Verdicts & Voices

For two years, much of the BC legal community has been warning that changes to the regulation of lawyers in that province risk making them answerable to the state rather than their clients. Last week, the BC Supreme Court upheld the changes as constitutional, despite noting the government’s “inability, or failure, to justify overturning 150 years of self-regulation.”

Connor Bildfell is First Vice President of the Canadian Bar Association’s BC Branch. He was part of a team from McCarthy Tétrault that argued against the changes on behalf of the CBA. On this episode, he discusses why the BC court’s recognition of the independence of the bar as an unwritten constitutional principle is an important silver lining.

Verdicts & Voices is a legal current affairs podcast presented by the Canadian Bar Association. With her retinue of expert guests, host Alison Crawford keeps listeners up to date on news, views, and stories about the law and the justice system in Canada.

Notes:

CBA responds to BC Supreme Court decision on Legal Professions Act

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Everyone is supposed to be entitled to their day in court. But how should we weigh that principle against the reality of litigants who misuse court processes, tying up resources and subjecting other parties to harm? What approaches exist to identify vexatious or abusive litigation at an early stage and nip it in the bud? 

Donald Netolitzky, K.C., was complex litigant management counsel for the Alberta Court of King’s Bench. He argues that abusive litigation is often linked to mental health problems, and that letting it proceed unimpeded harms other parties, the courts, and the abusive litigants themselves.

Verdicts & Voices is a legal current affairs podcast presented by the Canadian Bar Association. With her retinue of expert guests, host Alison Crawford keeps listeners up to date on news, views, and stories about the law and the justice system in Canada.

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B.C. Supreme Court Justice David Masuhara may have been the first judge in Canada to encounter AI-generated fake citations. As he wrote at the time, “generative AI is still no substitute for the professional expertise that the justice system requires of lawyers.”

Two years later, the phenomenon certainly hasn’t gone away. So, there could hardly be a better guest for a discussion about the frequency of hallucinated citations, strategies for identifying them, and ways of dealing with lawyers and self-represented litigants who rely on them in court.

Verdicts & Voices is a legal current affairs podcast presented by the Canadian Bar Association. With her retinue of expert guests, host Alison Crawford keeps listeners up to date on news, views, and stories about the law and the justice system in Canada.

Check out these CBA resources designed to help lawyers use AI responsibly: 

AI Academy

AI In Practice

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Canadian law societies require licensed lawyers to be of good character. But what does that mean? How is the requirement enforced? And can a person who sexually abused multiple children, and lied about it for years, still meet this standard?

Nadia Liva practices regulatory and disciplinary defence at Liva Freeman Dent LLP, with additional experience in criminal law. Ben Kates chairs the Regulatory Practice Group at WeirFoulds and previously acted as Discipline Counsel for the Law Society of Ontario.

Verdicts & Voices is a legal current affairs podcast presented by the Canadian Bar Association. With her retinue of expert guests, host Alison Crawford keeps listeners up to date on news, views, and stories about the law and the justice system in Canada.

Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

When Justice Minister Sean Fraser unveiled the federal government's latest bill to reform the criminal justice system last December, he said Bill C-16 would confront the rise in coercive control and intimate partner violence, and “keep kids safe from predators.” 

But will it actually live up to that goal?

The bill includes new mandatory minimum sentences, creates new criminal offences, and increases penalties for sexual crimes. It also seeks to avoid situations where charges get stayed due to excessive delays, but in a way that critics say could make delays even worse. 

For a discussion about the pros and cons of Bill C-16, Alison is joined by Melanie Webb, Chair of the CBA Criminal Justice Section and a criminal trial and appellate lawyer at Webb Barristers; and Simona Jellinek, senior counsel at Gluckstein Lawyers with 30 years of experience representing survivors of childhood abuse and adult assaults.

Verdicts & Voices is a legal current affairs podcast presented by the Canadian Bar Association. With her retinue of expert guests, host Alison Crawford keeps listeners up to date on news, views, and stories about the law and the justice system in Canada.

Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.