It probably won’t come as much of a surprise that the pandemic is a prevailing theme throughout much of our coverage of legal affairs, but other trends were felt too – systemic discrimination, climate change, and a sense that the legal industry is headed for meaningful change as a result of an evolving regulatory environment and a new generation taking its place and making its voices heard.  Here are our 20 most read articles in 2020.

In their shoes

By anonymous contributors

Whether or not racism is highlighted on the evening news or on social media, it is entrenched in society. It is true in the practice of law as well, which is why we have invited legal professionals to share their stories, anonymously, about their experience with racism.

The pandemic shows why Ontario needs to revamp its licensing process

By Samantha Peters

It’s an access to justice issue, and it’s time to follow the lead of other provinces who are adapting to meet the needs of our time.

Overcoming the diversity deficit on federal courts

By Dale Smith

Federal justice minister David Lametti knows that the federally-appointed bench isn't diversifying quickly enough, and he's vowing to do something about it.

"It is going in the right direction, I'm pleased at the direction in which it's going," says Lametti. "Is there more work to do? Absolutely. We need to make more good appointments, but I think we're doing a decent job, and we're getting better at it, and hopefully it will continue to improve over time."

Getting out in the world

By Yves Faguy

Before she graduated from law school, Amélie Cournoyer knew she wanted to follow a career path that didn’t fit the mould.

“I was always interested in working abroad, and I was also drawn to NGO work,” says the 27-year-old lawyer, now based in Geneva.

Not that charting a course has been easy. For most legal professionals in Canada, the road to success bends toward the conventional. Hunt for an articling position at a firm; work there as a summer student; complete your articles; get called. If you’re lucky, take a month or two off to travel. But hurry back, because your junior associate position is waiting for you.

Defending against charges sexual assault as a feminist

By Brooke Johnson

If you’re a criminal defence lawyer, you have likely been asked at least one of the following questions by relatives, friends, students, or anyone outside of the practice of law:

“What do you do when you know they are guilty?”
“Why would you want to keep criminals out of jail?”
“Do you have to be alone with them? Aren’t you scared of them?”
“How do you sleep at night?”

If you also endorse feminism or identify as female, you may have furthermore been asked: “How can you defend rapists if you are a feminist/woman?”  Casting judgment aside, this is a fair question, specifically in cases where the victim is a woman.

Articling system rife with harassment and discrimination

By Carolynne Burkholder-James

Almost one-third of articling students and new lawyers in Alberta, Saskatchewan and Manitoba reported experiencing discrimination and harassment during recruitment or articling, indicates a recent survey conducted by the law societies of the three provinces. 

These results are disheartening, says Adam J.C. Norget, a lawyer with the City of Edmonton. "I hate to say it, but I didn't find it surprising."

Interview with CBA President Brad Regehr

By Yves Faguy

The new CBA president discusses his priorities for the year ahead, the impact of the pandemic on the legal profession, and the CBA's role in advancing reconciliation.

Solo sisters

By Janice Tibbetts

How collaboration is helping women thrive in their legal practices, and on their own. We interview these women who say they are living their best professional lives, in part because they have found wing mates to help navigate a business in which a lot of attention is focused on big firms rather than small independents.

An instance of compelled political speech

By Justin Ling

In a bluntly-written decision, Justice Edward Morgan found that the stickers, which gas station owners have been required to affix to their pumps and warned "the federal carbon tax will cost you," constituted partisan political messaging. The rights of gas retailers, the court concluded, were infringed by being involuntary messengers for that partisan campaign. Removing the stickers could net retailers a $150 fine.

Unprecedented force majeure

By CBA National/ABC National

The leading candidate for most-overused word of 2020 has to be “unprecedented.” As governments scramble to contain the spread of the novel coronavirus, and to limit the short-term damage to global and national economies, few people seem to be looking ahead to the COVID-19 pandemic’s likely long-term effects.

One of those effects is almost certain to be a global wave of lawsuits, as those infected sue those they blame for their exposure to the virus, and as supply chains shattered by plant closures snarl the just-in-time inventory process for manufacturers and retailers around the world.

An equitable outcome

By Dale Smith

In Fraser, the Supreme Court of Canada affirmed substantive equality for women under the Charter. But questions remain about the future of systemic discrimination cases.

The emergence of Indigenous business law

By Doug Beazley

“In order to be in business,” Chief Terrance Paul of the Membertou First Nation told CBC News last month, “you first have to play the game. You have to play to win, and we won.”

The November 9 announcement of the $1 billion purchase, in partnership with Vancouver-based Premium Brands Holdings Corp., of Clearwater Seafoods Inc. by the Membertou and a coalition of First Nations may have appeared to come out of the blue. It didn't.

Paying for the pandemic

By Agnese Smith

The global pandemic has been a reminder that sacrifices must be made for the common good. Over the last few months, people everywhere were urged to do their duty — some by staying home, others by carrying on. At some point, they will all be asked to reach deeper into their wallets for what will likely be a long recovery.

Tax changes are coming, and the rich — who have done remarkably well even during the pandemic — could be targeted for special consideration. Until then, policymakers everywhere might consider priming the public to accept higher taxes by appealing to unity, fairness and patriotism.

Sandboxes for legal innovation

By Yves Faguy

An often-ignored fact is how much law firms pay the price for inefficiency.

According to Gillian Hadfield, a leading scholar on legal regulatory reform, law practices with under $250,000 in revenue struggle to bring home $40 for every $200 charged to the client. Shockingly, she also estimates, based on U.S. billing data pulled from legal tech company CLIO, that small and solo lawyers working an eight-hour day are, on average, only getting paid for 1.6 hours of billable work.

Though Canadian data on the subject is scarce, it's hard to escape the obvious conclusion. "That's a lot of hours not practising law," said Hadfield during an online panel discussion organized by the Legal Innovation Zone. Eighty per cent of what factors into those lawyers' hourly rates is due to inefficiencies, she says.

Should we recognize privacy as a human right?

By Agnese Smith

Data-driven innovation is critical to economic growth. But at what cost? As a society, we are easily persuaded to trade our privacy to use apps that track our every move. Opting out is nearly impossible. In an ideal world, we'd have privacy laws in place to fully protect consumers who have limited bargaining power, and help the economy thrive.

Adapting for the aftermath

By Doug Beazley

They say a rising tide lifts all boats — sometimes not all at once. And a falling tide leaves some boats on the rocks sooner than others.

The economy has cratered. Unemployment stands at 7.8 per cent; Canada shed a million jobs in March alone. Pandemic measures meant to save lives and prevent the collapse of the health care system are creating deeper divisions between haves and have-nots — between those who still have jobs and those who don’t, between those who can work from home and those who have to risk exposure to the virus to deliver “essential” services.

Doing better for the young out of work

By Holly Lake

Like many keen law students, Morgan Dober had his summer work sorted out months ago. 

A 2L, he had landed an internship with one of Atlantic Canada's biggest firms and was looking forward to putting some of what he's learned over the past two years to practice. 

Not factored into his plan? A global pandemic. Shortly after the World Health Organization declared one on March 11, Dober (who is identified by pseudonym as he preferred to remain anonymous) started hearing about students at other schools losing their summer jobs. As a student at the University of New Brunswick, he initially took solace in the fact that the province was managing its response to COVID-19 well, and the number of cases was low. 

"I was hopeful because things here were looking pretty good," he says. 

That hope evaporated shortly before his exams started

A call to action for a better normal

By Sharon Roberts and Orlagh O’Kelly

The COVID-19 pandemic is, in many respects, a cataclysmic disruptor. But what if it were a portal to a legal practice without glass ceilings, steel doors, maternal walls and partnership expectations designed for white males with stay-at-home spouses?

Statistics show that women continue to leave this profession, even after joining partnerships, leading firms, and other achievements. Why? Because as mother-lawyers, we do not “fit” the model on which the profession is founded. The American Bar Association, in Walking out the Door, noted the same problems in U.S. BigLaw last year. Only 20 per cent of equity partners are women, versus 50 per cent of lawyers at entry level, and arranging childcare remains women’s work (54 per cent of women versus 1 percent of men said this was their full responsibility).

Is an MBA worth it for lawyers?

By Jennifer Brown

Karine Prévost began her law career in private practice working in commercial litigation at a Quebec City-based firm before moving to an in-house role at the Kativik Municipal Housing Bureau in Northern Quebec. While at the non-profit organization, Prévost transitioned into a management role and realized she enjoyed making business decisions combined with her knowledge of the law.

"After four years in that role, I decided I wanted to shift my career more towards being active in the business," says Prévost, who was called to the bar in 2012.

Prisoners dilemma

By Justin Ling

COVID-19 has revealed how unprepared our legal institutions are for the pandemic. One of the more immediate concerns confronting the courts is what to do with offenders and those waiting to stand trial.

Since Canada first saw a significant number of coronavirus cases in March, judges have had to grapple with what weight, if any, to give the health crisis in handing down their rulings.

In 20 cases that have been published online, across five provinces, the courts have cited the threat of COVID-19 as a release to grant bail, reduce a prison sentence, or otherwise grant release about half the time. In those cases, they sided with defence counsel who argued that prisons are uniquely dangerous places during a pandemic, and that the threat should be a factor in the court's deliberations.

Carbon pricing: What's the matter?

By Justin Ling

The Supreme Court will have its work cut out for it in an area of constitutional law that has been rarely tested, as it prepares for the upcoming hearing on the national carbon pricing scheme.