Verdicts & Voices

Jordan Furlong is an analyst and forecaster for the legal sector, focused on the most important trends shaping the provision of legal services and the formation and regulation of lawyers. He’s the author of a weekly Substack on a range of critical topics for the legal profession, and of the book Law Is a Buyer’s Market: Building a Client-First Law Firm.

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Yves Faguy catches up again with Nadia Effendi of BLG to brief us on the latest at the Supreme Court of Canada. Effendi is a partner at BLG, based out of Toronto and Ottawa, a member of the CBA’s Federal Courts Bench and Bar Liaison Committee. She is also the chair of BLG's Appellate Advocacy and Public Law Group. Before joining the firm, she served as a law clerk at the Supreme Court of Canada to then-Justice Michel Bastarache.

Effendi discusses the Supreme Court’s latest rulings in Canadian Council for Refugees, Deans Knight, and Hansman v Neufeld, as well as recently granted leaves to appeal in AGC v. Power, Yatar v. TD Insurance, York Region District School Board v. Elementary Teachers’ Federation of Ontario, and City of St. John’s v. Lynch. She also weighs in on who might fill the top court’s seat, left vacant following the departure of Justice Russell Brown, and the legacy of the late former Justice Louis LeBel. 

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Yves Faguy speaks with Justin Safayeni, partner at Stockwoods LLP, about defamation law, anti-SLAPP legislation, and their effects on freedom of expression.

In today's digital age, information has become a powerful tool, capable of spreading rapidly and influencing public opinion like never before. However, this very same power can also be weaponized. Individuals or groups can engage in targeted campaigns of misinformation, and use online platforms to amplify false narratives and defamatory content. And now there's the rapid growth of artificial intelligence and deepfake technology, which presents new challenges in defamation.

Now defamation laws are designed to discourage false claims and, in some circumstances, have proven helpful in combatting disinformation. But taking legal action is lengthy and costly, and it's also possible to use defamation law to shut down speech, and so we must always strike a balance between protecting individuals' reputations and safeguarding freedom of expression. But it's a balance that requires ongoing scrutiny and adaptation to keep pace with the rapidly evolving digital landscape.

To discuss the topic with is, we asked Justin Safayeni to come in as a guest. He is a partner at Stockwoods LLP, and his expertise lies in administrative and public law, media/defamation law, and commercial litigation and appeals. 

Justin has a particular interest in "anti-SLAPP" proceedings, the legal mechanism designed to protect individuals from strategic lawsuits against public participation. He's written and lectured extensively on the topic. He has also represented interveners before the Supreme Court, offering his expertise on the leading cases in this area.

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In 2022, Canada experienced a major milestone as it welcomed over 437,000 immigrants, leading to annual population growth of over one million for the first time in history. The country has set an even more ambitious target of welcoming 500,000 new immigrants yearly by 2025. While there are compelling arguments in favor of accelerating immigration, such as addressing labor shortages and countering an aging population, implementing the plan is no easy feat.

One significant hurdle lies in the fact that Quebec sets its own immigration targets, which happen to be significantly lower than those set by the federal government in Ottawa. 

Moreover, the episode explores the emerging questions surrounding the use of artificial intelligence (AI) in processing the vast number of immigration applicants. As the applicant pool expands, the effectiveness and fairness of AI systems come under scrutiny, raising important ethical considerations.

We also examine the challenges involved in the management of refugees and asylum claims. 

Lisa Middlemiss is a lawyer with Gomberg Dalfen in Montreal. She works on immigration-related matters with an emphasis on temporary residence, Labour Market Impact Assessments and permanent residence issues, such as spousal sponsorships, She also advises on the Quebec Skilled Worker and Express Entry programs. 

She is also the National Chair of CBA Immigration Law Section, and will open the upcoming CBA Immigration Law Conference, to be held in Ottawa from June1 to 3rd.

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L'intelligence artificielle représente une avancée technologique majeure et transformationnelle. Alors que les voix s’élèvent pour réclamer une pause sur l’utilisation de l’IA, le temps de reprendre le contrôle de « ces boîtes noires imprévisibles », les tribunaux administratifs sont en quelque sorte les cobayes de leur emploi dans notre système de justice, au sens large. Mais cela soulève de nombreuses questions. Comment éviter de réduire les décideurs humains à de simples exécutants dans les décisions prises par des algorithmes ? Comment assurer une approche humaine pour l’avenir ? Comment aligner les outils de l’IA à nos valeurs de société ?

Nous abordons ces questions avec notre invitée, Mélanie Raymond, qui est juge administrative depuis une quinzaine d'années, au sein de deux des plus grands tribunaux administratifs du Canada — le Tribunal administratif du travail et la Commission de l'immigration et du statut de réfugié. Elle s’intéresse depuis quelques années aux enjeux entourant l’IA et la justice, et d’ailleurs elle en parlera à titre de conférencière le 8 juin dans le cadre de la Semaine nationale du droit administratif, un événement conjoint du Conseil des tribunaux administratifs canadiens et l’Institut canadien d’administration de la justice.

Vous avez des questions ou souhaitez obtenir plus d’information ? N'hésitez pas à nous contacter à : [email protected] avec le sujet « Balado ».

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To most legal professionals, Guy Pratte doesn't need an introduction. He is a senior counsel at Borden Ladner Gervais LLP, a highly sought-after lawyer with vast experience in commercial litigation, class actions, administrative and constitutional law, and public inquiries. 

He's a veteran of the Supreme Court of Canada, and courts of appeal in Ontario and Quebec, and a fellow of the American College of Trial Lawyers. He is a recipient of the OBA award of Excellence in Civil Litigation and is President of the Canadian Institute for Advanced Legal Studies.

Last year he was named to the Order of Canada, in recognition of his contributions as a lawyer, notably to pro bono work. This year, he was appointed Chairperson of the National Arts Centre's Board of Trustees for a four-year term.  

His latest distinguished title is podcast host — of the series "The Art of Persuasion," available on BLG’s website and the usual platforms, in which Guy Pratte speaks with lawyers, politicians, actors, musicians, fashion designers, and doctors about how to persuade people in their trades. 

https://www.blg.com/en/insights/perspectives/blg-podcast#art-of-persuasion

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Yves Faguy speaks with UNB associate law professor Kerri A. Froc about gender equality rights, the notwithstanding clause and why the Supreme Court’s composition matters.

Kerri is an associate professor at UNB Law, as well as a Trudeau and Vanier Scholar. She has taught courses at Carleton University, Queen’s University and University of Ottawa on feminist legal theory and various aspects of public law, among others.

Before completing her doctorate, she spent 18 years as a lawyer, as a civil litigator in Regina, a staff lawyer for the Women’s Legal Education and Action Fund (LEAF), and a lawyer in law reform at the Canadian Bar Association. 

She is also the co-editor, with Howie Kisclowicz and Richard Moon, of an upcoming collection of writings, “The Surprising Constitution,” being published by UBC press.

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In this episode, Yves Faguy catches up again with Nadia Effendi of BLG to brief us on the latest at the Supreme Court of Canada. Effendi is a partner at BLG, based out of Toronto and Ottawa, a member of the CBA’s Federal Courts Bench and Bar Liaison Committee. She is also the chair of BLG's Appellate Advocacy and Public Law Group. Before joining the firm, she served as a law clerk at the Supreme Court of Canada to then-Justice Michel Bastarache.

Effendi discusses the Supreme Court’s latest rulings in McGregor, Hill and Canada (Transportation Safety Board) v CarrollByrne, recently granted leaves to appeal in Jim Shot Both Sides, Franck Yvan Tayo Tompouba v. K and Earthco Soil Mixtures Inc. v. Pine Valley Enterprises Inc. She also weighs in on the decision to grant leave in five military justice cases. Also discussed are upcoming decisions and rulings, as well as the court’s new electronic filing system and the recent absence of Justice Russell Brown and what it means for the court’s work. 

To contact us (please include in the subject line ''Podcast''): [email protected]

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Yves Faguy speaks with Vancouver lawyer and advocate Rob Laurie about B.C.'s decriminalization pilot and what governments need to do for it to succeed.

We're still in the early stages of a ground-breaking change in drug policy in British Columbia. For the next three years, adults will not be charged for possessing up to 2.5 grams of certain hard drugs for personal use. Those include opioids (fentanyl), cocaine, MDMA, and methamphetamine.

Some people call it a big experiment, in some cases pejoratively. But the War on Drugs was also a grand experiment that was neither based on health science and compassion nor, as some are now arguing in the courts, on human rights considerations.

B.C.'s decriminalization pilot required buy-in from the federal government. In May 2022, the federal health minister granted B.C. an exemption under section 56(1) of the Controlled Drugs and Substances Act (CDSA). 

The sale and trafficking of drugs are still illegal in B.C. and will be subject to criminal prosecution. But the goal of the pilot is to reduce the stigma and harm caused by drug use. Less certain is whether it will succeed in providing those drug users access to the resources they need to overcome addiction. 

Rob Laurie is with us to walk us through the challenges ahead for governments in making the pilot succeed. He's an international lawyer, qualified in England, and called to the British Columbia Bar. He has spent the better part of his career working to reform drug laws – specifically to improve medical patient access to cannabis, psychedelics, and sacred plant medicines so that doctors can provide treatments for anxiety, depression, addiction, and PTSD. He founded his practice, AD LUCEM LAW CORPORATION, in Vancouver in 2013. It focuses on corporate, commercial, and administrative law, as well as licensing, regulatory, and constitutional charter issues concerning medical access to cannabis and psychedelics.

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Notre invitée est Céline Castets-Renard, chercheure régulière au Centre de recherche en droit, technologie et société de l’Université d’Ottawa, et professeure titulaire à la Section de droit civil de la Faculté de droit. Elle est titulaire de la  Chaire de recherche de l’Université sur l’intelligence artificielle responsable à l'échelle mondiale.

Au cours de cette émission, nous abordons les derniers avancements de l’IA – notamment le générateur de texte, ChatGPT 3, récemment livré au monde par la société OpenAI -- et des enjeux éthiques et juridiques quant à l’élaboration de lois et de la règlementation qui régiraient l’IA.

Vous avez des questions ou souhaitez obtenir plus d’information ? N'hésitez pas à nous contacter à : [email protected] avec le sujet « Balado ».

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