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Archive for March, 2011

Electronic Transferable Records

Once law reform on the topic of electronic communications had dealt with first-level issues like how to satisfy writing requirements or signature requirements electronically, people started paying attention to harder questions. One of these was how to meet a requirement that a document must be transmitted or stored as an original. 

The approach to such questions at the  United Nations Commission on International Trade Law (UNCITRAL), which has tended to lead world thinking on the subject, is to seek a ‘functional equivalent’ of what satisfies the requirement on paper. What is the function or policy purpose served by the requirement, . . . [more]

Posted in: Legal Technology

CBA Paper on Solicitor-Client Privilege

The Canadian Bar Association has released a discussion paper by Ottawa law prof Adam Dodek, “Solicitor-Client Privilege in Canada, Challenges for the 21st Century” [PDF]. Although, as Professor Dodek says, the privilege has evolved into a “quasi-constitutional right,” its future is far from clear or, indeed, secure. From the conclusion to the 50-page paper:

As the CBA’s interventions with governments demonstrate, legislative intrusions on the Privilege are frequent, possibly more so. We live in an increasingly globalized legal world and Canadian law on the Privilege differs in significant respects from other jurisdictions which are important both in terms

. . . [more]
Posted in: Announcements, Practice of Law: Future of Practice, Reading

Now We All (Sort Of) Support the United Nations Declaration on the Rights of Indigenous Peoples

Because international law supported European assertions of sovereignty over Indigenous territories beginning in the 15th century it’s appropriate for international law to deal with the issue of Indigenous rights now. The current situation of Indigenous peoples was created by international law. European nations created an international law that allowed European powers to divide up and colonize the rest of the world and profit from it. Europe exported enough of its population to at least some of the colonies in the Americas and the Pacific that when they were decolonized, Europeans or their descendants continued to govern on the basis . . . [more]

Posted in: Justice Issues