Robin Parker
@robinparker_law
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Litigator, mediator, investigator. Nomad lawyer: Ont & NWT. Co-founder @IndigenousVAs . @SchulichLaw & @UniofOxford . Loves a Temagami sunrise. She/her.
Treaty 13 Territory
Joined March 2020
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Evacuation order for all of Yellowknife. 20,000 people. A hospital, a jail. One highway south, with few gas stations and long stretches with no cell service. This is a major humanitarian crisis.
Anyone remaining in Yellowknife, Ndılǫ and Dettah must leave by noon on Friday, residents were told in a fresh, blanket evacuation order. Here's the latest.
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I spoke to the Star about my experience with restorative justice after I was sexually assaulted. I did so because we need alternatives. The system is failing. Trials are more polarizing than ever & rates of sexual violence are steady. /1
via
@torontostar
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Today Neha was awarded the Catzman Award for Professionalism and Civility ACJ Fairburn (who won the award herself) gave a glowing intro of our beloved
@nehachughlaw
- but it was Neha's speech that exemplified why she won the award. She was brave, vulnerable & honest. /1
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Shortly before I left the Crown's office I asked my boss why I had not been assigned to a big terrorism case. He said he thought I was going to have more babies. I was 41 with an 8 yr old "baby" and no more babies on my agenda. Less than a year later, I quit.
In our research we found that women were told they were too young to lead, too old to lead...and middle age wasn't quite right either. As it turns out no age is the right age to be a woman leader. See my latest
@HarvardBiz
article for solutions.
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Gone canoeing. See you on the other side. Please solve the legal system while I'm gone. 🛶🏕️🎣
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How I met Clay: I prosecuted a self rep who wanted to waive extradition to NY for murder, before the death penalty was struck down there. When you waive, you give up rights - like Canada requesting assurances the death penalty won't be imposed. /1
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Just heard my fourth story of the week about a judge yelling at counsel. I don't mean correcting counsel or losing their patience, I mean yelling.
Judges: this is unacceptable. There is no excuse. There is no exception.
#Civility
#Professionalism
#MentalHealth
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And that is how I met Clay Ruby. We may have had a few lunches since then. His door was always open, even for a Crown prosecutor he had never met, and an indigent person accused of murder in New York State. Rest in power, Clay. Thank you for all your sh*t disturbing. 🙏🏽 /7
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This is the epitome of professionalism by
@DanardoSJones
. If you want to observe the difference between advocacy and grandstanding, it’s worth watching. Substance is a longer, quieter play, but it always wins over form. Thank you for your work, Professor Jones.
Sometimes unconscious bias is so obvious. Watch this exchange.
"Where are you getting this data from?" asks CPC MP Larry Brock.
"The Supreme Court of Canada has said it over & over & over again," replies veteran criminal defence lawyer & UWindsor law prof Donardo Jones.
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I wrote an article about NWT circuit court which is in the latest issue of For the Defence. To quote Harold Johnson, “Everything done to Indigenous people has been legal.”
I’ve uploaded it here.
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This person has it backwards. No one is telling children not to tell their parents they are trans or queer. We are telling others to not report us. Trans and queer people are the best judges of our own safety. We will determine who we tell and when.
This lady states it best.
“ Never trust anyone who says “Don’t tell your parents” “
#LeaveOurKidsAlone
#1MillionMarch4Children
#MillionMarchCanada
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Whenever I do a mediation or restorative justice resolution in a criminal case, I am amazed that people think it's a slap on the wrist. For the accused it's often much more difficult (and transformative) than a trial. For the victim, it is an opportunity to truly be heard.
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Yesterday I testified with
@PamHrick
from
@LEAFNational
about proposed amendments to the Criminal Code re pub bans. It was a real privilege to meet many MPs and take part in our democracy. Link is here:
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Because sexual violence overwhelmingly targets women, publications bans without consultation and consent silences women whose voices have already been erased by their attacker.
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Just a shout out to
@DoronJGold
and his tireless advocacy for mental health and wellness in our profession. Thank you for walking the talk, Doron.
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Aanii nniijkewenik. Hello friends.
A few suggestions for
#TruthAndReconciliationDay
🧡
Kuper Island: a haunting story of 4 children at residential school by the Salish Sea, by
@duncanmccue
,
@ozhibiiige
&
@JodieMartinson
. There are tears; also laughter. /1
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Discussing the meaning of "balance of probabilities" with my daughter, who described it as "being convinced beyond ambivilance." I love when people mirror back a concept they just learned, and you think you know, showing it to you in a new way. ⚖️
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Sexual and gender based violence affects every Canadian. This new law recognizes the autonomy of complainants to protect their identity or speak out as the choose.
We did it. We changed the law.
Toronto Star: The Court Wouldn’t Let Her Talk…
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I want to thank
@JacquesGallant
for his thoughtful and ethical journalism. I am disappointed that the
@TorontoStar
has paywalled these important stories about survivor's voices being silenced by the justice system and urge them to lift the paywall. /7
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They buried the lede: only 18.3% of judges & tribunal members appointed since 2016 donated to *any* political party. 21.4% of judges donated to the Liberals, 6.8% to PC. Looks like the way to increase your chances of appointment is NOT to donate.
Exclusive report reveals Liberals appoint judges who donate to party | National Post
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In the past couple of years, I've helped a number of sexual assault complainants get publication bans lifted. Today, one of them emailed me a link to a podcast they created to tell the story of their healing journey.
Stories heal. Finding your voice heals. Being heard heals.🙏🏼
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The Crown policy against RJ is based on a recognition of the harm sexual violence causes. But a policy that forces complainants to choose between a trial or a complete withdrawal of the charges is not making society safer. /2
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Love, hope & bravery for my wonderful
@BGG_Coalition
colleagues, whatever the outcome. Thank you for standing up & volunteering for a thankless job & withstanding a fractious campaign. Whatever happens we will keep working to make the profession more equitable & accessible.
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Jennifer Kagan-Viater bravely advocates to make it safer for women and children. 🙏🏼
@forlittlekeira
and TY to
@schliferclinic
for honouring her advocacy.
Congratulations to my wonderful wife, Jennifer Kagan-Viater
@forlittlekeira
for being a recipient of the 2022 Spirit of Barbra Schlifer Award
@schliferclinic
. Her advocacy in honour of Keira is helping to save lives. .
#NinjasNeverQuit
#KeirasLaw
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Mary Ellen Turpel was my prof at Dal. I admired her. She was a smart and wonderful teacher. Dal had a progressive affirmative action program at that time as they were consciously building an alternative law school. It's why I chose Dal./1
Prominent scholar Mary Ellen Turpel-Lafond says she is a treaty Indian of Cree ancestry — but her claims don’t appear to match the historical record. Her story illuminates a complex and growing national discussion about Indigenous identity.
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The first three offenders to die using MAID were shackled and watched by prison guards, parole officers and correctional officials, alongside family members.
No words. What is this world.
Nine inmates have used medical assistance in dying or MAID to end their lives, figures supplied to APTN News from the Correctional Service of Canada show.
Some were Indigenous and all were male.
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"Dear young lawyers: you are enough for this job. You belong. Your advocacy matters. To the young lawyers, the Black lawyers, the Indigenous lawyers, the brown lawyers in rural Ontario - there will be so many days where you will be reminded that you do not belong." /6
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The love and kindness of family and community just takes my breath away when I’m NWT bail duty counsel. The human willingness to dig deep for hope, for rehabilitation, for a second chance is a truly beautiful thing. No one is expendable.
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Most trial strategy advice I give boils down to: less is more. Be surgical. Know what you want from each witness; get it; get out. Knowing the evidence you want determines the course of action with each witness. Not knowing is disaster. Bonus: judges like lean trials. <=>
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@mspratt
The confidence to just make stuff up and speak it with brazen assurance is a unique skill. The truth is so inconvenient.
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Congratulations to a gentleman, a scholar and mensch. Such a honour and so well deserved,
@Nader_Hasan_law
.
Huge congratulations to criminal lawyer and co-author of our
#SearchandSeizure
book,
@Nader_Hasan_law
, on being the recipient of the
@Advocates_Soc
's Catzman Award for Professionalism and Civility at The Opening of the Courts today. 👏
cc:
@Hawesman
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"You are enough and you will be able to navigate these situations to make our whole profession more equitable and inclusive. And the kids are going to be alright."
You are enough.
Bless you Neha and thank you for your grace which you share with us all.
Congratulations. 💛🤗/8
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John’s tireless leadership of the
@ClaOntario
during a time of unprecedented crisis was entirely consistent with the energy he brings to his legal practice and life. A kind and generous mentor, a steady and creative legal thinker, a door that’s always open. TY
@johnstruthers
🙏🏼
John Struthers was a strong and effective president of the CLA and we all owe him a debt of gratitude for his hard work and accomplishments. Be well John.
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I am grateful every day for the support, mentorship and collegality in my legal community. But today I am especially grateful to the women who have blazed trails, given a hand up, offered visible and invisible support, respect, mutual care. We are nothing without each other. 🙏🏽
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These are the active fires in NWT right now. My heart is with my friends and colleagues in Yellowknife who are making the difficult decision to leave their homes. The roads out are not reliable and they have to drive past active fires to get to safety.
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She looked at our young faces shining with idealism & lied to us. She cd have contributed just as much if she had been honest. She could have led a path for settlers who want to do good work. She cd have tried to model honesty, respect, humility. That was too hard. So she lied./5
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Looking forward to working with the government to get this through the Senate, and get it right, so no survivor can ever be prosecuted again for violating a pub ban meant to protect them.
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I’m voting for her and I hope you will too. I don’t know anyone who works harder. She has an open door and an open mind. Vote for Good Governance.
The small practice owner in Cornwall is me
Let’s give intersectionality some food for thought
I am a proud member of
@sabaottawa
@wlao_1919
@ClaOntario
. I’m a small practice owner in rural Ontario
I’m a mom
We are a diverse profession. Let’s not overlook how far we have come
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This is such gorgeous unconditional love. Our autistic relatives have much to show us about the wonders of this world, if only we slow down, look, and listen with our whole selves, not just ears (because some of our relatives don’t speak) but eyes and hearts. 💕
#actuallyautistic
Who’s ready for some Special Interest Spam? Buckle up! My
#actuallyautistic
son has been collecting stuff for years. His collection has been stuffed into the drawers under his bed or getting dusty on the top of his wardrobe. Until today!
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I also represent people in the 95% who don’t report. They all express concern that the person who harmed them would harm others. But they don’t want to subject themselves to the court process. We need alternatives. /4
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Please share these stories and help us advocate for restorative justice. I have spoken with many judges and Crowns about this, as well as senior federal policy advisors. Everyone wants it.
@douglasdowney
, may I buy you a coffee? /5
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But when the only thing we do as a society to address the social harm of sexual violence is a criminal trial, we end up with a system where 95% of people don’t report./5
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I am taking a certificate program at U of T to enhance my skills as a workplace investigator, a part of my practice I really love. Each week our instructor asks us to describe how we are feeling in one word and everyone always says, "Tired." 😅😴
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In 2018, Stats Can surveyed 43,000 Canadians. Of the ppl who experienced sexual violence in the preceding year, 5% reported to police. I represent people in that 5%. Many of them end up quitting the justice system. Many want something different. /3
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Restoule/ Robinson Treaty case in SCC today. Lawyer for Ontario starts off saying reconciliation does not happen in a courtroom. Martin, J says, no, accountability does. You can watch this historic case here- or follow
@SeanFineGlobe
who is live tweeting:
Huge reconciliation case on at 9:30 today at
#scc
. More than 20 Indigenous communities in n. Ont. have been receiving $4 per person for turning over resource-rich lands the size of France. Treaties are from 1850, annuity stuck at four bucks since 1875 or so. ...
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There is no world in which murder is a just result.
Majority of Canadians are in favour of bringing back the death penalty, new poll suggests
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🧵about psychological safety in the legal profession:
I’ve been working on an article about the impact of ineffective assistance claims on lawyers.
I’m also reading about psychological safety at work for an
@UofT
course. /1
Image:
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It's important to read and share ineffective assistance cases so we can learn, but we have to be kind about it. I am suprised at what happened in McDonald 2022 ONCA 838, but more concerned about the shaming of trial counsel by colleagues. /1
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We can each only hope that in our life we can contribute even a fraction of what Dr. Peter Bryce did to this country. He provided detailed reports to Indian Affairs about conditions in residential schools. In 1921, he was "forced to resign" (ie fired) for his efforts.
"Bryce was the chief health inspector for the Department of Indian Affairs who...tried to alert the nation to the atrocious conditions in residential schools — where abuse, malnutrition and especially tuberculosis were taking a deadly toll "
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NWT Legal Aid is looking for a staff lawyer. It's a great organization, filled with good people, and there is nothing like it anywhere else in the country. Happy to chat if you want to know more.
👇🏼
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Don't like to say much about COVID these days for a lot of reasons but I decided to share this. Women seem to get
#longcovid
more than men and lots are working moms. It might be in part bc we don't rest enough.
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Juicing pomegranates, zesting clementines and cardamom in preparation for a holiday meal. Tonight my life is rich with colour, scent, flavour and myth.
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Apoligies for jumbled numbering - it's been quite a morning. I am overwhelmed by the kindness & support of my colleagues. But this is not about me. I only want to use my experience to advocate for others and make the system I have worked in for 28 years better for all. 🙏🏼/end
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After being fired, he published a book in which he concluded the gov encouranged high TB rates as part of a policy to destroy Indigenous communities. His legacy is proof of Canada's mens rea. He is a hero who spoke truth despite the consequences.
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The fact that one person breached his bail does not mean that the thousands upon thousands of others on bail without incident should be in jail.
What is always missing from these stories is why bail was granted in the case at issue. Bail hearings are covered by publication bans intended to prevent the publication of untested initial evidence and affecting the right to a fair trial. via
@lfpress
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Another reason exploring alternatives like restorative justice is so important. Jails do the opposite of rehabilitate and restore. They further violence and trauma and promote recidivism. 👇🏼
"If you don't come into jail with a mental health issue, depending on how you spend your time, you're definitely walking out with one."
The inquest into the death of Soleiman Faqiri is exposing harsh truths yet again about confinement in Canada.
Story:
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Dal was how she launched her career. She lied to get that job and took space meant for someone else. She devoted her life to creating justice for Indigenous people while appropriating their space and voice. She told stories about life on the rez that were lies. /2
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Tonight I saw a merlin! Tiny raptors with a distinctive cry, rare to see. He looked up as he landed in a tree to eat his prey. Following his gaze I saw a huge peregine perched at the top of the tree. The little merlin took his dinner elsewhere.
#BirderHeaven
Photo:
@MerlinBirdID
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Each time she lied she took space from an Indigenous person trying to enter the academy. A door closed for them bc she was in the room. What baffles- as always with these people - is how she thought no one would notice. Why she didn't just tell the truth? /3
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I miss the old Twitter where I learned things and connected with folks. Here’s to being challenged with new ideas, respectful discourse, meeting new people, being surprised, and the Oxford comma. 🥂
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This morning I presented lawyer Cornelia Mazgarean to Justice Shelia MacPherson of the NWT Supreme Court for admission to the NWT bar. 27 years at this job, yet when she took her oath I was moved yet again by the idealism and public service that is the bedrock of our profession.
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When a client makes allegations against you, don't try and fix it on your own. Reach out to a trusted colleague for advice. Often we suggest you advise
@LAWPRO
, who might appoint a lawyer, for eg if the client makes ineffective assistance allegations or wants to strike a plea. /1
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A cool ride to work today in Hay River, heading northeast across Great Slave Lake to Fort Resolution to run circuit court, then due west to Fort Providence, for court here tomorrow. And there is
@mspratt
looking dashing in his Herschel toque.
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What a lovely article and tribute to our new CJ.
Michael Tulloch named as Chief Justice of Ontario
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"It is exhausting. It is ok to be tired. It is ok to be angry. But don't dwell in that space. You may not feel like you are resilient, strong or tough, but give yourself grace first." /7
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But the truth is harder work. The truth meant bearing the responsibility of accounting for her ancestors. Trying to be an ally is difficult work that requires painful self reflection and repeated correction. She wanted to skip that and be a star. She took someone else's star. /4
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This is true both in the practice of law and the practice of life.
“It's better to learn from complex thinkers than smooth talkers.”
We pay too much attention to the most confident voices—and too little attention to the most thoughtful ones.
Certainty is not a sign of credibility. Speaking assertively is not a substitute for thinking deeply.
It's better to learn from complex thinkers than smooth talkers.
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@Joseph_Fasano_
Sharon Olds.... "with the patience of someone who/ finds a wounded animal in the woods/ and stays with it not leaving its side/ until it is whole, until it can run again."
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I am so excited to have a chapter in this book about the application of s.35 rights across colonial borders.
"The collection demonstrates the wide reach and increasing importance of international law to Canadian criminal practice." - Hon Thomas A. Cromwell
👇
Our latest release "Transnational and Cross-Border Criminal Law Canadian Perspectives" is now available for pre-order on our website:
#criminallaw
#internationallaw
#canadianlaw
#Refugee
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Happy Solstice friends. It only gets lighter from here on.
🪔🙏🏼
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Toronto Star, we are all hoping that when you are all back to work tomorrow, you will lift the paywall on all the stories that are part of this series by
@JacquesGallant
.
@TorontoStar
👇
And while we're here,
@TorontoStar
Survivor's voices are already being silenced by the justice system.. the paywall on these articles further limits people from learning about alternatives to justice.
@AnneMarieOwens
we urge you to lift the paywall on these articles. (5)
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Jimmy Carter didn't join corporate boards or give speeches for big money because he didn’t want to “capitalize financially on being in the White House.” This thread is about a truly altruistic public servant, an inspiring reminder in these times of rampant individualism.👇🏼
Jimmy Carter is a saint. We didn’t deserve him.
“Carter is the only president in the modern era to return to the house he lived in before politics—a 2-bedroom rancher at ~$167,000, less than the value of the Secret Service vehicles parked outside.”
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@Comfort_Lawyer
@DoronJGold
@RyanKniznik
@law_while_human
Perfectionism is the death of creativity because its engine is fear. Finding the balance you describe involves repeated failure- kind of like surfing. 🏄🏼♀️ But unlike surfing, in law, when you wipe out, it’s hard to believe there’s another wave. But there is, there always is.🌊
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"Civility goes beyond diplomacy and just being nice to one another. It doesn't mean avoiding conflict. This new generation of lawyers has been tasked with undoing so many historical wrongs, the weight of which can be unbearable." /4
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Looking forward to being back in the Big Smoke to present on restorative and transformative justice as an alternative to the prosecution model for sex assault cases with Jeff Carolin and Nneka MacGregor. See you there!
ONE WEEK TO GO!!
@ClaOntario
51st Annual Fall Conference in Toronto, Nov 17-18.
60 minutes EDI
1 hour 30 minutes Professionalism.
Substantive Hours: 7 hours and 50 minutes
Don't miss out!
Learn more and register now:
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I’ve been wondering when this would come up. The same person who fired Lisa LaFlamme questioned who had “approved” her decision to let her grey grow in. /1
Lisa LaFlamme ‘going grey’ questioned by CTV executive.
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This is a big deal.👇
Child protection worker's warrantless entry into home unlawful: Ontario Court of Appeal
#familylaw
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Colleagues who prosecute and defend sex assault trials: if you are bringing a 276/278 please take the complainant's lawyer's schedule into account. This falls on both of you. The process is unwieldy enough already. /1
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This is everything.
Respect queer and trans kids. Give them love, space, time, and above all an open and accepting heart and they will find their way.
❤️🌈🏳️⚧️
After over a decade of working with youth clients, I can say that giving young people space, privacy, dignity, and advocacy have been the greatest privileges of my career. I am so grateful to these young people for their courage. Yes, this is a subtweet.
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"We work in a system where so many indivduals are reminded we don't belong...The great privilege of being able to advocate for clients, to wade into conflict with humour and grace has saved me time and time again." /5
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After thanking her family and colleagues, bc she is humble and knows it takes a village, Neha said, "I have lain awake so many nights worried I am not enough for my kids. That I am not enough for my clients. That I am not enough for other lawyers and this profession."/2
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If you don’t already follow
@the_TI_Lawyer
and you’re thinking about the events of this weekend in Sask, there is a lot of wisdom in her work and the teachings she shares.
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"When I think about civility and professionalism, I wonder how to balance traditional notions of civility with our collective need to challenge systemic issues plaguing our justice system and the status quo. And I wonder if I am enough for this task."/3
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This winter holiday may you and your loved ones be safe. May you eat joyfully and rest prodigiously. May a moonlit winter night forest fill you with wonder. May you know you are loved.
❄️🤍Merry Christmas from Fox, Badger, Hedgehog, Tawny, Me and the Deer!🤍❄️
Hope you all have a lovely winter holiday, eat far too much, lie in everyday and find time to sit in a woodland and stare at the moon xxx
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Duty counsel in NWT remote bail court this week. Yestreday my phone rang (muted) over and over during the first hour of court. At the break I'd 17 missed calls from people in custody & families. As I called then back I would get 2-3 other calls at the same time.
#AccessToJustice
Today's Poetry Thread: COMFORT
This poem by Robert Bly has such power to comfort us in challenging times. Feel free to add poems.
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Since the government introducted pub ban amendments in Bill S-12, I've been working on draft amendments with
@MegStephensLaw
,
@NAWL_ANFD
@LEAFNational
@farrahsafiakhan
@pamelacross541
@CAEFS_ACSEF
@EndViolenceCA
@AmendPubBanLaws
@MorrellAndrews
.
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The accused wisely didn't waive his extradition - he consented to committal which triggered a series of rights and protections he must have decided he wanted after he was able to speak confidentially to one of the best lawyers in the country, for free. /6
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I am voting for Gerald Chan and I hope you will too. I have known Gerald a long time. He is honest, ethical, hardworking and so smart. He is the kind of lawyer I want in Convocation. Vote for him, and the
@BGG_Coalition
. Good governance.
Bencher election website launched! I hope to receive your support for my campaign and that of the
@BGG_Coalition
. Voting begins the third week of April 2023 and ends 5pm April 28.
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I think you know how this ends, don't you? When I arrived there was a jolly, portly fellow with white hair who said, "Oh hello, you must be Robin. Frank told me you needed some help." Clay proceeded to charm the judge & the accused got some very good free legal advice. /5
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We do not need to police these lawyers. The LSO is already on the job. What we need to do is extend kindness. We need to do better as mentors. We need a culture where help, not judgment, is a phone call or a tweet away. /5
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@EmilioLees
Radical Q: does anyone ask the students or actually autistic folks what they need to self regulate? I am 100% certain it is not that brightly lit with humming halogen migraine inducing coloured sensory nightmare.
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Last election tweet. Prof Farrow, "One group of lawyers is interested in strong regulation and really improving the diversity of our profession. On the other side is a group of lawyers...who resonate a lot like the populist US political rhetoric." /1
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Reviewing JJ yet again and reflecting on how the court might benefit from the same page limits they impose on counsel.
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Still wearing my mask at the gym- and wondering if it’s training my VO2? Because when I lift in my friend’s garage without it I notice huge bumps in performance- like when I would take off the extra swim suits / T shirts I trained in for races…?
@lawandchocolate
@Comfort_Lawyer
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@SettleWithMitch
God forbid we keep something that improved the quaility of life for many, reduced the length of the workday by eliminating commutes, reduced pollution, made some (many) employees happier and had zero impact on productivity.
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Trials are inherently traumatizing. We need alternatives. Crowns need to stop fighting us when we seek restorative justice for complainants. But if we are going to have trials, they must be fair and balanced. The accused must be able to challenge the evidence of his accuser. /6
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I’m pretty excited about being part of this book that’s coming out in 2023: Transnational & Cross-Border Criminal Law: Canadian Perspectives by
@irwinlaw
. I wrote about cross border Aboriginal right claims and the Sinixt, who Canada declared extinct. Spoiler: not extinct!
@MichaelJNesbitt
Worth noting that the CPIJ funded the forthcoming book to which you made such a great contribution.
...which is a little advanced advertising for Transnational & Cross-Border Criminal Law: Canadian Perspectives, forthcoming 2023 from
@irwinlaw
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This was the most wonderful collaboration of
@AmendPubBanLaws
@MorrellAndrews
@MegStephensLaw
@farrahsafiakhan
@LEAFNational
@PamHrick
@pamelacross541
@NAWL_ANFD
and so many others behind the scenes. Thank you to
@viraniarif
, David Lametti and their team incl
@LisaHJorgensen
.
Congrats to my amazing mentor
@robinparker_law
, and the survivors who spearheaded this effort, for successfully changing this law for the better.
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The officers who killed Tyre Nicholas we part of a special unit designed to prevent crime. It is difficult to believe this unit was called SCORPION "Street Crimes Operation to Restore Peace in our Neighborhoods." Do you know the fable? /1
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