Each Monday we present brief excerpts of recent posts from five of Canada’s award-winning legal blogs chosen at random* from forty-one recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible.
Rule of Law
Supreme Court of Canada Will Hear Appeal on Constitutionality of B.C.’s Court Hearing Fees
As I previously wrote here, Mr. Justice McEwan held in Vilardell v. Dunham, 2012 BCSC 748, that the hearing fees charged by the Province of British Columbia for hearings in the B.C. Supreme Court are unconstitutional. The represent an impermissible barrier to access to the courts. The Court of Appeal reversed, holding that the fees were constitutional. I wrote about the Court of Appeal decision here. On September 12, 2013, the Supreme Court of Canada granted leave to the Trial Lawyers Association of British Columbia to be added as a party and for the appeal to be heard by the Supreme Court of Canada. The style of cause is The Trial Lawyers Association of British Columbia v. Attorney General of British Columbia (B.C. . . .
The Copyright Pentalogy Book: An Open Access Success Story
Readers of this blog will know that earlier this year the University of Ottawa Press published The Copyright Pentalogy: How the Supreme Court of Canada Shook the Foundations of Canadian Copyright Law, an effort by many of Canada’s leading copyright scholars to begin the process of examining the long-term implications of the copyright pentalogy. The book is available for purchase and is also available as a free download under a Creative Commons licence. The book can be downloaded in its entirety or . . .
Doorey’s Workplace Law Blog
Charter Right to Strike Off to the Supreme Court
It’s not very surprising that the Supreme Court of Canada has agreed today to hear an appeal from a Saskatchewan Court of Appeal decision finding that Section 2(d) of the Charter [Freedom of Association] does not protect a right to strike. The Saskatchewan Court of Appeal essentially punted the issue to the SCC, finding that while there may be good reason to believe that the Charter does protect a right to strike in some form, it’s not appropriate for a lower court to rule so. Since the SCC ruled in 1987 that . . .
Slater Vecchio Connected
Supervising an ‘L’ or ‘N’ Driver? Don’t Drink!
A 64-year-old grandfather was charged with impaired driving after letting his grandson, a learner driver, get behind the wheel. Peter Norman had a few beers while gardening with friends. Later in the day, Norman’s grandson asked if he could drive to a nearby store for groceries. On their way back, they were stopped at an RCMP road check. “They pulled me out of the car and gave me a breathalyzer,” said Norman. “I was put in the back seat of the police car. They took my licence away right there … then the tow truck showed up.” . . .
Off the Shelf
Open Access & Legal Scholarship
Open access is an important thing to think about whenever you are creating or consuming scholarship. And it’s not important just because it happens to be Open Access Week. Richard A. Danner talks about the importance of legal scholarship in his article, “Open Access to Legal Scholarship: Dropping the Barriers to Discourse and Dialogue.” “Legal scholarship is written to discuss, explain, and analyze the law, and to point researchers toward pertinent authorities in the sources . . . ”
*Randomness here is created by Random.org and its list randomizing function.