The Law School Show

11
Aug

215. Sullivan, Chan, and Brown: Striking Down Section 33.1 of the Criminal Code and What Comes Next

Hosts Hailey Berge and Kelley Humber are joined by uOttawa Law Professor, Carissima Mathen, to discuss the implications of the recent May 13, 2022 Supreme Court of Canada decisions which struck down section 33.1 of the Criminal Code, declaring it to be unconstitutional. As Professor Mathen explains, even though Parliament had good intention to protect victims of crime with this provision, it ultimately resulted in violations of section 7 and 11(d) of the Charter of Rights and Freedoms that could not be justified. Even so, this unanimous 9-0 ruling resulted in a lot of public scrutiny and has left many of us wondering what it means and how the public will be affected.  

We also discuss different ways that the intention of section 33.1 to protect vulnerable groups from violence can still be met in the future, specifically through new constitutionally compliant legislation. Ultimately, the ball is in Parliament’s court now. 

Note: since recording, Federal Justice Minister David Lametti has proposed a single-provision bill, Bill C-28, to address the gap that was left by section 33.1 being struck down. This amendment to the Criminal Code would mean that “an individual would be held responsible for the violence they commit while in a state of extreme intoxication if they ended up in that state through their own criminal negligence.” (Ottawa proposes narrower self-induced extreme intoxication defence to violence to ‘fill legal gap’, Cristin Schmitz, 

Ottawa proposes narrower self-induced extreme intoxication defence to violence to ‘fill legal gap’ - The Lawyer's Daily (thelawyersdaily.ca)). 

If you reach the end of the episode and still want to know more, check out the below resources: 

Plaxton, Michael, and Carissima Mathen. “What’s Right With Section 33.1” (2021), 25 Can. Crim. L.R. 255

28
Jul

214. Technology and Labour: Algorithmic Management, Platform Economy and the Law (with Prof. Valerio De Stefano)

In this episode, Host Ali Mesbahian talks to Professor Valerio De Stefano from Osgoode Hall Law School about the intrusions of modern information technology on our work and personal lives. What is algorithmic management and how pervasive is it? What are some of the technologies that are used for surveillance in the workplace and how do we combat them? How do companies in the “platform economy” like Uber and Lyft escape employment and labour regulation? Concerns are fleshed out, myths are debunked and solutions are explored — stay tuned for this fascinating discussion!

21
Jul

213. Collaborative Law and Early Family Dispute Resolution (with Charmaine Panko)

On this episode of The Law School Show, host Abbey Shields sits down with Charmaine Panko, collaborative lawyer, mediator, and founder of Panko Collaborative Law & Mediation. They discuss Charmaine’s path to practicing family law, her approach to collaborative law, and recent legislative changes in Saskatchewan mandating early family dispute resolution in certain family law proceedings.

14
Jul

212. From the Courtroom to the Commons (with Professor Allan Rock)

Lawyers help create, interpret, and apply the laws that govern our societies and daily lives. That is why, it is no surprise that so many lawyers find a calling to public service at some point in their careers. In this edition of the Law School show, our host Faaris Hussain sits down with Allan Rock, former Attorney General of Canada and current Professor/President Emeritus at the University of Ottawa - to speak about setting aside the life of traditional practice to pursue the responsibilities of public office. Professor Rock explains this career choice that lawyers make, its cost and benefits, the opportunities it provides, and how lawyers/law students can help inform a decision about whether this career choice is for them.

7
Jul

211. Justice: The Honourable Marshall Rothstein on His Journey from the Dining Car to the Supreme Court of Canada

Join Amos Vang on this special episode as he interviews The Honourable Marshall Rothstein, former Puisne Justice of the Supreme Court of Canada!

            It is commonly known that being a Supreme Court justice is difficult.  However, what is not commonly known is one’s life and path towards becoming a Supreme Court justice.  Justice Rothstein reminisces about his journey from working extremely long hours as a waiter and a pantryman on a dining car, to law school, to his early legal practice, and to his experiences as a Supreme Court justice.  Justice Rothstein also discusses the importance of civility and the art of civil disagreement, which are important skills in judging, in the legal practice, and in daily life.

            This episode is also available to view on our YouTube channel.  You do not want to miss this episode.

Intro and Outro music by: Scott Buckley – Race the Sun

https://www.scottbuckley.com.au

30
Jun

210. Looking Back on Our Very Interesting 2L Year (with Laurie St-Pierre and Véronique Mortimer)

In this episode hosted by Bianca Morello, we speak with two second-year law students. We touch on OCIs, as all three of us had very different paths and OCI outcomes. We also talk about our study habits, the importance of grades, the importance of friendships, and the difficulties of online school.

23
Jun

209. Law, Tech and Virtual Practice (with Dustin Moores)

In this episode, Nick Kruiper sits down with Dustin Moores, a lawyer at Nnovation LLP. Nnovation is an Ontario law firm that is completely virtual. Nick and Dustin discuss Nnovation’s unique business model, as well as Canada’s shift toward a virtual legal world. They also discuss the Law and Technology Option for uOttawa students. As a graduate of the law program, Dustin completed the Law and Tech Option at uOttawa. Dustin shares his experience with the Option, and his advice for future students that are considering it.

To learn more, check out Nnovation's website: https://nnovation.com/ 

16
Jun

208. Law, Tech and Potential (with Matt Scrivens)

Since the start of the pandemic, a lot of people have been considering the what, where, and why of legal work. Calgary-based startup Goodlawyer takes on these concerns by connecting lawyers with clients over an online platform. Matt Scrivens, Goodlawyer's Head of Legal Experience and the host of the Goodlawyer podcast (https://www.goodlawyer.ca/podcast), joined Jake Clark for a discussion about decentralization vs. centralization, what we can learn from blockchain, and how past practice models may provide guidance for the future. 

8
Jun

207. Ombuds Institutions and Their Role in Protecting Human Rights (with Prof. Linda Reif)

In this episode, our host Prabhjot Punnia sits down with Professor Linda Reif to discuss the role and mandates of ombuds institutions. Professor Reif has published extensively on national human rights institutions, ombuds institutions, children’s rights institutions, international human rights law, international trade law and international business law.  Her work is widely cited and includes Ombuds Institutions, Good Governance and the International Human Rights System (Brill/Nijhoff, 2d revised edition, 2020), co-authorship of Kindred’s International Law: Chiefly as Interpreted and Applied in Canada (Emond, 9th edition, 2019), and numerous book chapters and law review articles, including in the Harvard Human Rights Journal and Human Rights Law Review.

2
Jun

206. An Entrepreneurial Journey of Sustainable Fitness for Lawyers (with Thomas Galloway)

This episode takes a unique turn as Ocean shares the mic with a guest from outside Canada: Thomas Galloway. Thomas obtained his law degree from the University of Denver before joining the law toolbox - a cloud-based deadline management system. Thomas is also the founder of sustainable fitness, a company focused on offering fitness coaching to attorneys, business execs, and other professionals. Tune in to learn about sustainable fitness and lifestyle choices, entrepreneurial insights, and the intriguing differences between the law school experience in Denver vs Ontario.   

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