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14 Mar 2024Episode 37: Supreme court briefing00:46:25

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 des Territoires du Nord-Ouest, Ontario (Attorney General) v. Ontario (Information and Privacy Commissioner) and the Reference re An Act respecting First Nations). She also weighs in on cases to watch that were recently granted leave, including AGO v. Working Families Coalition, a rare section 3 Charter case, and Sanis Health, which deals with the BC law that allows recovery of health-care costs from opioid providers.

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.

To contact us (please include in the subject line ''Podcast''): national@cba.org.

22 Dec 2022Episode 17: Everything, everywhere all at once: Challenges for the legal profession ahead01:06:41

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 future? 

That’s the starting point of a conversation with returning guest Jordan Furlong. Many listeners are familiar with Jordan, a former editor-in-chief of CBA National, and now a legal sector analyst based in Ottawa. His work now focuses on change in the legal industry, legal regulation and lawyer formation. He is also the author of the Law21.ca blog, and the book Law Is a Buyer’s Market: Building a Client-First Law Firm. 

We discuss various topics, including the national implications of reregulating the legal profession in BC and the impact of generative AI tools on legal practice. We also dug into how the profession needs to rethink lawyer formation, talent retention and a growing mental health crisis that demands urgent action. Jordan also explains why he plans on staying busy on Twitter, and why the platform remains an important forum for lawyers.

 

Jordan Furlong is a legal sector analyst based in Ottawa, former editor-in chief of CBA National, whose work focuses on change in the legal industry, legal regulation and lawyer formation.  He is also the author of the Law21.ca blog, and the book Law Is a Buyer’s Market: Building a Client-First Law Firm.

 

To contact us (please include in the subject line ''Podcast''): national@cba.org

 

23 Feb 2023Episode 21: Supreme court briefing00:37:47

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''): national@cba.org

 

 

25 Nov 2022Episode 15: Supreme court briefing00:23:52

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 Group. Before joining the firm, she served as a law clerk at the Supreme Court of Canada to then-Justice Michel Bastarache.

 

To contact us (please include in the subject line ''Podcast''): national@cba.org

16 Dec 2021Episode 4: How technology could reshape litigation00:40:22

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 data science. 

To contact us (please include in the subject line ''Podcast''): national@cba.org

05 Oct 2023Episode 29: Kristen van de Biezenbos on Canada’s complicated path to decarbonization00:53:44

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 policy. She continues to serve as an expert on the mitigation panel for the Canadian Climate Institute, which advises the federal government on climate change.

 

To contact us (please include in the subject line ''Podcast''): national@cba.org

04 May 2023Épisode 24: La prise de décision automatisée en droit administratif00:48:23

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 : podcasts@cba.org avec le sujet « Balado ».

 

03 Mar 2022Episode 6: Competition law and the digital economy01:06:00

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

09 Jun 2022Episode 10: Our Property Rights, Digital Jail, and the Charter00:45:42

Yves Faguy speaks with Malcolm Lavoie of the University of Alberta and an associate counsel at Miller Thomson about our property rights in an increasingly cashless and digital economy.

 

To contact us (please include in the subject line ''Podcast''): national@cba.org

22 Sep 2021Episode 1: Fighting disinformation by legal means00:38:03

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 computational propaganda and legislative efforts to tackle disinformation as well as online hate.

To contact us (please include in the subject line ''Podcast''): national@cba.org

 

08 Sep 2022Episode 11: Designing a privacy regime for the age of AI00:50:37

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 Canada and the Canadian Institutes of Health Research, where she developed national strategies for addressing legal, ethical and social implications of science and technology. She also served over a decade as Senior General Counsel at the Office of the Privacy Commissioner of Canada (OPC), and has advised Parliament on privacy implications of legislative bills.

 

Before appointment to lead the IPC in Ontario, she was counsel at Oslers in privacy and data management.

 

She is also host of the Info Matters podcast, about people privacy and access to information.  It is available to listen on Apple podcasts, Spotify, Google podcasts or on the IPC website at: www.ipc.on.ca.  

 

To contact us (please include in the subject line ''Podcast''): national@cba.org

 

30 Oct 2023Episode 31: Supreme court briefing00:33:18

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 as upcoming hearings in AGC v. Power, Yatar v. TD Insurance, and Attorney General of Ontario, et al. v. Mike Restoule. She also weighs in on the SCC’s decision to produce plain-language summaries of oral decisions.

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.

To contact us (please include in the subject line ''Podcast''): national@cba.org

30 Jan 2025Verdicts and Voices: The notwithstanding clause, Gold Seal v. Alberta and a conversation with Chief Justice Richard Wagner00:49:51

Modern Law: Verdicts and Voices is a monthly podcast in which we unpack key legal stories and celebrate the 150th anniversary of the Supreme Court of Canada. This special series delves into legal news, landmark cases and features expert guests who provide unique insights into Canada’s justice system.

In this episode, host Alison Crawford welcomes Marion Sandilands, a practicing lawyer, part-time law professor and member of the CBA’s Working Group on the Notwithstanding Clause, and Geoffrey Sigalet, director of the UBC Centre for Constitutional Law and Legal Studies, for a lively discussion on the notwithstanding clause and how provincial premiers are using it.

In an exclusive interview with Supreme Court Chief Justice Richard Wagner about the court’s milestone 150th anniversary, he explains how the court has started to explore the possibility of offering judicial mediation to expand access to justice.

With Ryan Manucha, research fellow at the C.D. Howe Institute and expert on interprovincial trade in Canada, we take a good look at Gold Seal Ltd. v. Alberta, a prohibition-era judgment that, even 100 years later, continues to affect interprovincial trade.

16 Feb 2023Episode 20: It’ll take more than hard drug decriminalization to beat the overdose crisis01:02:26

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.

To contact us (please include in the subject line "Podcast"): national@cba.org

10 Nov 2022Episode 14: Reviving Indigenous law as a source of Canadian law00:54:44

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 political science at Cape Breton University (CBU). He also served as the Nova Scotia Barrister’s Society’s first Indigenous president in 2021-2022.

 

His research primarily focuses on the analysis of L’nu worldview – L’nu being the term the Mi'kmaq use to describe themselves –  traditional concepts of governance, and how they can be used in contemporary legal institutions.

 

To contact us (please include in the subject line ''Podcast''): national@cba.org

13 Oct 2022Episode 13: Transforming our courts using technology00:51:46

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 policy, and cybersecurity. She is also the author of Courts, Litigants and the Digital Age.

To contact us (please include in the subject line ''Podcast''): national@cba.org

14 Apr 2022Episode 8: Technology and the Charter’s future00:47:42

Yves Faguy speaks with Lex Gill of the Citizen Lab and a lawyer at Trudel Johnston & Lespérance in Montreal about how emerging technologies are  making us rethink our protections under the Charter.

To contact us (please include in the subject line ''Podcast''): national@cba.org

21 Oct 2021Episode 2: The perils of lawyers handling digital assets00:52:12

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.

To contact us (please include in the subject line ''Podcast''): national@cba.org

25 Nov 2021Épisode 3: Comment se préparer pour l’ère de l’informatique quantique00:49:41

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, Section de common law et directeur du Centre de recherche en droit, technologie et société de l’Université d’Ottawa. Développeur et créatif devenu juriste, ses recherches portent sur le droit, l’éthique et les politiques des technologies, avec un intérêt particulier pour les chaînes de blocs, l’intelligence artificielle, la cybersécurité, les lanceurs d’alerte et les droits intellectuels.

Pour lire le guide écrit par Florian Martin-Bariteau et Amy Salyzyn : La déontologie du droit dans un contexte numérique

Vous avez des questions ou souhaitez obtenir plus d’information? N'hésitez pas à nous contacter à: podcasts@cba.org avec le sujet "Balado".

24 Mar 2022Épisode 7: Gouvernance et protection de nos droits à l’ère numérique00:54:14

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 privées sans abdiquer les responsabilités publiques », explique Maroussia Lévesque qui nous parle des effets des technologies numériques sur nos droits, et des nombreux défis que représente la transition vers un système polycentrique de gouvernance.

Maroussia est aussi membre du groupe de travail sur l’IA et les protocoles autochtones. Vous pouvez la suivre sur Twitter @ultrasmoooth.

Vous avez des questions ou souhaitez obtenir plus d’information? N'hésitez pas à nous contacter à: podcasts@cba.org avec le sujet "Balado".

14 Feb 2023Épisode 19: Comment la loi peut contrer les risques de l’intelligence artificielle00:47:32

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 : podcasts@cba.org avec le sujet « Balado ».

27 Jan 2022Episode 5: Law’s place in the metaverse00:57:50

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 subject line ''Podcast''): national@cba.org

25 Jan 2024Episode 34: Amanda Chaboryk and Alex Hawley on how to use AI in a legal practice00:47:26

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: how can this technology be effectively integrated into a legal practice or department?

 

Amanda Chaboryk joins us for the second time on the show. She’s the Head of Legal Data and Systems within Operate at PricewaterhouseCoopers in London. Having started  her career in legal project management, she now focuses on the operational delivery of complex managed legal programs and helps clients navigate emerging technologies. We're also joined by Alex Hawley, an ESG regulatory solicitor for PwC in London. Having started her career as a commercial litigator, she now collaborates with clients new ESG developments and helps them incorporate emerging technologies, including Generative AI.

 

Last year, PwC announced an exclusive partnership with the legal startup Harvey, a platform built on AI technology from OpenAI. 

05 Apr 2023Episode 22: The Charter’s strange history with gender equality rights00:57:50

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.

 

To contact us (please include in the subject line ''Podcast''): national@cba.org

12 Jan 2023Episode 18: A personal story about alcohol and substance abuse in the legal profession00:54:56

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 psychological distress among legal professionals than experienced by the Canadian working population (57.5% compared to 40%) and similarly higher levels of anxiety (35.7%, compared to 13%). It also showed that alcohol and drug use among legal professionals has reached worrying levels. According to the study, the proportion of men with risky drinking behaviour increases from roughly 27% to 34 % between five and ten years of practice. For women, the figures run from 18% to 24% in the first five years.

 

But let's not forget that behind the number are real people. It's why I'm so appreciative to have had the opportunity to speak with Jason Ward – a well-known and highly-regarded litigator from Lindsay, Ontario, who has recently retired from the practice of law. Jason started his career as a Bay Street commercial litigator before deciding, with his wife, to launch their firm in 2003. Over the following couple of decades, they grew Wards PC into a thriving midsize law firm. Then, in his early- to mid-forties, when discovered that alcohol and drugs gave him an escape from all the demands of running a practice and building his firm's brand.

 

Please take the time to listen to Jason Ward's story. The legal profession needs to have these conversations, as unsettling as they are, if we want mental health outcomes to start moving in the right direction.

 

To contact us (please include in the subject line ''Podcast''): national@cba.org

 

26 Oct 2023Episode 30: Benjamin Perrin puts Canada’s criminal justice system on trial01:13:26

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.

 

He's also the national best-selling author of Overdose: Heartbreak and Hope in Canada's Opioid Crisis, and before that Invisible Chains: Canada's Underground World of Human Trafficking.

 

His latest work is Indictment: The Criminal Justice System on Trial – a deep dive into a system that, in theory at least, is supposed to help keep Canadians safe while supporting victims of crime. 

 

We talk a lot about victims in this conversation – and offenders, too – and their struggles. Please keep an open mind as you hear this conversation. And a content warning: There is sensitive material covered in this episode that touches upon substance abuse, police brutality and a lot of discussion around trauma.

Benjamin Perrin - Criminal Justice, Overdose

 

Podcast — Myrna McCallum

 

https://indictment.simplecast.com/

 

https://johnhoward.on.ca/research-topic/incarceration-health/

 

To contact us (please include in the subject line ''Podcast''): national@cba.org

 

 

 

27 Feb 2025Verdicts and Voices: The use of AI at the Federal Court, the tort of family violence, and R v. Drybones00:46:43

Modern Law: Verdicts and Voices is a monthly podcast in which we unpack key legal stories and celebrate the 150th anniversary of the Supreme Court of Canada. This special series delves into legal news, landmark cases and features expert guests who provide unique insights into Canada’s justice system.

In this episode, host Alison Crawford welcomes Federal Court of Canada Chief Justice Paul Crampton, who explains how the court is swamped with an unprecedented number of cases and how virtually no one is declaring the use of AI in their filings.

We talk with two family law experts, Shelley Hounsell, K.C. from Pressé Mason and Vanessa Lam from Lam Family Law, about the recent Supreme Court hearing into the proposed new tort of family violence.

We also dive into R v. Drybones, the first case the Supreme Court decided under the 1960 Canadian Bill of Rights. Alison Crawford take a look at this landmark 1969 case and its impacts with Naiomi Metallic, a Mi'kmaq lawyer who teaches law at Dalhousie University, and Brian Purdy, the lawyer who represented the appellant, Michael Drybones.

If you have any comments on this episode, or if you would like to send us any story ideas, you can write to us at podcasts@cba.org.

30 Jun 2023Episode 27: Supreme court briefing00:31:51

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. 

To contact us (please include in the subject line ''Podcast''): national@cba.org

 

22 Feb 2024Episode 36: Dr. Anton Korynevych on the effort to create a Special Tribunal on Crimes of Aggression Against Ukraine.00:51:14

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. Congress have stalled sixty billion U.S. dollars' worth of defense aid for Ukraine. Still, there is some hope for the resistance: the unblocking of $ 54 billion in European Union aid; Sweden has announced it will give $682 million worth of military equipment. Canada is promising to donate $70 million worth of drones from already announced spending dating back to the summer.

 

The word we hear a lot these days is that the conflict in Ukraine is reaching an inflection point of sorts, though shifts in momentum are notoriously hard to read in times of war.

 

What hasn’t changed in all of this is that the invasion of Ukraine remains a war of aggression – in violation of the United Nations Charter and customary international law. It’s also an international crime under the Rome Statute. Over a fifth of Ukrainian territory is currently under occupation by Russian troops.

 

Arguably, it should be possible to prosecute a war of aggression committed by Russia's leadership before the ICC, as it should not be difficult to prove. 

 

But that isn’t the case. Although the ICC can charge individuals for war crimes, it doesn’t have jurisdiction over Russian crimes of aggression. Our guest today will discuss why that is and what a core group of members of the international community and Ukraine are trying to do about it.

 

Dr. Anton Korynevych is the Ambassador at Large of the Ministry of Foreign Affairs of Ukraine. He’s a lawyer specializing in public international law, international humanitarian, and international criminal law. He’s the Agent of Ukraine before the International Court of Justice, where he has been arguing the case that Russian President Vladimir Putin abused the U.N. Genocide Convention by using an alleged genocide in eastern Ukraine as a pretext for invasion). 

 

Dr. Korynevych is also in charge of gathering international support to establish a special tribune that could try Putin and his inner circle for the alleged crime of aggression — which no international court, including the International Criminal Court, has jurisdiction to do right now.

 

To contact us (please include in the subject line ''Podcast''): national@cba.org

 

 

 

15 Dec 2022Episode 16: Competition law and inclusive growth01:00:11

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-Monopoly Project, a think tank dedicated to addressing issues of monopoly in Canada.

 

They are also the co-author, with Colleen Kaiser, of an upcoming report, Leveraging Competition Law and Policy to Promote Inclusive Growth in Canada.

 

To contact us (please include in the subject line ''Podcast''): national@cba.org

15 Feb 2024Episode 35: Justice Minister Arif Virani on criminal law reform, expanding MAiD and the state of our courts00:34:47

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 judicial vacancies and the increasing resource challenges that our courts are facing.

 

Arif Virani was first elected as the Member of Parliament for Parkdale—High Park in 2015. Throughout his career, he has served in various roles, including as Parliamentary Secretary to the Minister of International Trade, Export Promotion, Small Business and Economic Development, as Parliamentary Secretary to the Minister of Justice and Attorney General of Canada, as Parliamentary Secretary to the Minister of Democratic Institutions, as Parliamentary Secretary to the Minister of Canadian Heritage (Multiculturalism), and as Parliamentary Secretary to the Minister of Immigration, Refugees and Citizenship.

 

Before entering politics, he practised law for 15 years, starting his career as a civil litigator at Fasken Martineau and subsequently working as a constitutional litigator at the Ministry of the Attorney General of Ontario, advocating for human rights and access to justice.

 

Minister Virani previously worked as an analyst with the Canadian Human Rights Commission in Ottawa, an investigator at the Commission des droits de la personne et des droits de la jeunesse in Montréal, and an Assistant Trial Attorney prosecuting genocide at the United Nations International Criminal Tribunal for Rwanda. 

 

To contact us (please include in the subject line ''Podcast''): national@cba.org

 

 

 

07 Oct 2022Episode 12: Supreme Court briefing00:22:24

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 Group. Before joining the firm, she served as a law clerk at the Supreme Court of Canada to then-Justice Michel Bastarache.

 

To contact us (please include in the subject line ''Podcast''): national@cba.org

 

14 Dec 2023Episode 33: Woodrow Hartzog on the dangers of regulating AI with half measures00:56:48

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 privacy regulation. The US is contemplating various bills, but for the most part, it is applying existing laws and regulations through regulators like the Federal Trade Commission, the Consumer Financial Protection Board, and the US Department of Justice. These agencies have been instructed by the White House's executive order in October to follow eight guiding principles for AI safety. Meanwhile, China's approach is to ensure that all information generated by AI aligns with the state's interest. All are key players to watch as we try to understand where the future of global AI governance is headed. And today, we are going to take a closer look at a perspective coming from the US.

International privacy expert Woodrow Hartzog discusses the state of AI regulation in the U.S., his thoughts on the global dynamics at play, and his concerns surrounding the normalization of surveillance and our reliance on half-measures to save us from the potential harms of AI.

Hartzog is a professor at the Boston University School of Law, a faculty associate at the Berkman Klein Center for Internet & Society at Harvard Law School, and an affiliate scholar at the Center for Internet and Society at Stanford Law School, a non-resident fellow at the Cordell Institute at Washington University, where he's currently working on a project about AI half-measures in collaboration with Neil Richards.

Hartzog recently testified before the US Senate Committee on the Judiciary on the importance of substantive legal protections when it comes to AI. He’s been arguing that current AI policies and oversights are far too weak.”

To contact us (please include in the subject line ''Podcast''): national@cba.org

29 Jun 2023Episode 26: Defamation law in the age of (mis)information00:47:07

 

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.

 

To contact us (please include in the subject line ''Podcast''): national@cba.org

 

07 Dec 2023Episode 32: Dr. Carys Craig on generative AI and the dangers of the copyright trap01:11:15

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 world as artists, as well as corporate interests, claiming infringement of their intellectual property rights. (A U.S. federal court ruled back in August that art created by AI without any human input cannot be copyrighted under U.S. law).

 

The question is whether copyright should be the appropriate regulatory tool to determine these questions.

 

In fact, as listeners will hear from our guest today, the novelty of generative AI raises many questions about the socio-economic dynamics of cultural production – and whether it might not be time to re-examine the role of copyright law in encouraging and incentivizing creativity.

 

Dr. Craig is Osgoode Hall Law School’s Associate Dean of Research, and she’s recently stepped into the role of Director of IP Osgoode, which is the school’s  Intellectual Property Law & Technology program.  She joined the faculty at Osgoode Hall Law School in 2002 and is the is the author of Copyright, Communication & Culture: Towards a Relational Theory of Copyright Law (2011), among other writings. In 2018, she held a MacCormick Research Fellowship at the University of Edinburgh. She teaches JD, graduate and professional courses in the areas of intellectual property, copyright and trademark law, and legal theory. 

 

To contact us (please include in the subject line ''Podcast''): national@cba.org

18 May 2023Episode 25: Lisa Middlemiss on Canada’s ambitious immigration target00:36:22

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.

 

 

 

To contact us (please include in the subject line "Podcast"): national@cba.org

07 Sep 2023Episode 28: Jordan Furlong discusses what generative AI means for the profession00:49:33

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.

 

To contact us (please include in the subject line ''Podcast''): national@cba.org

 

 

12 May 2022Episode 9: Fitness for Purpose: IP Laws00:45:38

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-editor of the Canadian Bar Review with his Windsor colleague Chris Waters and associate editor Patrice Deslauriers of the Université de Montréal.

 

To contact us (please include in the subject line ''Podcast''): national@cba.org

20 Apr 2023Episode 23: Guy Pratte and the Art of Persuasion00:49:00

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

To contact us (please include in the subject line "Podcast"): national@cba.org

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