I tried posting this as a comment to David's last post, but it wouldn't go through because of its length and number of links. Due to the pressing and important nature of the issue I decided to re-post it here.

Mr. Santa Claus is wanted for questioning for tax evasion, and nobody is quite sure why there are no export tariffs on his goods. Canada, the U.S., Russia, Denmark and Norway are all laying jurisdictional claim to Santa's home, and sorting out the conflicting legal systems have proven to be a mess.

Human rights groups have protested that his secret "workshop" actually depends on sub-standard work conditions and a captive ethnic minority workforce. There have been reports that Santa has illegally discouraged the unionization of his elves.

Santa is also wanted for allegedly breaking and entering into several million homes in violation of s. 348 of the Criminal Code. Although there is preliminary evidence indicating that Santa may have actually left the premises with less than what he entered with, a presumption exists in sub (2) that he had the intent to commit an indictable offence.

Due to the tough economy there has been a scarcity of cookies and milk, prompting Santa to allegedly break into a grocery store in Newfoundland. The RCMP are looking for witnesses.

A company in the U.K. is claiming that they own the "Santa Claus" trademark. Despite protests by experts that it's already part of the public domain, the U.S. Patent and Trade Office added the term in 2000 to a list of recognized trademarks. Older establishments, including a St. Nick, are also laying claim to the name.

Separate claims are pending for patent infringements on digital wish lists. Authorities are also warning consumers of a Santa Scam, where criminals are posing as Senior Elves to defraud the public by sending them money. Intelligence experts insist that Elves remain the largest national security threat worldwide.

The public remains highly sympathetic to Santa. His defenders are claiming that he is actually a victim of identity theft here, and that he suffers from obesity, type 2 diabetes, clinical depression, and is an alcoholic.

Considering all his problems, it appears as if Mr. Claus may require immediate legal counsel. He doesn't have much liquid assets, so you may have to settle for a gift as compensation, even if it's just a black piece of coal.

Any takers?

Omar Ha-Redeye is a Toronto lawyer focusing on health law and reputation management. He has a background in Nuclear Medicine Technology, Health Management and Public Relations.
[click on the author's name for more information]

up

2 Comments on “Pro Bono Project for the Season”

  1. Santa may need legal assistance, but I see he already has PR folks working on his behalf. See this social media press release from Santa's Workshop that is already pumping out some responses to various allegations. See especially:

    Nintendo Withdraws Patent Suit Against Santa’s Workshop
    North Pole Partners Fight Copyright Infringement and
    Reindeer Labour Dispute Resolved

  2. I've always said that a litigation strategy and media strategy go hand in hand.
    Good to see him fighting back.

SlawTips      

SlawTips Top 10 Financial Errors: #9 Avoid Having a Written Office-Sharing or Partnership Agreement
Thursday, February 9

Max Amsterdam once said: “Business is the art of extracting money from another man’s pocket without resorting to violence.” The purpose of having a written agreement between all … »»

Practice

SlawTips Open Access Journals
Wednesday, February 8

There is good leagal content that doesn’t necessarily come in the neat packages that we usually look in.  Though our commercial legal database subscriptions have linked, vetted, edited, and easily. […] »»

Research

SlawTips Use join.me to Get on the Same Page Across the Web
Wednesday, February 8

When you need to collaborate on a document displayed on your screen, it’s great to have a colleague from down the hall come into your office and look over your … »»

Technology

noted on Slaw    

MLB Selected Case Summaries    

These summaries of selected recent cases are provided each week to Slaw by Maritime Law Book.
More information.

  • Banks and Banking - Liability of banks to third parties - Negligence - General

    The plaintiffs were the former shareholders of a company that failed. They sued the defendant bank alleging that it breached its contract with the company and the plaintiffs and breached a duty ...

  • Actions - Cause of action - General principles - New or extended cause of action - Opening of floodgates

    The plaintiff and defendant worked at different branches of the same bank. The defendant’s common-law husband was the plaintiff’s ex-husband. Over a four year period, the defendant ...

  • Aliens - Definitions and general principles - Immigration consultants

    The Canadian Society of Immigration Consultants (CSIC) had been designated as the sole regulatory body of immigration consultants in Canada from 2004 until June 2011. On June 30, 2011, Bill C-35 came into force, which significantly amended ...

  • Criminal Law - Sexual offences, public morals and disorderly conduct - Public morals - Obscenity - Possession of child pornography

    The accused was convicted of making child pornography available and two counts of possession of child pornography (see [2010] Sask.R. Uned. 197). Subsequently, he was sentenced ...

  • Criminal Law - Procedure - Charge or directions - Jury or judge alone - Directions regarding pleas or evidence of witnesses, co-accused and accomplices

    Rowe was convicted by a jury of five offences. He appealed.

    The Ontario Court of Appeal allowed ...

  • Narcotic Control - Offences - Possession - General

    The accused wished to access marijuana for medicinal purposes but did not have an authorization to possess marijuana issued under the Marihuana Medical Access Regulations. He was notified that a package of marihuana addressed to him had been ...

  • Narcotic Control - General - Legislation - Exemptions - Medicinal marijuana

    McCrady, who had an application pending under the Marihuana Medical Access Regulations (MMAR) to possess and grow marijuana, was convicted of possession of marijuana (Controlled Drugs and Substances Act (CDSA), s. 4(1)). Hearn pleaded guilty ...

  • Criminal Law - Sentence - Trafficking in hashish or marijuana (incl. possession for purposes of trafficking)

    The accused pleaded guilty to one count of possession of marijuana for the purpose of trafficking. He was sentenced to 30 days’ imprisonment to be served intermittently and 11 months’ ...

  • Municipal Law - Powers of municipalities - Particular powers - Imposition and collection of taxes or fees 

    Catalyst Paper Corp. operated a paper mill in the District of North Cowichan. Catalyst objected to the tax rate that it paid compared to residential ratepayers. In 2009, the ...


law foundation icon

The re-development
of Slaw is assisted by
a grant from the
Law Foundation of Ontario

TalkLaw/ParLoi    

This is a listing of a few upcoming events in Canada of interest to lawyers, law students, legal librarians, and others involved in the practice of law.

Clicking on any event in the list below will give you access to more information and to links allowing you to see the full entry and to add the event to your own calendar.

Click this link for a fuller version of the TalkLaw/ParLoi calendar of events and for instructions as to how to add events and calendars to your own calendar.

Switch to our mobile site