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Under volume 57, the McGill Law Journal became the first Canadian legal journal to launch a significant podcast series. The goal was to increase the Journal’s online presence by providing a forum in which to discuss important legal questions, while connecting with our audience in a deeper way. Please email journal.law@mcgill.ca if you have any questions or suggestions regarding our Podcast series.
 


Lawyers We Can Trust? The Good Character and Mental Fitness Requirements
Posted on Wed, 29 Jun 2016 10:00:00 +0000


Every law society in Canada requires that prospective lawyers satisfy some version of the requirements of good character and mental fitness. In this episode, we discuss the meaning, purpose and effectiveness of these requirements with Professor Alice Woolley of the University of Calgary’s Faculty of Law and Mr. Raj Anand, a partner at WeirFoulds LLP and bencher of the Law Society of Upper Canada.


Pas de fumée sans feu: L'action collective sur le tabac
Posted on Wed, 08 Jun 2016 10:00:00 +0000


L’action collective existe au Québec depuis 1978. Prenant pour exemple le très médiatisé recours contre les fabricants de tabac, nous dressons le portrait de cet outil procédural, ainsi qu’un bilan de son influence sur le paysage juridique québécois. Nous discutons avec Me Philippe H. Trudel, associé au cabinet Trudel Johnston & Lespérance, Me Jean-Saint-Onge, Ad. E., associé au cabinet Lavery, ainsi que le professeur Daniel Jutras, Ad. E., de la Faculté de droit de l’Université McGill. Quebec’s class action regime has been around since 1978. Using the highly publicized class action against tobacco manufacturers as an example, we discuss the typical procedures followed in class action litigations and the impact of this regime on Quebec’s legal landscape. We speak with Me Philippe H. Trudel, partner at Trudel Johnston & Lespérance, Me Jean-Saint-Onge, Ad. E., partner at Lavery, and professor Daniel Jutras, Ad. E., of McGill’s Faculty of Law.


Revenge Porn, Tort Law and the Protection of Privacy in Canada, part II
Posted on Wed, 25 May 2016 21:00:00 +0000


This is the second of a two-part podcast on revenge porn, tort law and privacy. Does Ontario's tort of public disclosure of private facts, recently recognised in Doe 464533 v ND, extend to content-hosting websites or anonymous users? How much should victims of revenge porn be compensated? What is the role of tort law in protecting fundamental freedoms, particularly as they relate to women’s rights? We spoke with internet lawyer Allen Mendelsohn, civil liberties expert Cara Zwibel and comparative legal scholar Giorgio Resta to tackle this complex issue.


Revenge Porn, Tort Law and the Protection of Privacy in Canada
Posted on Wed, 11 May 2016 11:00:00 +0000


You may have heard of revenge porn. But what legal recourse do you have if someone publicly shares a sexually intimate image or video of you? Does Canadian law respond adequately to such invasions of privacy? Are there broader systemic problems when the courts attempt to adjudicate on legal issues involving the internet?  Yuan Stevens and Sammy Cheaib use the 2016 Ontario Superior Court case Jane Doe 464533 v ND as a jumping off point for this vital discussion. We spoke with internet lawyer Allen Mendelsohn, civil liberties expert Cara Zwibel and comparative legal scholar Giorgio Resta to tackle this complex issue. This is part one of a two-part episode.


What We Talk About When We Talk About Refugees
Posted on Wed, 20 Jan 2016 12:00:00 +0000


The conflict in Syria has resulted in one of the largest refugee exoduses in recent history, displacing more than 12 million Syrians, 4 million of which have left the country entirely. In this episode, we examine the terminology used to describe the current crisis, Canada’s response to the situation, and avenues that might improve the protection of refugee rights in the future. We speak with Francois Crépeau, UN Special Rapporteur on the Human Rights of Migrants, and Paul Clarke, Director of Action Réfugiés Montréal.


Omar Khadr & the Erosion of the Rule of Law
Posted on Tue, 17 Nov 2015 13:00:00 +0000


In this episode, we speak with Mr. Dennis Edney, lawyer for former Guantanamo Bay detainee Omar Khadr. We discuss the balance between national security and civil liberties, the conception of the rule of law in Canada, and the next steps in Omar Khadr's case.


The Politics of Judicial Appointments, part II
Posted on Wed, 04 Nov 2015 12:30:00 +0000


The former federal government has been criticized for allegedly picking judges based on political considerations and in a non-transparent manner. In the second part of a two-part episode on the federal judicial appointment process, we look into whether the current process needs to be reformed and, if it does, how. We speak with Leonid Sirota, J.S.D. Candidate at the New York University School of Law and Professor Rosemary Cairns Way from the University of Ottawa’s Faculty of Law.


The Politics of Judicial Appointments, part I
Posted on Wed, 14 Oct 2015 11:00:00 +0000


The federal government has been criticized for allegedly picking judges based on political considerations and in a non-transparent manner. In the first part of a two-part episode on the federal judicial appointment process, we look into the scope of the government’s discretion in naming judges and the role that ideology or partisanship might play in the process. We speak with Sean Fine, justice reporter at the Globe and Mail; Professor Robert Leckey of McGill’s Faculty of Law; and David Gourdeau, a former commissioner for federal judicial affairs.


Supreme Court Fall 2015 Preview, featuring Eugene Meehan, QC
Posted on Tue, 29 Sep 2015 12:00:00 +0000


The Supreme Court will start its fall session on October 5th. The judges will tackle a wide range of issues including Indian status and the independence of administrative agencies. It's also the first session for the newly appointed Justice Brown. To get an overview of the cases and issues coming before the Court, we spoke with Mr. Eugene Meehan, QC, a litigator at Supreme Advocacy LLP.


Humanity Erased: Reflecting on Violence against Indigenous Women a Decade after Pickton
Posted on Mon, 27 Apr 2015 23:54:40 +0000


It’s been nearly ten years since the Robert Pickton trials. In this largest serial murder case in Canadian history, all the victims were women and a majority of them were Aboriginal. In this episode, we use the case as a springboard to ask: what role should the criminal justice system play in response to violence against Aboriginal women? And where it fails, are other avenues of justice available? We first interview Professor Elaine Craig (Schulich School of Law) about her recent article in the McGill Law Journal, to hear about the Pickton trials and the limits of the criminal justice system when faced with problems of collective violence. We then speak with Ellen Gabriel, an Indigenous rights advocate, to look at a community’s response to this violence and other ways forward.  


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