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Archive for January, 2014

Quebec Charter of Values Receives Further Critique by Legal and Political Organizations

Although Quebec’s Bill 60 is before committee it is already coming under immense scrutiny by the public and legal experts. This week two reports were leaked to La Presse, prompting the opposition Liberals to demand disclosure of the legal opinions behind the Parti Québécois initiative to enact a Charter of Values.

The legal opinions are likely to be protected by parliamentary privilege, and Bernard Drainville, the Minister responsible for Democratic Institutions and Active Citizenship, still appears confident that the Bill will pass constitutional challenges. Once again, he cited the support offered for the Bill by former Supreme Court Justice, Claire . . . [more]

Posted in: Substantive Law: Legislation

Summaries Sunday: Supreme Advocacy

On one Sunday each month we bring you a summary from Supreme Advocacy LLP of recent decisions at the Supreme Court of Canada. Supreme Advocacy LLP offers a weekly electronic newsletter, SupremeAdvocacyLett@r, to which you may subscribe.

Summary of all appeals and leaves to appeal granted (so you know what the S.C.C. will soon be dealing with). For leaves, both the date the S.C.C. granted leave and the date of the C.A. judgment below are added in, in case you want to track and check out the C.A. judgment. (Dec. 14 – Jan. 16, 2014 inclusive).

APPEALS

Copyright: Compensatory . . . [more]

Posted in: Summaries Sunday

Summaries Sunday: SOQUIJ

Pénal: Lorsque la demande d'exclusion de la preuve est rejetée dans un dossier de conduite avec une alcoolémie supérieure à la limite permise, l'accusé se retrouve dans la même situation que s'il n'avait pas invoqué la Charte canadienne des droits et libertés et, dès lors, l'enseignement de Rilling c. R. (C.S. Can., 1975-06-26), SOQUIJ AZ-76111072, [1976] 2 R.C.S. 183, s'applique; ainsi, le certificat d'analyse est recevable en preuve et la présomption d'identité prévue à l'article 258 (1) c) C.Cr. s'applique (C.A.).
Posted in: Summaries Sunday

C’monnnnnn – Justice Laws Fail

I’m on for a little rant today but this is significant topic, courtesy of one of my LRW students conducting some research on the Nadon appointment to the SCC (on the plus side this does drive home the point I continually try to make that you cannot exclusively rely on one source or the web all the time). Interestingly, I thought we were getting rid of all the print government publications because the Interwebs are so much more efficient and effective? Well try and find SC 2013, c 40 which received Royal Assent on December 12, 2013, over a month . . . [more]

Posted in: Legal Information: Information Management, Legal Information: Libraries & Research, Substantive Law: Legislation

The Friday Fillip: Sublime and Ridiculous

There’s a fine line between the sublime and the ridiculous. Often it’s simply a matter of stepping outside an idea and looking back: to take an example, hockey — or sex, if you’d prefer that — is both an exciting target for one’s passion and a profoundly silly way for grownups to disport themselves.

I feel that way to some extent about flying. I’ve been doing it for what seems to be to be a long long time, from the days of partly pressurized DC-3s, though Super G Constellations, Vickers Viscounts and Boeing 707s, on to the airliners of today. . . . [more]

Posted in: The Friday Fillip

2013: A Retrospective With No Top Ten List

As I write this column, 2013 is winding toward its close. Like most years in the 21st Century, it was filled with innovations in information. The changes accelerate as time passes. Current undergraduates view the world before the coming of WiFi, iPhones and social media like for those born after electricity was brought to the masses. How did people live before the change? Who cares? Much is being gained, much is being lost. As Charles Dickens put it, it was the best of times, it was the worst of times. I will recap the year with one gray story, . . . [more]

Posted in: Legal Information

F. Tim Knight

The perceptive among you will have noticed that Slaw has a new blogger. Tim Knight has joined us, and though he may not be able to start the planned regular blogging until some time in the Spring, he’s likely to post a few entries between now and then. (Tim’s first entry was just posted moments ago.)

Tim is Associate Librarian and Head of Technical Services at the impressive Osgoode Hall Law School Library and has worked as a librarian at the Great Library and at the Ontario Institute for Studies in Education. We’re particularly glad that he’s joined us, because . . . [more]

Posted in: Administration of Slaw

Protecting Yourself From Cybercrime Dangers: Secure Your Mobile Devices to Protect the Data on Them

Cybercrime dangers are many, complex and ever-changing. Hardly a day goes by without another news report of a data breach or other cyber-related scam or theft. Cyber criminals have considerable resources and expertise, and can cause significant damage to their targets. Cyber criminals specifically target law firms as law firms regularly have funds in their trust accounts and client data that is often very valuable. This article, from the December 2013 issue of LAWPRO Magazine, reviews the specific cybercrime dangers law firms need to be concerned about, and how they can mitigate their risks.

Lost or stolen laptops, smartphones . . . [more]

Posted in: Technology

Net Neutrality Neutered?

The concept of ‘net neutrality’ has taken a hit in the United States. As reported by Ian Chant in the Library Journal on Tuesday the Washington, D.C. Circuit Court of Appeals has ruled that the Federal Communications Commission (FCC) “overstepped its bounds as a regulator in putting those rules in place.”

In the decision to Verizon vs. Federal Communications Commission, Circuit Judge, David S. Tatel opens with this statement:

For the second time in four years, we are confronted with a Federal Communications Commission effort to compel broadband providers to treat all Internet traffic the same regardless of source—or

. . . [more]
Posted in: Technology: Internet

Ode to the Class of 2014

I’m again teaching at the University of Ottawa Law School during its unique January term in which students take one course for three hours per day. We discuss how the practice of law is irreversably transforming and how they’re going into the worse articling market in history with a pilot LPP program that is being set up for failure by Benchers who delayed the LPP decision far too long.

Layer on top of that, technology that reduces the number of lawyers needed for certain tasks, the conflict between hours targets and the “do more for less” challenge, alternative legal providers, . . . [more]

Posted in: Practice of Law, Practice of Law: Future of Practice, Practice of Law: Practice Management, Technology

Ontario Privacy Commissioner Releases BYOD Policy Whitepaper

To provide guidance on organizational mobile development strategies, Ontario’s Information and Privacy Commissioner, Dr. Ann Cavoukian, along with TELUS, explore the options for workplaces in a new white paper, Bring Your Own Device: Is Your Organization Ready?
Posted in: Miscellaneous, Technology, Technology: Internet, Technology: Office Technology

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