Opinion

“Cost of defending yourself” by David Dorson

By: April Lount, University of Manitoba, Student at the Faculty of Law The recent Law 360 article entitled “Cost of defending yourself” by David Dorson  provides a sobering perspective of the cost relationship to quality criminal defence and the severe consequences when you are not able to meet those costs. Dorson is a pen name, providing […]

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Expanding the Mandatory Pro Bono Discourse

By April Lount, University of Manitoba, Student at the Faculty of Law Pro bono stands as perhaps the single most revered practice within the legal sector, embodying a selfless dedication to justice and the public good. These principles not only align with the ideal model of advocacy, but also directly contribute to access to justice,

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Response to the Alberta Courts Indigenous Justice Strategy: We Still Have a Long Way to Go

By: Nicholas Anderson, Student at the Faculty of Law, University of Alberta The beginnings of this article stem from the second floor of the Edmonton Law Courts, where there has been a semi-recent implementation of an Indigenous Court in Room 266. Here, Indigenous offenders can have their cases heard, while feeling a sense of Indigenous

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Statute as Shield: The Contradictory Nature of Limitation Periods in the Context of Reconciliation

Written by Noah Lesiuk Following the decision of the Supreme Court of Canada (“SCC”) in Guerin v The Queen, precedent has solidified that limitation periods apply to Indigenous claims against the Crown.[1] In fact, the operation of such a doctrine in the Indigenous context is not only immortalized in the jurisprudence, but expressly conveyed through statutory authority.

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Opinion: The Remote Witnessing and Commissioning Act and Access to Justice in Northern Manitoba

By Calvin Ediger On December 3rd, 2020, royal assent was given to The Remote Witnessing and Commissioning Act which amended several acts, including The Manitoba Evidence Act, to allow the electronic witnessing of documents including affidavits. Previously affiants (those making the affidavit) were required to be physically present with the individual authorized to administer the oath and witness

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Opinion: The Tension Between Access to Justice and Conservation of Resources in British Columbia (Attorney General) v Council of Canadians with Disabilities

Written by Calvin Ediger  The Supreme Court has recently clarified the law with regards to public interest standing in British Columbia (Attorney General) v. Council of Canadians with Disabilities. Public interest standing allows organizations or individuals to bring a matter to court even though they are not directly impacted or had their rights infringed. This improves access

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Opinion: Open Courts and Access to Justice in the Digital Age

Written by Calvin Ediger In its recent report No Turning Back: CBA Task Force Report on Justice Issues Arising from Covid-19, the Canadian Bar Association remarked on the rapid adoption of new technology by Canadian legal actors. Many of these newly adopted technologies promise to save time, costs, and improve access for individuals seeking to access

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Opinion: Manitoba Should Look to Ontario’s Lead in Summary Judgment Availability

Written by Calvin Ediger Summary judgment motions are a powerful tool in the hands of modern courts that can greatly decrease the cost and time commitment of court proceedings for litigants. The Supreme Court endorsed summary judgment as a substitute for full trials in the case of Hryniak v. Mauldin, a case that arose in Ontario

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