Canada’s Anti-Spam legislation (CASL) is a complex, onerous and ambiguous legislative system. The ambiguities were identified in a constitutional challenge that the CRTC acknowledged but ruled did not go to the point of undermining the legislative regime. Parliament’s 5 year review obtained considerable consultation identifying numerous compliance issues arising from the uncertainties that the law creates. The Standing Committee on Industry, Science and Technology report did identify a number of items where clarification would reduce the uncertainty with respect to the interpretation of many of the law’s provisions, as well as to avoid overly burdensome costs of compliance The government . . . [more]
Archive for May, 2018
On May 9, 2018, the Quebec government published its criteria for reasonable accommodation under an Act to foster adherence to State religious neutrality and, in particular, to provide a framework for requests for accommodations on religious grounds in certain bodies (the Act, previously Bill 62) that requires among other things, Quebecers to leave their faces uncovered in order to provide or receive public services.
Under the Act, employees and members of public bodies and certain other bodies, as well as elected persons, must exercise their functions with their face uncovered. In addition, persons who request a service from one of . . . [more]
Some in-depth investigative journalism is needed because there has been a further danger-augmenting development in regard to the creation of National Standards of Canada (NSCs) as that behavior relates to the federal government’s high profile, Budget 2017 declaration of the creation of Innovation Canada. Its Fact Sheet, Skills, Innovation and Middle Class Jobs, states inter alia, “Budget 2017’s Innovation and Skills Plan advances an agenda to make Canada a world-leading centre for innovation, to help create more good, well-paying jobs, and help strengthen and grow the middle class.”
I say “further development,” because I described that behavior . . . [more]
In the not too distant future…
“Hey Google, order me a pizza – the usual, but a large this time, and have it delivered.”
Pizza is loaded into an autonomous vehicle containing a pizza oven that cooks it on the way to me.
Autonomous vehicle texts me when 2 minutes away.
I meet it at the curb. It authenticates me using voice or facial recognition and gives me the pizza. . . . [more]
Each Wednesday we tell you which three English-language cases and which French-language case have been the most viewed* on CanLII and we give you a small sense of what the cases are about.
For this last week:
1. Patterson v. Peladeau, 2018 ONSC 2625
 On the weekend just after the jury began to deliberate, juror #1, while at his home engaged in some internet legal research. He found a regulation under the Insurance Act, known as the Fault Determination Rules. On Monday morning he discussed this regulation with the other jurors, which resulted in a jury . . . [more]
Can There Be Reconciliation in an Adversarial Process? Access to Justice, Reconciliation and the Role of the Government Lawyer
The dispute resolution processes created pursuant to the Indian Residential School Settlement Agreement (IRSSA) have been described as both significant and historical. While together, these processes represent an important shift in how we think about resolving systemic and historic mass harms, these processes also challenge us to once again ask important questions — What constitutes access to justice in certain contexts? What is the role and responsibility of lawyers in furthering access to justice in those contexts? And is that role and responsibility different for government lawyers?
The example of the independent assessment process (”IAP”) at St. Anne’s Residential School . . . [more]
Change is a reality of business. Client needs shift; legal expertise shifts due to retirements and new hires; legislation and case law create new opportunities and close down previous legal practises. Change is hard for most people, but particularly for lawyers. The lawyer personality doesn’t like change; it likes the expected, precedent and tradition. Lawyers tend to be risk-averse, and change represents risk.
Yet managing anything, be it a practice or a law firm, is all about managing change. Files conclude. Clients come and go. Volume of work fluctuates. Files have different levels of complexity. Support staff may shift over . . . [more]
Here are excerpts from the most recent tips on SlawTips, the site that each week offers up useful advice, short and to the point, on research, writing, and practice.
Research & Writing
Noting Up US Case Law in Canada
It is straightforward to find out out how a Canadian case has been subsequently treated by Canadian courts; all you need to do is note it up on Quicklaw, WestlawNext Canada, or CanLII. However sometimes you need to find out if a US case has been mentioned in the Canadian case law and this is slightly more challenging . . . [more]
Each Monday we present brief excerpts of recent posts from five of Canada’s award-winning legal blogs chosen at random* from more than 80 recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible.
Susan On The Soapbox
Mr Kenney Runs Away
The last two weeks have been particularly tiring for Mr Kenney, the leader of the UCP, he spent
The civil (private) law system serves an important function in the resolution of disputes between individuals. Essential to this resolution is some protection from outside interference by external interests. Regulation of these relationships have changed over the years, where work would be done in advance by a lawyer on a promise of recovery, but is still limited in many ways across Canada.
The common law prohibited champetry, bargains by a stranger to a suit in consideration of proceeds; maintenance, meddling in a suit by maintaining or assisting a party; and barratry, an offence of exciting and stirring up quarrels in . . . [more]
Every week we present the summary of a decision handed down by a Québec court provided to us by SOQUIJ and considered to be of interest to our readers throughout Canada. SOQUIJ is attached to the Québec Department of Justice and collects, analyzes, enriches, and disseminates legal information in Québec.
PROTECTION DU CONSOMMATEUR : La juge de première instance n’a pas erré en concluant que Vidéotron a commis une pratique interdite en omettant d’expliquer clairement à ses abonnés la méthode de calcul des frais liés au Fonds pour l’amélioration de la programmation locale; toutefois, les dommages punitifs qu’elle doit verser . . . [more]
Periodically on Thursdays, we present a significant excerpt, usually from a recently published book or journal article. In every case the proper permissions have been obtained. If you are a publisher who would like to participate in this feature, please let us know via the site’s contact form.
Authors: Susan Lang , Nancy Morrison, Lise Maisonneuve, Danielle Coté, Iona Jaffe, Kim Pate, Jennifer Briscoe, Catherine Dunn, Kaysi Fagan, Deborah Hatch, Karen Hudson, Barbara Jackman, Lucie Joncas, Susan Kyle, Jill Presser, Rosellen Sullivan, Jennifer Trehearne
Foreword by: . . . [more]