also functions as a wireless router.

If you use Windows or are more cost-conscious, get a 2TB WD Elements. This basic drive will work fine with Time Machine or any other backup software, although it will have to be plugged into your computer.

Basic Software Microsoft Office

You can get by without Microsoft Office, but that doesn’t mean it is a good idea. Just get it. The home and business versions let you install Office on up to two computers. Now that you can use Office for iOS and Android for free, there is really no reason to subscribe to Office 365, particularly since the business plans aren’t a great value by comparison. (The versions of Word, etc., are the same.)

If you use Windows, the newest version is Office 2013 If you use a Mac, you’re stuck with Office 2011 until Microsoft finally gets around to updating it.

Google Apps for Work

The best email, calendar, and contact management is from Google, and it is now called Google Apps for Work (f/k/a Google Apps for Business). You can use it in two ways. I prefer the web interface for all Google’s products, because then I have the same experience no matter where I am. But you can also use the Google Apps Sync for Microsoft Outlook and you will never know you are using Google Apps.

It’s way better than the email provided by your ISP.

Clio or MyCase

I won’t try to take sides between what I think are the two best practice management software options currently on the market. Instead, read our user guides to Clio and MyCase and give them a try. In fact, probably the best way to decide for yourself is to use both of them in tandem on at least one case, and pick the one with the user experience you like best.

There are many other options out there, and some of them are very good. If you have the time and patience, go ahead and investigate them. But if you just flip a coin and pick Clio or MyCase, you will probably be perfectly happy.

Xero or Quickbooks Online

I have used QuickBooks for Windows, QuickBooks for Mac, QuickBooks Online, and Xero for my law firm accounting and for Lawyerist. If I were starting a new practice, despite some complaints, I would use Xero. I much prefer it to any incarnation of QuickBooks.

That said, QuickBooks is basically the industry standard small-business accounting software. Your accountant probably uses it, but definitely knows how to work with it. You can’t really go wrong with Quickbooks Online, except that it really isn’t very good. Xero, on the other hand, is very close to good, and within spitting distance of great.

CrashPlan

For remote backup, you’ll want something automatic and unobtrusive. CrashPlan is rock-solid, very secure, and offers unlimited storage for your backups. You can even set up your own backup server (I use an old Windows PC) to keep an extra copy under your own control.

That’s it for the basics. If you have questions, ask in the comments or take them to the Lawyerist Lab. If the comments or in the Lab, I will be happy to defend my choices (or omissions) or suggest alternatives.

Updates
  • 2011-10-06. Originally published.
  • 2014-11-09. Updated.

Featured image: “note and pencil” from Shutterstock.

Categories: Teknoids Blogs

Monday’s Mix

slaw - Mon, 11/10/2014 - 07:00

Each Monday we present brief excerpts of recent posts from five of Canada’s award­-winning legal blogs chosen at random* from sixty recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible.

This week the randomly selected blogs are 1. Legal Feeds  2. The Ontario Condo Law Blog  3. Excess Copyright  4. Western Canadian Business Litigation Blog  5. Combat Sports Law

Legal Feeds
Native cultural preservation used to justify mixed-marriage ban, evictions

The collective right to cultural preservation cannot be presented as justification for depriving individuals of their basic human rights. So says Julius Grey, the highly respected constitutional lawyer at Grey Casgrain who is representing seven members of the Kahnawake Mohawk band being evicted from their homes on the reserve for having married non-natives. The suit demands $50,000 in damages for each plaintiff as well as a declaration by Mohawk Kahnawake Council that members are entitled to live on the reserve with their spouses and bequeath property and rights to their children….

The Ontario Condo Law Blog
Watch Out: Developers limiting their liability for building defects

As the buying frenzy for new condos continues, a growing trend threatens to leave purchasers poorly protected against construction deficiencies. Purchasers and their lawyers should pay attention. In recent years, some developers’ agreements of purchase and sale for new units began including limits on the developers’ warranties for those units. But that wording would usually not prevent the condo corporation from making claims for construction defects in the common elements. That has changed….

Excess Copyright
Last Minute Discontinuance of Patent Case on “Promised Utility” in Supreme Court of Canada

In a very unusual development in a case that promised to be very interesting and important both domestically and internationally, Apotex has filed a notice of discontinuance literally on the day before and figuratively on the steps into the Court in its appeal against Sanofi in the Supreme Court of Canada that was to have been heard earlier today in Apotex et al v. Sanofi et al. The notice states that “The Appellants wholly discontinues this Appeal on a without costs basis on consent.” This language suggests that some kind of settlement agreement – presumably very confidential – must have been concluded….

Western Canadian Business Litigation Blog
The Thorny issue of Costs and Special Costs

One of the most exasperating aspects of civil litigation for clients is the issue of court ordered costs. Ordinarily, the party that wins a case is entitled to have their “costs” paid by the other side. The court’s ability to award costs is discretionary and, as a result, often difficult to predict. There are, generally speaking, two types of costs awards: “party and party costs” and “special costs”. “Party and party costs” are calculated based on a tariff in the Supreme Court Civil Rules which provides various ranges of “units” for various steps in litigation. Once the number of “units” is established, that figure is multiplied by one of three possible unit values (Scale A, B or C), to reach a total. That amount, plus legitimate disbursements and taxes, equals the ultimate costs award. This amount is generally about 30% to 40% of the actual legal costs incurred….

Combat Sports Law
MMA Regulatory Roundup

A quick roundup of recent regulatory punishments of note this week in the world of MMA. Following a 30% purse withholding due to Battlegrounds ONE tournament winner Roan Carneiro showing up late to a pre bout medical meeting, the Oklahoma State Athletic Commission reduced the fine to $100 (down from $15,000 being 30% of the tournament prize). The reduction was based apparently on the fact that a 30% penalty was disproportionate in the circumstances of the grand prize of a one night elimination tournament. The Edmonton Combative Sports Commission handed a 6 month suspension to Ryan Ford for failing to disclose a broke arm sustained prior to competition….

_________________________

*Randomness here is created by Random.org and its list randomizing function.

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Excessive Executive Compensation

slaw - Mon, 11/10/2014 - 07:00

A friend of mine is concerned that the existence today of excessive executive compensation is leading to the accumulation of disproportionate wealth and economic and political power in the hands of a few.

No one doubts that individuals try to better their condition.

Business leaders such as Warren Buffett and Charlie Munger of Berkshire Hathaway are critical of excessive executive compensation.

Munger states that Berkshire Hathaway, a large holding company, owns many companies with boards of directors. Munger says that Berkshire Hathaway does not pay directors fees to non-executive board members of its subsidiaries. Munger said that if you start paying directors “it creates a daisy chain of reciprocity where they keep raising the CEO salary and he keeps recommending more pay for the directors”.

Munger suggests that directors should serve without compensation like members of the boards of trustees of universities in the U.S. who do not receive compensation other than some travel and per diem expenses.

What is excessive executive compensation? Across the Standard & Poors 500 Index of companies, the average multiple of CEO compensation to that of rank and file workers is 204 (per 2014 Bloomberg L.P.). The American Federation of Labor states that the average multiple of CEO compensation to the average worker is 355. The AFL states thatCEOs at S&P 500 companies in 2012 earned on average $12.3 million and the average worker took home $34,645.

In Japan the multiple is much lower. PriceWaterhouseCoopers estimates that for companies listed on Japan’s stock exchanges that executive compensation is about 16 times that of the typical Japanese worker (See Bloomberg Business Week July 11, 2010). In 2009 the chairman of Toyota Motors earned $1.5 million.

The state owned Industrial & Commercial Bank of China is the largest bank in the world with over 400,000 employees. The bank’s CEO earns about $326,000 per annum or 1.6% of the compensation of the CEO of JPMorgan Chase, a U.S. bank. Xi Jinping, the General Secretary of the Communist Party of China is about to reduce the “unreasonably high” incomes of bankers at state owned banks (see Bloomberg Businessweek September 28, 2014).

Charlie Munger said in a May 4, 2014 interview that it is “insane” to suggest that CEOs would not be as good at their jobs if they made a little less money. Also some studies suggest that excessive executive pay can harm productivity, lead to poor decisions and may adversely motivate other employees (see Ruth Sullivan, Financial Times June 3, 2013).

A legislative remedy for excessive executive compensation is not likely to take place in North America. I suggest that individuals can vote with their pocketbooks for a culture of lower executive compensation by buying Chinese or Japanese products.

P.S. – Mr. Ben Bernake earned $199,000 in 2013 as Chairman of the Board of Governors of the U.S. Federal Reserve System.

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USC Legal Tech Startup Weekend, November 7-9, 2014, Los Angeles: Results, links, and resources

Legal Informatics Blog - Mon, 11/10/2014 - 03:37

USC Legal Tech Startup Weekend was held 7-9 November 2014 at the University of Southern California Gould School of Law in Los Angeles, California, USA.

Results of the event — consisting of four projects, including three winners — are described in Adam Long’s post at Amy Wan’s blog, The Legal Pioneer: Results of USC Legal Tech Startup Weekend.

The event Website is at: http://www.up.co/communities/usa/los-angeles/startup-weekend/4867

The schedule is posted at: http://www.up.co/communities/usa/los-angeles/startup-weekend/4867#event-schedule

Some Twitter hashtags being used for the event were: #legaltech and #legalhack

The Twitter account for the event is @USCLegalTech_SW

Here is a description of the event, from the event Website:

[...] The legal industry is in dire need of innovation and is asking for your help. Come join us Nov. 7-9 for the inaugural USC Legal Tech Startup Weekend hackathon and help us bring the legal industry into the 21st century. Anyone can make an elevator pitch Friday night. The top vote-getting ideas will be hacked into minimally viable products to be presented to a panel of industry experts. Prizes will be awarded (each member of the winning team will get an Amazon Kindle!); friendships will be made; and the legal industry will be forever in your debts. [...]

HT @amyywan (here and here)


Filed under: Applications, Hacking, Showcases, Technology developments, Technology tools Tagged: #LegalHack, Access to justice technology, Adam Long, Amy Wan, Hacking events, Law practice technology, Legal hackathons, Legal hacking events, Legal startups, Legal technology startups, Technology for access to justice, USC Legal Tech Startup Weekend, USC Legal Tech Startup Weekend 2014
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UK Parliament Hackathon 2014: Results, links, and resources

Legal Informatics Blog - Mon, 11/10/2014 - 03:24

UK Parliament Hack 2014, called Accountability Hack, was held 8-9 November 2014 at the National Audit Office in London.

Results of the event, consisting of 19 projects, are listed at: http://hacks.rewiredstate.org/events/acchack14

Click here for Tracy Green’s announcement of the event at the Parliament Digital blog.

The eventbrite page for the event is at: http://www.eventbrite.co.uk/e/accountability-hack-2014-tickets-10410729773

The discussion forum for the event is at: https://groups.google.com/forum/#!forum/acchack14

Twitter hashtags for the event included #ParlyHack14 and #AccHack14

Here is a description of the event, from the eventbrite page:

A unique chance to hack NAO, ONS and Parliamentary information in one place at one time

Interested in how Parliament works; how public sector expenditure is audited; or the key statistics generated by the public sector? Then come to #AccHack14 incorporating #ParlyHack14

NAO, ONS and Parliament are holding a joint hack event to look at how they use each others information; what their users want to do with their data and information; and how to improve what they do online.

So are you an armchair auditor? Keen on Parliamentary processes? Use lots of public sector data? Then this is the event for you. There is the bonus opportunity to stay overnight in the NAO buildiing if you so desire.

There will also be a follow up event during Parliament week so that non developers can see what was achieved during the hack – more details to follow.

Who is organising the event?

  • National Audit Office (NAO) – Nick Halliday
  • Office of National Statistics (ONS) – Matt Jukes
  • Parliament – Tracy Green [...]

HT @greentrac and @jukesie


Filed under: Applications, Hackathons, Hacking, Projects, Technology developments, Technology tools Tagged: #AccHack14, #ParlyHack14, Accountability Hack, Legal hackathons, Legislative hackathons, Open legal data, Open legislative data, Parliamentary hackathons, Tracy Green, UK Parliament Hack, UK Parliament Hack 2014
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Ontario May Review Municipal Conflict of Interest Act

slaw - Sun, 11/09/2014 - 23:54

Ontario’s Municipal Conflict of Interest Act (MCIA) has played a central role in some of the legal disputes around some of our mayors.

The 2013 appeal of the conflict of interest case for Rob Ford illustrated some of the shortcomings of the MCIA. Prior to that, Justice Cunningham made recommendations over the MCIA in context of a judicial inquiry into Mississauga’s Hazel McCallion.

The Toronto Star reported this week that some much needed changes may be coming to the Act,

The ministry is reviewing the Municipal Conflict of Interest Act, and is considering Justice Cunningham’s recommendations as well as stakeholder input, as part of the review.

 

Categories: Teknoids Blogs

How Law Libraries Can Help Self-Represented Litigants

slaw - Sun, 11/09/2014 - 18:32

This is a follow-up to a September 18, 2014 post on Slaw.ca entitled American Association of Law Libraries Report on Access to Justice that referred to a white paper about what U.S. law libraries are doing to assist self-represented litigants (SRLs).

The blog of the National Self-Represented Litigants Project funded by the University of Windsor Faculty of Law has a recent guest post on the role that Canadian law libraries can play to help SRLs.

It is written by Annette Demers, Acting Law Librarian, University of Windsor, Melanie Hodges Neufeld, Director of Legal Resources, Law Society of Saskatchewan, and Dale Barrie, Information, Research and Training Services (IRTS) Manager, Alberta Law Libraries. Demers is also the current President of the Canadian Association of Law Libraries:

“Much effort is required in order to ensure that SRLs and the larger public understand that the law library is a resource available to them. Through partnerships with other public service providers such as public libraries, Legal Guidance or other pro bono agencies, the law library will benefit through increased exposure, and SRLs will ultimately benefit by learning how to access a significant resource that is freely available to them.”

“Integration with other court service providers and general awareness raising campaigns will help to ensure that proper referrals are made, and that SRLs can be provided with the option of accessing information resources that may prove to be very useful to them. Additional partnerships may also be pursued to more efficiently deliver legal information to SRLs. In Saskatchewan, the Law Society Library has been exploring options for a more coordinated approach with several other legal information providers.”

“The law library must also continue to increase its role in the development and provision of information available online via library and court websites.”

“By employing best practices in website design and usability, using plain-language approaches in developing public legal education and information tools, and by engaging people in multiple places and in multiple formats, the law library will increasingly be seen as a destination for anyone with a legal information need.”

“An important challenge for the legal profession is building public awareness about the variety of tools available to SRLs, including law librarians and the services and materials that they provide.”

The National Self-Represented Litigants Project is headed by University of Windsor prof Julie Macfarlane.

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My Twitter Digest for 11/08/2014

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Summaries Sunday: Maritime Law Book

slaw - Sun, 11/09/2014 - 07:00

Summaries of selected recent cases are provided each week to Slaw by Maritime Law Book. Every Sunday we present a precis of the latest summaries, a fuller version of which can be found on MLB-Slaw Selected Case Summaries at cases.slaw.ca.

This week’s summaries concern:
Evidence – Criminal Law – Practice

R. v. Labossière (D.J.) 2014 MBCA 89
Evidence – Criminal Law
Summary: The accused was convicted of three counts of first degree murder respecting the deaths of his brother and his parents. At trial, a Crown witness, Toupin, testified that he and another man committed the murders and that they had been paid to do so by the accused. The accused appealed his convictions on two grounds: (1) that the trial judge erred when she permitted the Crown to lead evidence concerning the accused’s prior criminal involvement; …

R. v. Chambers (D.F.) 2014 YKCA 13
Civil Rights – Criminal Law
Summary: The accused, an aboriginal person, pleaded guilty to break, enter and commit assault, common assault and uttering threats. The Yukon Territorial Court, in a decision reported [2013] Yukon Cases Uned. (TC) 77, after considering the Gladue factors, imposed a global sentence of 15 months. The sentencing judge then considered whether the accused was entitled to enhanced credit for pre-sentence custody. The judge explained that the accused had spent two distinct periods of time in …

Brown v. Hudson’s Bay Co. et al. 2014 ONSC 5079
Practice
Summary: Brown brought an action to recover damages for injuries he sustained in a struggle with mall security guards. He claimed he was falsely arrested and that the guards used excessive force, thereby assaulting him. Daley, J., made an order requiring Brown to pay $30,000 into court as security for the defendants’ costs of discoveries and a pre-trial conference. Brown moved for leave to appeal. The Ontario Divisional Court, per Price, J., in a decision not reported in this …

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Summaries Sunday: SOQUIJ

slaw - Sun, 11/09/2014 - 07:00

Every week we present the summary of a decision handed down by a Québec court provided to us by SOQUIJ and considered to be of interest to our readers throughout Canada. SOQUIJ is attached to the Québec Department of Justice and collects, analyzes, enriches, and disseminates legal information in Québec.

PÉNAL (DROIT ) : Du délai de 45 mois retenu pour évaluer la demande d’arrêt des procédures présentée par le requérant, 34 mois sont jugés imputables aux actes de la poursuite; compte tenu du préjudice subi, ce dernier, qui était directeur des services de police à l’époque des faits, ne subira pas son procès pour conduite avec les facultés affaiblies.

Intitulé : Roy c. R., 2014 QCCQ 9638
Juridiction : Cour du Québec, Chambre criminelle et pénale (C.Q.), Québec, 200-01-151018-102
Décision de : Juge Johanne Roy
Date : 14 octobre 2014

PÉNAL (DROIT) — procédure pénale — procédure fédérale — arrêt des procédures — droit d’être jugé dans un délai raisonnable — délai (45 mois) — conduite avec facultés affaiblies — alcoolémie supérieure à la limite permise — délai imputable à la poursuite (34 mois) — divulgation de la preuve — préjudice — droit à une défense pleine et entière — accusé directeur d’un service de police — perte d’emploi — atteinte psychologique — perte financière.

PÉNAL (DROIT) — garanties fondamentales du processus pénal — droit d’être jugé dans un délai raisonnable — délai (45 mois) — conduite avec facultés affaiblies — alcoolémie supérieure à la limite permise — délai imputable à la poursuite (34 mois) — divulgation de la preuve — préjudice — droit à une défense pleine et entière — accusé directeur d’un service de police — perte d’emploi — atteinte psychologique — perte financière — arrêt des procédures.

DROITS ET LIBERTÉS — droits judiciaires — personne arrêtée ou détenue — droit d’être jugé dans un délai raisonnable — délai (45 mois) — conduite avec facultés affaiblies — alcoolémie supérieure à la limite permise — délai imputable à la poursuite (34 mois) — divulgation de la preuve — préjudice — droit à une défense pleine et entière — accusé directeur d’un service de police — perte d’emploi — atteinte psychologique — perte financière — arrêt des procédures.

DROITS ET LIBERTÉS — réparation du préjudice — arrêt des procédures — droit d’être jugé dans un délai raisonnable — délai (45 mois) — conduite avec facultés affaiblies — alcoolémie supérieure à la limite permise — délai imputable à la poursuite (34 mois) — divulgation de la preuve — préjudice — accusé directeur d’un service de police — perte d’emploi — atteinte psychologique — perte financière — droit à une défense pleine et entière.
Requête en arrêt des procédures. Accueillie.

Le requérant fait face à deux chefs d’accusation lui reprochant, le 29 septembre 2010, la conduite d’un véhicule avec les facultés affaiblies ainsi qu’avec une alcoolémie supérieure à la limite permise. Il demande l’arrêt des procédures en vertu des articles 7, 11 b) et 24 (1) de la Charte canadienne des droits et libertés, soutenant une violation du droit à la divulgation de la preuve qui compromet son droit à une défense pleine et entière (art. 7) et, compte tenu des délais accumulés et imputables à la poursuite (art. 11 b)), le préjudice subi. Le requérant était directeur d’un service de police. À la suite des événements, il a été relevé de ses fonctions et a fait l’objet d’une suspension avec solde d’une durée de un an. Pour éviter la destitution, il a dû négocier les conditions de sa fin d’emploi. Il fait état de problèmes psychologiques qui lui ont occasionné de l’insomnie, une perte d’estime de soi et un sentiment de dévastation. Les professionnels consultés ont diagnostiqué un trouble de l’adaptation avec humeur anxio-dépressive et lui ont prescrit des médicaments. Il a également éprouvé des problèmes financiers. Il est aujourd’hui âgé de 59 ans, et ses offres de services ont toutes été déclinées.
Décision

Le délai à considérer est de près de 45 mois. Les délais inhérents représentent cinq mois et demi, ce qui est raisonnable, compte tenu de la nature des accusations et de l’absence de complexité particulière en vue de la préparation au procès. Quant aux délais liés aux actes du requérant et à ceux de la poursuite, plusieurs ont trait à la divulgation de la preuve. En outre, une information qui pouvait avoir un effet sur sa défense, soit une précision connue avant le dépôt des accusations, ne lui a été communiquée que près de quatre ans plus tard. Un délai de 34 mois est attribuable aux actes du ministère public. Quant au préjudice subi, il doit s’apprécier en fonction des trois intérêts que l’article 11 b) de la charte vise à protéger, soit la liberté, la sécurité de la personne et le droit de présenter une défense pleine et entière. En l’espèce, le requérant a démontré l’existence d’un préjudice réel attribuable à la longueur du processus en ce qui concerne la sécurité de sa personne et il fait référence au stress, aux atteintes psychologiques et aux pertes financières subies. Il y a également lieu de constater le risque d’atteinte à son droit à un procès équitable, compte tenu de la nature de l’information et du délai avant qu’elle ne lui soit communiquée. Il y a eu violation du droit d’être jugé dans un délai raisonnable.

Le texte intégral de la décision est disponible ici

Categories: Teknoids Blogs

From AWS: Hue &#8211; A Web User

<CONTENT /> v.5 - Sat, 11/08/2014 - 16:47

From AWS: Hue – A Web User Interface for Analyzing Data With Elastic MapReduce. https://aws.amazon.com/blogs/aws/hue-web-ui-for-emr/

Categories: Teknoids Blogs

Latest from Adobe: Brackets &#8211; A

<CONTENT /> v.5 - Sat, 11/08/2014 - 16:44

Latest from Adobe: Brackets – A modern, open source code editor that understands web design.. http://brackets.io/

Categories: Teknoids Blogs

Getting the most out of the VLC media player

<CONTENT /> v.5 - Sat, 11/08/2014 - 16:13

The Best Hidden Features of VLC – This article outline some of the best features of my favorite media player, VLC. Features include downloading YouTube videos, recording your desktop, converting video files, recording your webcam, and subscribing to podcasts. VLC is cross platform so most of these features work on Linux, Mac, and Windows.

Categories: Teknoids Blogs

My Twitter Digest for 11/07/2014

<CONTENT /> v.5 - Sat, 11/08/2014 - 15:30
Categories: Teknoids Blogs

USC Legal Tech Startup Weekend, November 7-9, 2014, Los Angeles: Links and resources

Legal Informatics Blog - Sat, 11/08/2014 - 04:08

USC Legal Tech Startup Weekend is being held 7-9 November 2014 at the University of Southern California Gould School of Law in Los Angeles, California, USA.

The event Website is at: http://www.up.co/communities/usa/los-angeles/startup-weekend/4867

The schedule is posted at: http://www.up.co/communities/usa/los-angeles/startup-weekend/4867#event-schedule

Some Twitter hashtags being used for the event are: #legaltech and #legalhack

The Twitter account for the event is @USCLegalTech_SW

Here is a description of the event, from the event Website:

[...] The legal industry is in dire need of innovation and is asking for your help. Come join us Nov. 7-9 for the inaugural USC Legal Tech Startup Weekend hackathon and help us bring the legal industry into the 21st century. Anyone can make an elevator pitch Friday night. The top vote-getting ideas will be hacked into minimally viable products to be presented to a panel of industry experts. Prizes will be awarded (each member of the winning team will get an Amazon Kindle!); friendships will be made; and the legal industry will be forever in your debts. [...]

HT @amyywan


Filed under: Applications, Hackathons, Hacking, Showcases, Technology developments, Technology tools Tagged: #LegalHack, Hacking events, Legal hackathons, Legal hacking events, Legal startups, Legal technology startups, USC Legal Tech Startup Weekend, USC Legal Tech Startup Weekend 2014
Categories: Teknoids Blogs

Four New Titles Enrich the Growing Osgoode Society List

slaw - Fri, 11/07/2014 - 18:22

Over 100 Titles To Be Published by 2015

A milestone is fast approaching for the Osgoode Society for Canadian Legal History.When the Society was founded in 1979, no one could have imagined that so extensive a collection of original research and writing on Canadian legal history would be the result. Bravo to Roy McMurtry and his merry band of authors and editors who have created a body of work that is the envy of the legal publishing world in just over fifty years, and to the university presses and commercial publishers that have supported this venture, including most notably the University of Toronto Press which published three of this year’s four titles.

This year’s offerings demonstrate the scope of its publications including works on the legal system in two provinces, major social issues and a federal law that changed as Canadian society itself was transformed.

The Court of Appeal for Ontario: Defining the Right of Appeal 1792-2013
by Christopher Moore
University of Toronto Press

In Christopher Moore’s lively and engaging history of the Court of Appeal for Ontario, he traces the evolution of one of Canada’s most influential courts from its origins as a branch of the lieutenant governor’s executive council to the post-Charter years of cutting-edge jurisprudence and national influence.

Discussing the issues, personalities, and politics which have shaped Ontario’s highest court, The Court of Appeal for Ontario offers appreciations of key figures in Canada’s legal and political history – including John Beverly Robinson, Oliver Mowat, Bora Laskin, and Bertha Wilson – and a serious examination of what the right of appeal means and how it has been interpreted by Canadians over the last two hundred years. The first comprehensive history of the Ontario Court of Appeal, Moore’s book is the definitive and eminently readable account of the court that has been called everything from a bulwark against tyranny to murderer’s row – U of T Press

Equality Deferred: Sex Discrimination and British Columbia’s Human Rights State, 1953-84
by Dominique Clément
University of British Columbia Press

In Equality Deferred, Dominique Clément traces the history of sex discrimination in Canadian law and the origins of human rights legislation. Focusing on British Columbia – the first jurisdiction to prohibit discrimination on the basis of sex – he documents a variety of absurd, almost unbelievable, acts of discrimination. Drawing on previously undisclosed human rights commission records, Clément explores the rise and fall of what was once the country’s most progressive human rights legal regime and reveals how political divisions and social movements shaped the human rights state. This book is not only a testament to the revolutionary impact of human rights on Canadian law but also a reminder that it takes more than laws to effect transformative social change – UBC Press

Petty Justice: Low Law and the Sessions System in Charlotte Country, New Brunswick, 1785-1867
by Paul Craven
University of Toronto Press

Until the late nineteenth-century, the most common form of local government in rural England and the British Empire was administration by amateur justices of the peace: the sessions system. Petty Justice uses an unusually well-documented example of the colonial sessions system in Loyalist New Brunswick to examine the role of justices of the peace and other front-line low law officials like customs officers and deputy land surveyors in colonial local government – U of T Press

Ruin and Redemption: The Struggle for Canadian Bankruptcy Law, 1867-1919
by Thomas Telfer
University of Toronto Press

In 1880 the federal Parliament of Canada repealed the Insolvent Act of 1875, leaving debtor-creditor matters to be regulated by the provinces. Almost forty years later, Parliament finally passed new bankruptcy legislation, recognizing that what was once considered a moral evil had become a commercial necessity. In Ruin and Redemption, Thomas GW Telfer analyses the ideas, interests, and institutions that shaped the evolution of Canadian bankruptcy law in this era. Examining the vigorous public debates over the idea of bankruptcy, Telfer argues that the law was shaped by conflict over the morality of release from debts and by the divergence of interests between local and distant creditors. Ruin and Redemption is the first full-length study of the origins of Canadian bankruptcy law, thus making it an important contribution to the study of Canada’s commercial law.Using the rich archival resources of Charlotte County, Paul Craven discusses issues such as the impact of commercial rivalries on local administration, the role of low law officials in resolving civil and criminal disputes and keeping the peace, their management of public works, social welfare, and liquor regulation, and the efforts of grand juries, high court judges, colonial governors, and elected governments to supervise them. A concluding chapter explains the demise of the sessions system in Charlotte County in the decade of Confederation – U of T press.

As always, the Society has a continuous need for funding to support its noble mission. Financial support comes in part from the sales of its publications which can be ordered from the Society. As well as this year’s offerings, one can chose from the backlist which offers something of interest for everyone, whether it be murders, biographies, or collections of essays. As Roy McMurtry invariably says at the annual book launch, the holiday season is at hand and a Society publication would make ideal gift.

The Backlist of Titles Published by the Osgoode Society

2013
Memoirs & Reflections by Roy McMurtry
The Massey Murder: A Maid, Her Master and the Trial that Shocked a Nation by Charlotte Gray
Lawyers, Families, and Businesses: The Shaping of a Bay Street Law Firm, Faskens 1863-1963 by C. Ian Kyer
Essays in the History of Canadian Law: Volume XI: Quebec and the Canadas edited by G. Blaine Baker and Donald Fyson

2012
Arming and Disarming: A History of Gun Control in Canada by R. Blake Brown
Property on Trial: Canadian Cases in Context edited by Eric Tucker, James Muir & Bruce Ziff\
Broken Grounds: Criminal Law on the Aboriginal Plains, 1870-1905 by Shelley Gavigan
The African-Canadians Legal Odyssey: Selected Essays edited by Barrington Walker

2011
The Lazier Murder: Prince Edward County, 1884 by Robert J. Sharpe
Lawyers and Legal Culture in British North America: Beamish Murdoch of Halifax by Philip Girard
Dewigged, Bothered and Bewildered: British Colonial Judges on Trial by John McLaren
Westward Bound: Sex, Violence, the Law, and the Making of a Settler Society by Lesley Erickson

2010
Work on Trial: Canadian Labour Law Struggles edited by Judy Fudge and Eric Tucker
A History of the British Columbia Court of Appeal by Christopher Moore
Viscount Haldane:Wicked Stepfather of the Canadian Constitution by Frederick Vaughan
Race on Trial:Black Defendants in Ontario’s Criminal Courts, 1850-1950 by Barrington Walker

2009
Canadian Maverick: The Life and Times of Ivan C. Rand by William Kaplan
A Trying Question: The Jury in Nineteenth Centre Canada by R. Blake Brown
Canadian State Trials, Vol. III, Political Trials and Security Measures, 1840-1914 edited by Barry Wright & Susan Binnie
The Last Day, the Last Hour: The Currie Libel Trial by Robert J. Sharpe (2nd edition- originally published in 1988)

2008
Carnal Crimes: Sexual Assault Law in Canada, 1900-1975 by Constance Backhouse
Essays in the History of Canadian Law, Vol. X: A Tribute to Peter N. Oliver edited by Jim Phillips, R. Roy McMurtry John Saywell
The Law of the Land: The Advent of the Torrens System in Canada by Greg Taylor
The Grand Experiment: Law and Legal Culture in British Settler Societies edited by Hamar Foster, Benjamin Berger, A.R. Buck

2007
The Persons Case: The Origins and Legacy of the Fight for Legal Personhood by Robert J. Sharpe and Patricia McMahon
Misconceptions: Unmarried Motherhood and the Children of Unmarried Parents Act by Lori Chambers
The Alberta Supreme Court at 100: History & Authority edited by Jonathan Swainger
My Life in Crime and Other Academic Adventures by Martin Friedland

2006
Magistrates, Police & People: Everyday Criminal Justice in Quebec and Lower Canada, 1764-1837 by Donald Fyson
The Court of Queen’s Bench of Manitoba 1870- 1950: A Biographical History by Dale Brawn
R.C.B. Risk, A History of Canadian Legal Thought: Collected Essays edited and introduced by G. Blaine Baker and Jim Phillips

2005
Bora Laskin: Bringing Law to Life by Philip Girard
In Search of Justice: An Autobiography by Fred Kaufman
Essays in the History of Canadian Law, Vol. IX, Two Islands: Newfoundland & PEI edited by Christopher English

2004
Osgoode Hall: An Illustrated History by John Honsberger
Aggressive in Pursuit: The Life of Justice Emmett Hall by Frederick Vaughan
The Heiress vs. The Establishment: Mrs. Campbell’s Campaign for Legal Justice by Constance Backhouse and Nancy Backhouse
The Supreme Court of Nova Scotia, 1754-2004; From Imperial Bastion to Provincial Oracle edited by Philip Girard, Jim Phillips & Barry Cahill

2003
Brian Dickson: A Judge’s Journey by Robert Sharpe and Kent Roach
The Conventional Man: The Diaries of Ontario Chief Justice Robert A Harrison, 1856-1878 edited with an introduction by Peter Oliver
John J. Robinette, Peerless Mentor: An Appreciation by George D. Finlayson
Rule of the Admirals: Law, Custom, and Naval Government in Newfoundland, 1699-1832 by Jerry Bannister

2002
The Law Makers: Judicial Power and the Shaping of Canadian Federalism by John T. Saywell
Colonial Justice: Justice, Morality and Crime in the Niagara District, 1791-1849 by David Murray
Canadian State Trials Volume Two: Rebellion and Invasion in the Canadas, 1837-8 edited by F. Murray Greenwood and Barry Wright
Courted and Abandoned: Seduction in Canadian Law byPatrick Brode

2001
Judging Bertha Wilson: Law as Large as Life by Ellen Anderson
Labour Before the Law: Collective Action in Canada, 1900-1945 by Judy Fudge and Eric Tucker
Renegade Lawyer: The Life of J.L. Cohenby Laurel Sefton MacDowell

2000
‘The Thousandth Man’: A Biography of James McGregor Stewart by Barry Cahill
The Spinster and the Prophet: Florence Deeks, H.G. Wells, and the Mystery of the Purloined Past by A.B. McKillop
Uncertain Justice: Canadian Women and Capital Punishment by Beverley Boissery and F. Murray Greenwood
Unforeseen Legacies: Reuben Wells Leonard and the Leonard Foundation Trust by Bruce Ziff.

1999
Colour-Coded: A Legal History of Racism in Canada, 1900-50 by Constance Backhouse
Essays in the History of Canadian Law, Vol. VIII, in Honour of R.C.B. Risk edited by G. Blaine Baker and Jim Phillips
Chief Justice W.R. Jackett: By the Law of the Land by Richard Pound
Fulfilment, Memoirs of a Criminal Court Judge by David Vanek

1998
White Man’s Law: Native People in Nineteenth-Century Canadian Jurisprudence by Sidney Harring
‘Terror to Evil-Doers’: Prisons and Punishments in Nineteenth-Century Ontario by Peter Oliver

1997
‘Race’, Rights and the Law in the Supreme Court of Canada: Historical Case Studies by James W. St.G. Walker
Married Women and Property Law in Victorian Ontario by Lori Chambers
Casual Slaughters and Accidental Judgments: Canadian War Crimes and Prosecutions, 1944-48 by Patrick Brode
The Federal Court of Canada: A History, 1875-1992 by Ian Bushnell

1996
Essays in the History of Canadian Law, Vol. VII, Inside the Law: Canadian Law Firms in Historical Perspective edited by Carol Wilton
Bad Judgment: The Case of Mr. Justice Leo Landreville by William Kaplan
Canadian State Trials, Vol. I, Law, Politics and Security Measures 1608-1837 edited by F. Murray Greenwood and Barry Wright

1995
Just Lawyers: Seven Portraits, David R. Williams Northern Justice: The Memoirs of Mr. Justice William G. Morrow edited by W.H. Morrow
Essays in the History of Canadian Law, Vol. VI, British Columbia and the Yukon edited by Hamar Foster and John McLaren
A Deep Sense of Wrong, The Treason, Trials, and Transportation to New South Wales of Lower Canadian Rebels After the 1838 Rebellion by Beverley Boissery

1994
A Passion for Justice: The Legacy of James Chalmers McRuer by Patrick Boyer
Essays in the History of Canadian Law, Vol. V., Crime and Criminal Justice edited by Jim Phillips, Tina Loo & Susan Lewthwaite
The Life and Times of Arthur Maloney: The Last of the Tribunes, Charles Pulled
The Politics of Codification: The Lower Canadian Civil Code of 1866 by Brian Young

1993
Legacies of Fear: Law and Politics in Quebec in the Era of the French Revolution by F. Murray Greenwood
Policing Canada’s Century: A History of the Canadian Association of Chiefs of Police by Greg Marquis

1992
Speedy Justice: The Tragic Last Voyage of His Majesty’s Vessel Speedy by Brendan O’Brien
Provincial Justice: Upper Canadian Legal Portraits from the Dictionary of Canadian Biography edited by Robert Fraser

1991
Petticoats and Prejudice: Women and Law in Nineteenth-Century Canada by Constance Backhouse

1990
Essays in the History of Canadian Law, Vol. III, Nova Scotia edited by Philip Girard and Jim Phillips
Essays in the History of Canadian Law, Vol. IV, Beyond the Law, Lawyers and Business in Canada 1830-1930 edited by Carol Wilton

1989
The Genesis of the Canadian Criminal Code of 1892 by Desmond Brown
The Odyssey of John Anderson by Patrick Brode

1988
Middleton: The Beloved Judge by John Arnup

1987
The Fiercest Debate: Cecil A. Wright, the Benchers and Legal Education in Ontario,1923-1957 by C. Ian Kyer and Jerome Bickenbach

1986
Mr. Attorney: The Attorney General for Ontario in Court, Cabinet and Legislature, 1791-1899 by Paul Romney
The Case of Valentine Shortis: A True Story of Crime and Politics in Canada by Martin Friedland

1985
The Supreme Court of Canada: History of the Institution by James Snell and Frederick Vaughan

1984
Sir John Beverley Robinson: Bone and Sinew of the Compact by Patrick Brode
Duff, A Life in the Law by David R. Williams

1983
Essays in the History of Canadian Law, Vol. II edited by David H. Flaherty

1982
Cornerstones of Order: Courthouses and Town Halls of Ontario, 1784-1914 by Marion MacRae & Anthony Adamson

1981
Essays in the History of Canadian Law, Vol. I edited by David H. Flaherty

Categories: Teknoids Blogs

My Twitter Digest for 11/06/2014

<CONTENT /> v.5 - Fri, 11/07/2014 - 15:30
Categories: Teknoids Blogs