Modern Law: Verdicts and Voices is a monthly podcast hosted by Alison Crawford 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.
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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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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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Verdicts and Voices: Bill C-2, Indigenous legal practices, and Dagenais v CBC
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1:04:36Modern 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 D…
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Verdicts and Voices: A troubling trademark scam, AI hallucination cases and the 1998 Secession Reference
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54:06Modern 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 talks abou…
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Criminal Matter Enforcement in Flux: Cross-Border Insights and Trends
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32:09In this episode of the Counterfactual Podcast, we hear from Bruce McCulloch from Freshfields Bruckhaus Deringer and Joe McGrade from Blake, Cassels & Graydon LLP provide US and Canadian perspectives on the key highlights and additional insights from the panel discussion at the 2025 Annual Criminal Matters Committee Town Hall hosted by the CBA Crimi…
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Better Know the Bureau Series: Getting to Know Kristen McLean
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31:07In this episode of the Counterfactual podcast, we hear from Kristen McLean, a Senior Competition Law Officer in the Monopolistic Practices Branch about her background and role within the Competition Bureau. This is the latest episode of the new “Better Know the Bureau” series where we “demystify” the Competition Bureau and better get to know the pe…
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Verdicts and Voices: The Ontario Civil Rules Review, crossing the US-Canada border, and landmark immigration cases
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54:52Modern 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 t…
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Verdicts and Voices: The 2025 Federal Election
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53:32Modern Law: Verdicts and Voices is a monthly podcast in which we delve into legal news, landmark cases and feature expert guests who provide unique insights into Canada’s justice system. In this special election edition, host Alison Crawford welcomes two of Canada’s top criminal lawyers Matthew Gourlay, from Henein Hutchison Robitaille LLP, and Dan…
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Treatment of Foreign Investment in the Critical Minerals Sector Under the Investment Canada Act: In Conversation with Globe & Mail mining reporter Niall McGee
28:49
28:49
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28:49The government’s approach to foreign investment in the critical minerals sector, including in circumstances where the target minerals are located outside of Canada, has evolved significantly over the last three years. Niall McGee shares his perspectives based on first hand experience reporting on key developments in this area, including, among othe…
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Compliance Compass: Guiding Your Business Through Canada's Competition Laws
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49:46
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49:46In this episode, host Kirsten Cirella and guests Majid Charania, Director of Competition Compliance and Outreach with the Competition Bureau, and Beth Riley, partner in the Competition and Foreign Investment Group at McMillan LLP dive into the world of competition law compliance. This episode kicks off our compliance series, providing timely insigh…
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Verdicts and Voices: The international rule of law, tax reform, and access to abortion
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44:45Modern 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 t…
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Fair Trade?: North American Competitiveness, Tariffs and Trade with Professor Meredith Lilly
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40:23Host Kate McNeece speaks with Professor Meredith Lilly of Carleton University about the topic that is top of mind for everyone in North America: trade policy! What does the shift from the Biden Administration to the Trump Administration mean for North American competitiveness? How does trade policy impact foreign investment in Canada and interact w…
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Verdicts and Voices: The use of AI at the Federal Court, the tort of family violence, and R v. Drybones
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46:43Modern 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 F…
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“Cut!” To the Chase: Reflections on the Competition Tribunal’s Cineplex Drip-Pricing Decision
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43:56Host Charles Tingley speaks with Competition Bureau counsel Irene Cybulsky, lawyer Michael Osborne and Professor Alix Barasch about the Competition Tribunal’s recent decision in the Cineplex case, which is the first litigated proceeding involving allegations of deceptive or misleading “drip-pricing” and resulted in a Tribunal order to pay nearly $3…
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Verdicts and Voices: The notwithstanding clause, Gold Seal v. Alberta and a conversation with Chief Justice Richard Wagner
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49:51Modern 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 M…
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“The Big Fix” with Denise Hearn and Vass Bednar
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52:16In this episode of the Counterfactual podcast, we are joined by Denise Hearn, author, applied researcher, advisor, and resident senior fellow at the Columbia Center on Sustainable Investment, and Vass Bednar, the Executive Director, Master of Public Policy Program at McMaster University and host of the Globe and Mail podcast Lately to discuss corpo…
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Better Know the Bureau Series #2: Getting to Know Matt Chiasson (LIVE Episode Recording)
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38:12In this episode of the Counterfactual podcast, we hear from Matt Chaisson, a Senior Policy Advisor, about his career and responsibilities at the Competition Bureau, particularly relating to the process and experiences around the adoption of recent amendments to the Competition Act. This is the second episode of the new “Better Know the Bureau” seri…
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Join us for a spirited discussion with three participants in the Competition Bureau’s 5th Annual Competition Summit entitled “Market Dynamics in the AI Era”. We review the highlights of the AI Summit from the perspectives of a senator, journalist and competition law practitioner. What are the Competition Bureau, domestic regulatory agencies and for…
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House of Cards? The Structural Presumption in Merger Review
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42:03One of the many consequential recent amendments to the Competition Act, the so-called “structural presumption” for the identification of anticompetitive mergers has been the subject of robust debate. Join us for this episode as we speak with U.S. practitioner and former FTC attorney Jamie France for a rundown of the approach taken to the structural…
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Better Know the Bureau Series #1: Getting to Know Anu Lalith-Kumar
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26:41In this episode of the Counterfactual podcast, we hear from Anu Lalith-Kumar, a Competition Law Officer in the Mergers Directorate and a part of the Mergers Intelligence and Notification Unit (MINU) about her background and role within the Competition Bureau. This is the first episode of the new “Better Know the Bureau” series where we “demystify” …
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The New Greenwashing Provisions of the Competition Act: In Conversation with Julien Beaulieu
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41:12On June 20, 2024, the Competition Act was amended to require businesses to have testing or substantiation to support certain environmental claims. The Competition Bureau is currently engaged in a public consultation process to assist it in providing guidance on the interpretation of the new provisions. Soon, the Competition Tribunal will be able to…
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Legislative Reconciliation – Naiomi Metallic on Legislating Indigenous Self-government in Child Welfare
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55:46“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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52:34For 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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24:41In 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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1:13:02Overarching 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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40:53In 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
37:20
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37:20In 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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1:16:55Julia 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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25:12What 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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1:18:30Trail-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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54:52Join 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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51:14As 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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34:47Our 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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47:26In 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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48:08Criminal 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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1:03:21This 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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56:48We'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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1:11:15One 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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55:40A 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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54:51How 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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1:00:48To 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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1:03:19On 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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1:13:26If 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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1:05:13Excerpts 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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53:44Kristen 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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1:23:52Join 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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