CL Talk

Canadian Lawyer Magazine

CL Talk is the official podcast of Canadian Lawyer magazine. It will hear from leaders in the legal profession in Canada and beyond. Our editorial team interviews legal leaders about topical issues affecting lawyers from coast to coast.

  1. 13 hrs ago

    Correctional Negligence: Holding Canada's Institutions Accountable

    Correctional negligence is one of the most consequential and underexplored areas of Canadian personal injury law. As scrutiny of the country's correctional system intensifies, driven by rising deaths in custody, inadequate medical care, the expanded use of solitary confinement, and a growing number of coroner's inquests, the legal obligations governments owe to incarcerated individuals have never been more relevant to Canadian lawyers. This is not a niche practice area: it sits at the intersection of constitutional rights, government accountability, and the fundamental standards of safety and human dignity that Canadians expect from their public institutions. In this episode of CL Talk, Joel Dick, a Partner at Howie, Sacks & Henry LLP in Toronto and a certified specialist in civil litigation recognized by the Law Society of Ontario, offers a thorough examination of how correctional negligence claims are built and litigated in Canada. Drawing on his experience representing individuals harmed while incarcerated, Dick explores the evidentiary challenges unique to this area of law, the legal duties the Crown owes to people in its custody, and how systemic failures translate into viable negligence claims. He also examines how coroner's inquests contribute to institutional accountability, what reforms would make the greatest difference inside correctional facilities, and why every Canadian lawyer, regardless of practice area, should care about this evolving field. Key Takeaways • How correctional negligence differs from conventional personal injury litigation, and the specific legal duties the government owes to incarcerated individuals • How these cases are investigated, built, and argued, including the evidentiary complexities that make them uniquely challenging • The systemic failures most commonly giving rise to correctional negligence claims in Canada today • What rising deaths in custody and coroner's inquests reveal about accountability gaps within the correctional system • What Canadian lawyers need to know if they are considering this area of practice, and why it matters far beyond prison walls Tune in now and gain a deeper understanding of correctional negligence, and what it means for the Canadians who need the law to work for them most.

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About

CL Talk is the official podcast of Canadian Lawyer magazine. It will hear from leaders in the legal profession in Canada and beyond. Our editorial team interviews legal leaders about topical issues affecting lawyers from coast to coast.

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