Lawyered - The Podcast

NEW EP ✨ WHITE COLLAR CRIMINAL LAW On this episode, we're chatting about white collar criminal law with British Columbia business litigator and defense lawyer, Chilwin Cheng. Topics: Mens rea for corporate directors' secondary liability, search warrants for IP addresses, & health and safety obligations for project owners. Episode links in comments 👇🏾 ⚫ What is the mens rea element when corporate directors are charged with secondary liability offences? (10:14) ⚫ What are the implications of the new requirement for police officers to obtain a warrant to access IP addresses? (19:11) ⚫ Who bears the ultimate liability when a project owner hires a contractor to manage a project? (29:24) ⚫ Our Ask-Me-Anything segment, featuring questions submitted by patrons of the Lawyered community (37:05) 🔵 What are the differences that a lawyer faces in representing a person accused with white collar crimes as opposed to other kinds of crimes? (37:43) 🔵 What governmental and policy steps have been the most effective in combatting money laundering? (40:37) 🔵 Given the concerns regarding insider trading, is being offered the option of employee stock options a meaningful benefit? (44:14) 🔵 What can you say about the popular perception that white collar criminals can "pay their way" out of criminal consequences? (46:06) 🔵 How do we bridge the gap between white collar crimes and the people they impact? (49:33)

NEW EP ✨ TRANSPORTATION LAW This week, we're getting a move on with a conversation about transportation law, featuring Heather Devine, the Chief Legal Officer of TRAFFIX. Topics: Ontario's new regulation of the towing sector, carrier confirmation sheets and new Competition Act merger rules.  [Episode links in comments] ⚫ How is the Ontario government working in addressing the criminal activities and enhancing public safety in the towing industry? (7:04) ⚫ How do the principles of offer and acceptance apply to the "industry standard" forms known as carrier confirmation sheets? (15:25) ⚫ How will the new Competition Act merger rules impact the trucking and transportation sector? (23:16) ⚫ Our Ask-Me-Anything segment, featuring questions submitted by patrons of the Lawyered community (31:52) 🔵 How will the Fighting Against Forced Labour and Child Labour in Supply Chains Act impact the logistics and transportation space? (32:33) 🔵 What are some practical things for transportation lawyers to consider when managing the legal risks associated with climate change and extreme weather events? (35:43) 🔵 How has the rise of e-commerce influenced transportation regulations, particularly concerning last-mile delivery services? (38:04) 🔵 What are some of the unique skills that are required when heading a legal department with a larger North American presence? (40:12)

NEW EP ✨ OIL & GAS LAW On this episode, we learn about oil and gas law from Vivek Warrier - president of the Canadian Energy Law Foundation and partner with Osler, Hoskin & Harcourt LLP's Calgary office. Topics: SCC's constitutionality decision regarding the Impact Assessment Act, emissions reduction targets, and Carbon Contracts for Difference. [Episode links in comments]   ⚫ How will large scale pipeline projects proceed in light of a new SCC constitutionality finding about the federal environmental assessment framework? (7:48) ⚫ What do we know about the federal government's proposed regulations to cap oil and gas emissions? (18:48) ⚫ How can a new tool, known as a Carbon Contracts for Difference, help to de-risk emission reduction projects? (27:20) ⚫ Our Ask-Me-Anything segment, featuring questions submitted by patrons of the Lawyered community (35:13) 🔵 What are some of the current/recent legal challenges facing major pipeline projects, like Trans Mountain? (36:00) 🔵 How have ESG (Environmental, Social, and Governance) criteria influenced investment and the legal issues in the oil and gas sector? (39:04) 🔵 How has the oil and gas sector responding to the rise in investment and public support of renewable and alternative energy sources? (42:11) 🔵 How is the rise of climate litigation affecting the legal strategies of oil and gas companies in Canada? (43:53) 🔵 What are some considerations related to indigenous co-ownership / joint ventures on oil and gas ventures on their land? (45:33)

NEW EP ✨ GENDER EQUALITY LAW This week, we're chatting with Pam Hrick - the Executive Director of Women's Legal Education and Action Fund (LEAF)- about gender equality law and the progress that remains. Topics: Quebec's Bill 21 and substantive gender equality; Saskatchewan's school pronoun policy; and coercive control as a criminal offence. This program contains 30 minutes of substantive content for the Law Society of Ontario's CPD requirements. [episode links in comments] ⚫ How could Quebec's controversial Bill 21 (banning religious symbols) engage the Charter right to substantive gender equality? (8:03) ⚫ How would a requirement to notify parents of students' preferred pronouns impact sections 7 and 15 of the Charter? (17:43) ⚫ What sorts of consequences could result from the federal criminalization of coercive control? (27:12) ⚫ Our Ask-Me-Anything segment, featuring questions submitted by patrons of the Lawyered community (37:57) 🔵 Tell us about your journey of building a legal career that involves advocating for gender equality rights. (38:35) 🔵 What do you think about the efficacy of the federal government's LGBTQ2+ Action Plan? (41:40) 🔵 How would you describe the status of gender equality within the legal profession? (44:40) 🔵 How does the concept of 'intersectionality' impact the area of gender equality law? (49:21)

NEW EP ✨ STARTUP LAW On this episode, we speak with startup lawyer, Mark Asfar-Flood (Dentons), about the fast-paced legal issues involving startups and emerging growth companies. Topics: contracts & reasonable expectations for founders; AI in the startup space; representations and warranties insurance. [Episode links in comments] ⚫ How can co-founders ensure that their written agreements reflect the true nature of their business relationships? (9:35) ⚫ How is artificial intelligence tangibly changing the startup space? (19:02) ⚫ How can representations and warranties insurance impact the negotiation process in an M&A context? (29:59) ⚫ Our Ask-Me-Anything segment, featuring questions submitted by patrons of the Lawyered community (38:45) 🔵 What are things that a startup lawyer can do to bring some order and structure to an early-stage startup? (39:22) 🔵 What factors should startups consider when deciding between different corporate structures, such as incorporation versus limited partnerships? (42:26) 🔵 How should founders approach equity distribution among co-founders, employees, and investors to avoid future legal disputes? (44:24) 🔵 What are some legal considerations for startups who are seeking venture capital or angel investment? (46:41) 🔵 What are some key ways in which the work of a startup lawyer differs from a “typical” corporate/commercial lawyer? (48:50)

This week, we're speaking about professional regulatory law, with lawyer and bencher, Rebecca Durcan (Steinecke Maciura LeBlanc)! [episode links in comments 👇🏾] Topics: BC's Bill 21 and the independence of the regulator, trauma-informed regulation; Charter values vs Charter rights; and our Ask-Me-Anything segment. ⚫ Would BC's modernization of the legal profession meaningfully impact the independence of the regulator? (9:33) ⚫ How can regulators apply principles of compassion in their treatment of registrants and complainants? (18:55) ⚫ How does a new SCC decision impact the role of Charter values in decision-making, even when Charter rights are not directly infringed. (29:18) ⚫ Our Ask-Me-Anything segment, featuring questions submitted by patrons of the Lawyered community (39:05) 🔵 What are some considerations to for regulators to apply when assessing whether and how to use their authority to discipline, revoke licenses and/or lay quasi-criminal charges? (39:42) 🔵 How does Ontario compare to other provinces/jurisdictions in terms of the degree to which professions are regulated? (41:47 🔵 How do regulatory bodies balance the right to free speech with maintaining professional conduct and standards, particularly in light of current issues involving the “culture wars”? (43:52) 🔵 What obligations, if any, do regulators owe to the professionals that they regulate? (47:26) 🔵 What are some attributes that make an organization a “modern regulator"? (51:10)

NEW EP ✨ SOCIAL JUSTICE LAW   On our Season 10 premiere, we chat about activism and social justice law issues, featuring Alexi Wood (St. Lawrence Barristers PC). Topics: "ag gag" and farm activism; retaliatory litigation; civility in the legal profession; and our Ask-Me-Anything segment. Episode links in comments 👇🏾 ⚫ How does the striking down of "ag gag" rules impact the parameters of free speech for protestors? (8:18) ⚫ How can lawyers meaningfully respond to SLAPP suits that are specifically designed to silence the voices of survivors? (18:28) ⚫ What can our profession do to renew a sense of civility and candour? (26:54) ⚫ Our Ask-Me-Anything segment, featuring questions submitted by patrons of the Lawyered community (36:53) 🔵 What are some ways in which lawyers can get involved with legal issues involving social justice, particularly if the lawyer primarily works in a corporate/commercial practice? (37:30) 🔵 How have you found public interest litigation change in the last several years? (40:49) 🔵 Do you foresee any upcoming shifts in the manner in which the law addresses issues of systemic racism? (45:06) 🔵 What are the primary barriers to access to justice for marginalized communities, and how can the legal profession address these challenges? (48:15)

Watch this space for more!

Another fantastic year and podcast season in the books. Thanks to everyone who made this possible!

NEW EP ✨ WORKPLACE INVESTIGATIONS LAW [Episode links in comments] On our Season 9 finale, we wrap up with an important conversation with Christine Thomlinson (Rubin Thomlinson LLP) about recent cases and issues in workplace investigations law. Topics: participation in toxic workplace cultures; improper investigations; duties of care owed by investigators; and our Ask-Me-Anything Program. This program contains 30 minutes of substantive content for the Law Society of Ontario's CPD requirements. ⚫ How can a complainant's participation in a toxic workplace culture impact their legal rights or entitlements? (5:20) ⚫ What best practices are available to ensure that a workplace investigation is conducted in a fair, objective, and confidential manner? (19:45) ⚫ Do workplace investigators owe a duty of care to complainants? (29:42) ⚫ Our Ask-Me-Anything segment, featuring questions submitted by patrons of the Lawyered community (40:11) 🔵 Does an employee have a legal obligation to participate in a workplace investigation? (40:55) 🔵 How can companies balance the need for transparency with the need to protect sensitive information during an investigation? (43:35) 🔵 Can you discuss the potential impact of social media on workplace investigations? (47:23) 🔵 What are the differences between internal and external investigations, and when might one be preferred over the other? (49:24) 🔵 What are some specific tactics for investigations involving high-level executives or top management? (51:59)