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Modern Law - Droit Moderne

Canadian Bar Association

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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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 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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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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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. A…
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In October, CBA National reported on findings from a recent national study, spearheaded by the Federation of Law Societies of Canada and the CBA, that rang the alarm on the wellness of legal professionals. The study shone a light on the heavy toll that daily work takes on legal professionals. The research revealed significantly higher levels of psy…
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Yves Faguy speaks with legal sector analyst Jordan Furlong, author of Law21.ca, about the multiplying disruptions facing the legal profession all at once. With so many overlapping crises happening at once, feeding off one another and contributing to the unraveling of longstanding institutions, how must the legal profession prepare itself for the fu…
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Yves Faguy speaks with economist Robin Shaban, founder of Vivic Research about competition law and why reforms should aim to make it more growth inclusive. Robin Shaban is the co-founder and associate at Vivic research, an economic consultancy for organizations working towards positive social change. They are the co-founder of the Canadian Anti-Mon…
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Episode 15: Supreme Court briefing In this episode, Yves Faguy speaks 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…
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Yves Faguy speaks with law professor Tuma Young, KC, of Cape Breton University about the revitalization of Indigenous legal orders and what it means to braid them into Canada’s contemporary system of laws. Young, who grew up in the traditions of the Eskasoni First Nation, is a researcher and an assistant professor in Indigenous studies and politica…
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Yves Faguy speaks with Karen Eltis of the University of Ottawa about our courts’ modernization efforts and the challenges ahead. Professor Eltis is the contributing editor to the CBA No Turning Back Report, released in February 2021. She is a law professor at the University of Ottawa and specializes in artificial intelligence, innovation law and po…
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Episode 12: Supreme Court briefing In this episode, Yves Faguy speaks 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…
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Yves Faguy speaks with Ontario’s Information and Privacy Commissioner Patricia Kosseim about aligning our values as a society with laws governing privacy fit for the coming age of AI. Patricia Kosseim began her career as a lawyer in Montréal at Heenan Blaikie, practising in health law, privacy law, and civil litigation. She has worked at Genome Can…
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Yves Faguy speaks with Wissam Aoun about our IP laws and their fitness for purpose in the digital era. Aoun is the Acting Associate Dean at Windsor Law. He’s also an assistant professor focusing his research on patent law, professional regulation and governance. He has previously taught copyright law and trademark law. Aoun is also the new co-edito…
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Yves Faguy reçoit Maroussia Lévesque, du centre Berkman Klein à l'Université Harvard, pour discuter de l’effet des technologies numériques sur nos droits et de l’émergence de nouveaux systèmes de gouvernance. « L’idée d’explorer un modèle polycentrique de gouvernance ou de co-gouvernance, c’est comment tirer parti de l’expertise des entreprises pri…
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Yves Faguy speaks with Jennifer Quaid, an associate professor and vice-dean of research in the Civil Law Section at the University of Ottawa, about reforming the Competition Act and making it fit for purpose in a changing digital economy. To contact us (please include in the subject line ''Podcast''): national@cba.org…
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Yves Faguy speaks with Toufic Adlouni, the co-founder and managing director of Renno & Co, a Montreal-based law firm focussed on emerging technology about the metaverse, its legal implications, and the commercial opportunities for law firms. His firm recently opened the first Canadian metaverse law office. To contact us (please include in the subje…
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Yves Faguy speaks with Amanda Chaboryk, the Disputes and Litigation Data Lead at Norton Rose Fulbright’s London office about the evolving use of technology and analytics to support major litigation. Chaboryk is part of NRF Transform, the firm’s global change and innovation programme, and has experience in project management, litigation finance, and…
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Dans cet épisode Yves Faguy reçoit Florian Martin-Bariteau, de l’Université d’Ottawa, pour parler d’une nouvelle technologie qui risque d’avoir des répercussions majeures sur nos données et notre avenir à tous : l’informatique quantique. Florian Martin-Bariteau, LL.D., est professeur agrégé en droit et technologie au sein de la Faculté de droit, Se…
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Yves Faguy speaks with Geoff Costeloe of Lindsey MacCarthy LLP in Vancouver, whose legal practice focuses on estate planning and administration with a focus on digital assets. They discuss how digital assets are very different from traditional ones, why lawyers need to get up to speed quickly, and what regulators can do to prepare for the future. T…
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In this first episode of a new “Modern Law” series, Yves Faguy speaks with Ève Gaumond, an affiliate to Quebec's Observatory on the Societal Impact of AI and Digital Technologies, to find out more on how the law can be used, or not, to fight disinformation. They discuss a range of topics from the role of mainstream media, the perils of computationa…
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