The Every Lawyer is a Canadian Bar Association podcast to help you navigate the rapidly-changing legal world. Take advantage of trends and get the tools you need to advance your career and be the best version of yourself with actionable guidance and practical tips. Also on The Every Lawyer, we discuss social and political subjects important to all in the legal community.
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Counterfactual is a podcast presented by the Canadian Bar Association’s Competition Law and Foreign Investment Review Section. The Counterfactual podcast strives to inform and entertain about topics of interest that lie at the core, intersection or even periphery of competition law and policy.
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Our laws and ethical practices have evolved over centuries. But today, tech is on an exponential curve and is affecting practically everyone—everywhere, pulling society from its roots and reordering the way we live. Amidst these changes, how do we make sure our laws keep pace with the times? Join Yves Faguy of CBA National in conversation with leading legal minds and practitioners exploring this question. -- Nos lois et nos pratiques en matière d'éthique ont évolué au fil des siècles. Mais a ...
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Legislative Reconciliation – Naiomi Metallic on Legislating Indigenous Self-government in Child Welfare
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“Legislative Reconciliation is Governments using legislative powers for good and not bad. The Indian Act, you might say, was the government using its powers for bad, for a very long time.” -Prof. Metallic Professor Naiomi Metallic, divides her time between practice and teaching at Dalhousie University’s Schulich School of Law where she holds the Ch…
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Lost in Promulgation: the trouble with Section 55
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For over 157 years, the Canadian federation has derived its legitimacy from a written constitution made up of 31 documents, the majority of which have no legal force in the French language, among them the foundational Constitution Act of 1867, formerly referred to as the British North America Act. While the Constitution Act of 1982 was written and …
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Highlights of the CBA Competition Law Spring Conference
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In the fourteenth episode of the Counterfactual podcast, we host a follow-on conversation from the recent CBA Competition Law Spring Conference, Old Port – New Tech: Exploring the Future. The conference co-chairs provide the key highlights from the panel discussions (Private Access – A New Frontier in Canadian; A fireside chat with Canada’s AI lead…
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What is it like to fly in, perhaps even get briefly stranded, and then fly back out, all the while sharing some very close quarters with both the judge and opposing counsel? Very collegial. Julia welcomes an ad hoc panel of pan northern practitioners and active CBA members to The Every Lawyer: Leeland Hawkings was born and raised in Whitehorse, whe…
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A2J - Multidisciplinary Service Models
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Overarching themes: lawyers can benefit from multi-disciplinary approaches in various ways, clients seriously benefit from holistic approaches, and that combining these two approaches is really making headway on improving access to justice for vulnerable communities. Hosted by Julia Tétrault-Provencher and featuring: Emily Murray Luke’s Place, lega…
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Dangerous Games: Combating Extremism in the IDM Sector
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In March 2024, the Canadian government issued new guidelines concerning foreign investment review of investments into Canadian interactive digital media companies. In this episode, we dig into the reasons for the government’s concerns with Mariana Olaizola Rosenblat, the author of the recent report “Gaming the System, How Extremists Exploit Gaming …
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There are many reasons for lawyers and litigators to consider mediation as a career move. And there are born mediators who may not have a professional legal background at all. Our goal in this episode is twofold: to make the case for mediation as a viable alternative to our over-burdened court system and to explore the role mediation plays in peace…
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Even More Double Jeopardy? Intersection of Competition Act and Sector Specific Merger Reviews: Financial Services, Telecom and Transportation
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In this episode of the Counterfactual podcast, we host a follow-on conversation from the recent CBA Mergers Committee Brownbag session on sector-specific merger reviews (for the transportation, financial services, and telecom industries) that take place in parallel to the Competition Act merger review process. The panelists (from government, privat…
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Actionable guidance on EDI in the face of a growing backlash – Charlene Theodore and Nikki Gershbain
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Julia welcomes two of Canada’s top experts on EDI in the legal workplace: McCarthy-Tetrault’s current and former Chief Inclusion Officers, Charlene Theodore and Nikki Gershbain. Before moving to McCarthy-Tetrault, Charlene Thedore worked as in-house council in the education sector and, in 2020, she was the first black person to become President of …
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All Rise for the Adam F. Fanaki Competition Law Moot
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What makes the Adam F. Fanaki Competition Law Moot so special? Host Charles Tingley speaks with moot organizers Katherine Rydel and Majid Charania to learn more about Canada’s premier competition law event for aspiring jurists. Find out what makes the Fanaki Moot tick and why law students, judges, enforcement officials and private practitioners are…
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Nadia Effendi joins us again to review the output of the Supreme Court last year, shares her thoughts regarding Chief Justice Richard Wagner’s recent comments about the high number of judicial vacancies as well as comments about restricting interveners to virtual appearance. We discuss some recent judgments rendered (Commission scolaire francophone…
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Remaining Vigilant - barbara findlay KC and Douglas Elliott
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Trail-blazing penny droppers. Julia welcomes two iconic figures from within the CBA and the legal profession: barbara findlay KC and Douglas Elliott. Gay lawyers from when there were no gay lawyers. They co-founded SOGIC, now SAGDA, and are partly responsible for many of the rights the 2SLGBTQIA+ community has achieved over the last forty years. To…
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Finding the Needle in the Haystack: Exploring eDiscovery in the Regulatory Context
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Join us for an exciting dive into the world of regulatory eDiscovery. In this episode of the Counterfactual podcast, we unpack key questions, including where to look for documents, how best to collect them, and how to choose the right technology for your review. Nyah King and Eric Robinson of KLDiscovery, two experts in the field, share their insig…
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Episode 36: Dr. Anton Korynevych on the effort to create a Special Tribunal on Crimes of Aggression Against Ukraine.
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As Russia’s full-scale invasion of Ukraine hits the two-year mark – 10 years since the invasion of the Crimean Peninsula – the situation is dire. The ground battle had become mostly deadlocked until Ukrainians retreated earlier this month from the town of Avdiivka. Support from Western democracies has been skittish of late. Republicans in the U.S. …
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Episode 35: Justice Minister Arif Virani on criminal law reform, expanding MAiD and the state of our courts
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Our guest today is Arif Virani, the Minister of Justice and Attorney General of Canada who has kindly agreed to share with our listeners the status of several pressing issues. We discuss criminal justice reform, the recent pause on the expansion of medical assistance in dying and plans to introduce online harms legislation. He also addresses judici…
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Episode 34: Amanda Chaboryk and Alex Hawley on how to use AI in a legal practice
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In the field of law, there are several crucial areas where generative AI demonstrates considerable promise – namely in the efficiencies it can create in contract generation, document review, legal research, and predictive analytics. So it’s expected to become an indispensable productivity tool across the legal profession The question then arises: h…
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Collateral Consequences of Criminal Convictions
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Criminal defense attorneys Tony Paisana and Tyler Schnare from the CBA Criminal Justice Section geek out with Julia about the recently updated CBA Collateral Consequences Toolkit. For clients, it presents a comprehensive overview in fairly plain language about the fall-out of a criminal conviction. For lawyers, to quote Tony, "there are serious con…
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Cleanup in Aisle 4: Canada Tackles the Grocery Industry
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This episode focuses on current hot topics relating to Canada’s grocery sector and intersections with competition law, with a focus on rising food prices. Dr. Charlebois provides insights into food price forecasting and its challenges, food inflation trends, the affordability of groceries and whether Canada’s large grocery chains have engaged in pr…
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Episode 33: Woodrow Hartzog on the dangers of regulating AI with half measures
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We've been talking a lot about AI on the podcast and on CBA National, and one of the issues that keeps coming up is the challenge for a country like Canada in selecting the right approach to regulating AI risk. It's not as if there's a single model out there. The EU is trying to set the gold standard for the world, much as it did with its GDPR priv…
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Episode 32: Dr. Carys Craig on generative AI and the dangers of the copyright trap
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One of the significant controversies about AI is the impact of generative software on the use and production of cultural works. The fast-growing popularity of these tools raises big questions about the ethics of AI-generated works and whether they amount to a technologically advanced form of plagiarism. Lawsuits have been popping up around the worl…
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Touchstones 30th Anniversary - Ep.4: The Next 30 Years
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A discussion about what is actually behind the words, equity, diversity and inclusion. Our final episode with original CBA Task Force on Gender Equality members, Justice Sophie Bourque, Patricia Blocksom, Daphne Dumont and principal author Melina Buckley and a diverse cross-section of women lawyers working in the profession today on how much progre…
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Touchstones 30th Anniversary - Ep.3: Intersectionality
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How the Bertha Wilson Task Force took an intersectional approach to their work on gender equality at a time when the phrase intersectionality was still an obscure legal term that had only recently been coined. This Episode begins with a compilation of lived experiences of junior, senior, and anywhere in-between, women lawyers from all walks of life…
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Touchstones 30th Anniversary - Ep.2: Speaking Truth to Power
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To quote Patricia Blocksom: “Equality is a robust concept but a fragile reality.” Fortunately lawyers are good at remaining constantly vigilant and feminism is nothing to be afraid of, quite the opposite: by the end of this our second episode on the Touchstones Report, you will be very grateful you have chosen to let these wonderful women, these wo…
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Touchstones 30th Anniversary - Ep.1: The Bertha Wilson Task Force
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On the occasion of the 30th anniversary of the release of the CBA report, Touchstones for Change, Equality, Diversity and Accountability, we listen in on a kitchen table discussion between 3 of the original task force members, Daphne Dumont, Patricia Blocksom, and Sophie Bourque, and the lead author of the report, Melina Buckley. We get the histori…
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Mary Moreau of Alberta has been tapped to fill the vacancy left by Russel Brown on the Supreme Court. Nadia Effendi gives us some background on Justice Moreau and what her nomination means. Effendi also discusses the Supreme Court’s latest rulings in the IAA reference, Mason v. Canada (Citizenship and Immigration), La Presse inc. v. Quebec, as well…
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Episode 30: Benjamin Perrin puts Canada’s criminal justice system on trial
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If you think that description of our criminal justice system is a bit harsh, well, you should read the latest book by our guest today. Benjamin Perrin is a law professor at the UBC's Allard School of Law. He has served in the Prime Minister of Canada's Office as in-house legal counsel and lead policy advisor on criminal justice and public safety. H…
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Best of CBA Podcasts on Mental Health in the Legal Profession
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Excerpts from our CBA Podcasts cross channel series on Mental Health in the Legal Profession. With Glen Hickerson from the CBA well-being subcommittee, former Chief Justice of Ontario George Strathy, Sania Chaudhry, Yves Faguy, editor of the CBA National Magazine, Jason Ward, former CBA President, Stephen Rothstein, the Hon. Justice Mahmud Jamal, t…
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In anticipation of our forthcoming mini-series marking the 30th anniversary of the Touchstones Report, celebrating what has been achieved in the last three decades while remaining vigilant and tenacious in the pursuit of true equity, diversity, and inclusion in the legal profession, here is Julia's complete conversation with OBA President Kelly McD…
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Episode 29: Kristen van de Biezenbos on Canada’s complicated path to decarbonization
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Kristen van de Biezenbos, a law professor at California Western, teaches environmental, energy and climate change law and has written extensively about energy justice and electricity regulation. Her research has also brought her to Canada – she taught for several years at the University of Calgary, where she focused on Canada’s energy transmission …
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The Judge and the Clerk - An Inside Look at the Canadian Competition Tribunal
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Join us for a special double-episode to kick-off the second season of the Counterfactual Podcast! We go behind the scenes with Canadian Competition Tribunal Chair, Justice Andrew D. Little, and his recent law clerk, Umang Khandelwal. The discussion covers the waterfront from Competition Tribunal practice and priorities to the future of competition …
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Safeguarding the rule of law and the legal profession. Julia Tetrault-Provencher welcomes John Stefaniuk K.C. The CBA President speaks about growing up in Manitoba, the war in Ukraine, his long association with the CBA, and its role in safeguarding the rule of law both at home and abroad. Their discussion also touches on the role the CBA can, and d…
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The Violence Link in Practice *Content warning: This episode discusses serious and potentially triggering subjects, including family violence and animal abuse, as well as the recounting of real-life events. A new Report prepared for Humane Canada with funding from the Department of Justice Canada, The Violence Link in Practice is an empirical analy…
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Episode 28: Jordan Furlong discusses what generative AI means for the profession
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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 …
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SAGDA - The Sexual and Gender Diversity Alliance, formerly known as SOGIC. We learn a bit about the history of SOGIC: (spoiler alert, it started out as a very well protected email list) and a bit about the everyday business of SAGDA: (spoiler alert: you will be encouraged to join!). From being a good ally to mentorship to opportunity, this episode …
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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 serve…
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Episode 26: Defamation law in the age of (mis)information
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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 weaponiz…
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Legal coaching as a practical approach to Canada’s Access to Justice Crisis. Marcus Sixta is the founder of Crossroads Law, a well-established firm specializing in family law with offices in Calgary and Vancouver and a 2023 excellence awardee for Canadian family law firm of the year, and more recently, he founded Coach My Case, which offers legal c…
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In this episode of the Every Lawyer we discuss restricting the use of NDAs in Canada’s legal system. Joining Julia for this timely discussion are: Jo-Anne Stark is a lawyer and Certified Legal Coach and operates Stark Solutions Legal Coaching and Consulting which offers virtual help to self-represented litigants and training to lawyers who want to …
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Leadership Lawyers - Tom Ullyett and Jordan Brown
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The CBA as a pathway to a career in politics? Absolutely. With applications to join a CBA national section executive closing at the end of this month, Julia welcomes two long-time CBA-ers, Jordan Brown and Tom Ullyett, who have pursued careers in politics. Tom served as Deputy Minister in the Yukon to six ministers from two political parties over t…
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Important Developments Regarding the National Security Review Powers of the Investment Canada Act: In Conversation with Phil Harwood
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In the fourth quarter of 2022, Canada’s federal government proposed significant amendments to the Investment Canada Act’s national security review powers, including mandatory pre-closing notification for some control and non-control level acquisitions, implemented a new critical minerals policy, ordered three Chinese companies to divest critical mi…
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Episode 25: Lisa Middlemiss on Canada’s ambitious immigration target
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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, …
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Épisode 24: La prise de décision automatisée en droit administratif
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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…
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Environmental Claims: In Conversation with Julien Beaulieu
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In our sixth episode of the podcast, Julien Beaulieu, Lecturer in Law at the University of Sherbrooke, drops in to discuss environmental claims, greenwashing, green hushing, net zero pledges, and much more. Julien shares his insights into the legal regimes that apply to greenwashing, regulatory and compliance challenges regarding environmental clai…
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Episode 23: Guy Pratte and the Art of Persuasion
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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 Onta…
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Episode 22: The Charter’s strange history with gender equality rights
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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 …
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In Conversation with the Bureau’s Director of Compliance
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In our fifth episode of the podcast, Majid Charania, Director of Compliance with the Competition Bureau of Canada, drops in to discuss the Bureau's revamped compliance program guidance with Counterfactual host, Julia Potter. Majid shares useful insights on the impetus for the updated guidance, the key changes from the 2015 edition, the value of com…
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Indigenous Peoples and the Criminal Legal System - Jennifer David & Andrea Menard
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The Path - Your Journey Through Indigenous Canada. Module 6: Indigenous Peoples in the Criminal Legal System. Jennifer David is a senior consultant and leads an area of service called Truth and Reconciliation at NVision Insight Group, a majority Indigenous-owned company with First Nations, Inuit, Metis and non-Indigenous shareholders and staff. Fro…
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Garde Préventive - Tory Hibbitt & Dr. Vanessa Cardy MD
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Case law on the Every Lawyer. Julia welcomes Tory Hibbitt, past chair of the CBA's Health Law Section and Dr. Vanessa Cardy MD, to discuss Garde Préventive and recent changes to Alberta's Mental Health Act.By Julia Tétrault-Provencher, Dr. Vanessa Cardy MD, Tory Hibbitt
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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 th…
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Episode 20: It’ll take more than hard drug decriminalization to beat the overdose crisis
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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 dr…
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