"The Court agreed with ARCH [Disability Law] and stated that the Tribunal improperly adopted a biomedical model of disability and did not engage in a socio-political analysis, which required assessing all the facts, not simply the nature of the impairment without context."

“The Court was clear that the Human Rights Tribunal of Ontario must not improperly close its doors to applicants as it seeks to manage its caseload,” said Michael Gottheil, Senior Counsel at ARCH and former Chair of the Human Rights Tribunal of Ontario.

#FediLaw #Disability

https://archdisabilitylaw.ca/press-release-court-overturns-human-rights-tribunal-decisions-for-improperly-dismissing-discrimination-claim-on-grounds-of-disability/

ARCH Disability Law Centre | Press Release – Court Overturns Human Rights Tribunal Decisions for Improperly Dismissing Discrimination Claim on Grounds of Disability

RE: https://mastodon.social/@lashman/115984768757696383

AHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHA

#VivaLuigi #fedilaw #lawfedi

In relation to the "carding" class action against Toronto Police that got certified in January (via @Gigi), the statement of claim and the certification decision are both available from the McCarthy Tetrault website (https://www.mccarthy.ca/en/carding-class-action).

I have them open to read. Observations may follow.

#LawFedi #FediLaw
https://kolektiva.social/@Gigi/115891320505340540

@auxonic That is very funny. Also horrifying because I can see the tech bro legal argument.

First you'd need a bank with a legal department that has been headquartered in Western or Northern Canada for the past ten years.

"Must not need translation to understand cases" obstacle. Argument: with access to Grok, services are now inherently bilingual.

Consider: "must not need translation" requirement actually about *minimizing government expenditure* (translation *services*). If provide own "translation services", no cost burden on Court, then legal obstacle n/a. Maybe Grok an assistive device, even. Discriminatory not to allow!

Actually, consider argument: Grok non-binary! Appointment would involve the first non-binary Supreme Court of Canada justice! As represented in court by a white man from the bank's legal department. Making s. 15 history! High-five from Evan Solomon!

Does anyone happen to know the dates for when women were recognized in Canadian law as people versus when corporations were?

#LawFedi #FediLaw

RE: https://sueden.social/@Anwalt_Jun/115774347518534914

Der Anwalt Chan-Jo Jun hat seinen Mastodon-Account wieder belebt 🎉 Er hat sich mit zahlreichen Klagen u.a. gegen #Hassrede und #Desinformation im Netz und gegen die Übermacht der großen Plattformen gewendet. Der Fall Renate Künast gegen #Facebook sagt vermutlich den meisten etwas. Auch @BlumeEvolution hat er gegen #Twitter vertreten.

Ich habe ihn als äußerst eloquenten und auch amüsanten Redner erleben dürfen, als er beim #DigitalFightClub des @mkz & @slpb zu Gast war. Begrüßen wir ihn doch alle im freien und freundlichen Fediverse und belohnen sein Wiederauftauchen mit vielen Followern!

@Anwalt_Jun Nun fehlt noch Ihre tolle Kollegin Jessica Flint im Fediverse...  

#DiDay #DUTgemacht #UnplugTrump #FediLaw #GemeinsamGegenHass

@stephanie I actually like this statement.

It is very factual.

And I've noticed a tradition, in international law circles, to aim for neutral / mild / diplomatic language. Like: a dozen whereases, and then perhaps a "strongly" (like for genocide).

I think this statement reinforces that (frustrating) tradition. It is indicative of intent to stand united with those who uphold #InternationalLaw.

If one were anticipating the worst and building a case for, let's say, 2028, it could be helpful to go on record now as condemning illegitimate elections. And condemning the *persecution of dissenters* specifically? Right the fuck on for, inter alia, section 2 of the Charter.

This statement (in my opinion) establishes that clear pro-international law precedent for allies around the world to see. It takes sides, on ne peut plus claire. Which is strategic if it seems you might need international allies soon. Like Venezuela, and Greenland, and Ukraine, and and and.

It is always a question whether the Liberals will in practice live up to their better principles, instead of just saying them cleverly / convincingly.

But I think it's as close to calling out the US for breach of international law as they can get without attracting attention / war (including economic).

I think it’s principles and team-building, which the world currently needs right now.

I think Anita Anand is / has a very strong writer.

Actually, I might write her a letter. Been a while since I've sent one (postage-free by law).

#FediLaw #LawFedi

Just to emphasize, if you want to show tangible support for journalists taking the RCMP to court for arresting a #journalist on assignment, seizing her equipment and holding her for three nights, the Narwhal has four suggestions, including, if you're in #Vancouver, attending court anytime over the five weeks of the trial (starting Jan 12).

#Charter #FediLaw #LawFedi
https://mstdn.ca/@thenarwhal/115844692004172637

The Narwhal (@[email protected])

We’re suing the RCMP for arresting a journalist on assignment for The Narwhal. It’s an effort to protect press freedom — and the rights of all Canadians https://thenarwhal.ca/rcmp-trial-update-2026/

Mastodon Canada

In addition, a couple of weeks ago I had occasion to look something up on CanLII (https://www.canlii.org):

"a non-profit organization founded in 2001 by the Federation of Law Societies of Canada on behalf of its 14-member law societies. Its mandate is to provide efficient and open online access to judicial decisions and legislative documents. By doing so, CanLII supports members of the legal profession in the performance of their duties while providing the public with permanent open access to laws and legal decisions from all Canadian jurisdictions."

I have been, in my lifetime, a disproportionately huge fan of CanLII. Free accurate information. What a great resource! Which now uses Gen AI. https://www.canlii.org/info/generative-ai.html

I wrote to them:

"Please tell me how to turn off AI-generated captions when I'm consulting your site.

My preference would be for CanLII to turn off AI-generated captions entirely for all users, actually, because CanLII is specifically a site people go to for facts. There is currently a reported problem of lawyers presenting things in court that aren't actually legally correct because AI makes shit up. I hate that CanLII of all sources is contributing to this problem.

I hate that by using CanLII and getting AI-generated captions, I'm depleting the environment for information that *needs to be fact-checked anyway.*"

They replied:

"At the moment, there isn't an option to disable AI enrichments, but your suggestion has been shared with the appropriate team for consideration."

#FediLaw #LawFedi

One of many things I'm concerned about is the growing trend of people using Gen AI in law, presenting to clients and to courts their Professional opinion, which may or may not in fact be based on existing precedent, nobody checked.

This is coming up today because there's yet another case of contempt of court: https://beige.party/@adub/115820660155470327

I noted in the comments that someone's compiling an international database where someone presented incorrect AI law in court: https://www.damiencharlotin.com/hallucinations/

In my opinion it entirely undermines the legal system, which is theoretically based on precedent, meaning specifically "what that judge said in that prior case." Not "what judges might plausibly have said, in a format that looks like fact, as programmed by tech bros."

Generative AI, I would submit, makes a mockery of the law.

#FediLaw #LawFedi

A-Dub 🥝 (@[email protected])

Using AI in court? Yikes. 😬 "In one notable case, a Toronto lawyer is facing a criminal contempt of court proceeding after including cases invented by ChatGPT in her submissions earlier this year, then denying it when questioned by the presiding judge. In a letter to the court months later, the lawyer said she misrepresented what happened out of "fear of the potential consequences & sheer embarrassment."" https://www.cbc.ca/news/canada/toronto/increasing-ai-use-canadian-courtrooms-carries-risk-9.7031131

beige.party