This March, we reviewed the ruling in the Canada United States Mexico Agreement (CUSMA) challenge of Canada’s Dairy Tariff Rate Quotas (TRQs)[1]. The Panel found that Canada’s practice of reserving 85-100% of dairy TRQs for processors violated Article 3.A.2.11(b) of CUSMA. Citing the principle of “judicial economy,”[2] the panel members left it for the two...Read More

When it comes to intellectual property, the question of integrity more often comes up around the ownership of the work than on the quality of the property itself. Yet in my work on scholarly communication, I have made the case to consider how the concept of intellectual property arose, long before such an idea existed...Read More

On 13 June 2022 the UK government introduced a Bill that will authorize it to unilaterally re-write key terms of the Northern Ireland Protocol (“Protocol“) which is part of the Withdrawal Agreement it made with the EU on Brexit, less than 3 years ago. Although trade intricacies between Northern Ireland and the rest of Britain...Read More

In November 2021, the Child and Youth Law section, the Family Law section, and the Ethics and Professional Responsibility Subcommittee of the Canadian Bar Association (“CBA”) submitted a proposal for two amendments to the Model Code of Professional Conduct to the Federation of Law Societies of Canada. The CBA recommended that the Model Code include...Read More

The next CALL/ACBD webinar will occur on June 28th from 1-2:30pm EST. It will be presented by David Ireland (Associate Professor and Director of Clinics for the Faculty of Law at the University of Manitoba), Freya Kodar (Professor and faculty member Faculty of Law, University of Victoria ), Dr. Laverne Jacobs (Faculty of Law, University...Read More

On March 3, 2022, the Arctic Council became the latest collateral casualty to the Russian invasion in Ukraine. A mere week after Russian troops began invading and bombarding Ukraine, seven members of the Arctic Council (Canada, United States, Norway, Denmark, Sweden and Finland) condemned the belligerent actions of its eighth member, Russia. Their condemnation also...Read More

For many, creating content can seem like an intimidating task. With over 130,000 lawyers in Canada, finding a way to stand out is imperative to building a book of business. Creating content is a tool all lawyers have available to them but very few know how to strategically include content creation in building their profile...Read More

In April, former Alberta Justice Minister Jonathan Denis was found in contempt of court because a letter sent on his behalf threatened to bring an action for defamation against a plaintiff who was in the middle of giving testimony in a civil trial. The plaintiff, Dr. Sauvageau, was Alberta’s top forensic pathologist from 2011-2014, and...Read More

[What follows is an imagined dialogue between a lawyer and a librarian, regarding a fictional loose-leaf publication] Lawyer: I’d like to see what you have in the library on the crime of jabberwock-slaying, please. Librarian (without consulting the catalog): Yes, the seminal treatise on the topic is Carroll on Jabberwocks, shelved under call number… you...Read More

Preventing a mediator-arbitrator from expressing a tentative view of the strength of a party’s position during mediation would have a “chilling effect” on the effectiveness of the mediation-arbitration process. So says the Federal Court of Appeal in a recent labour relations case. It is one of a growing number of cases where courts have recognized...Read More