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Monday’s Mix

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.

This week the randomly selected blogs are 1. Timely Disclosure 2. Legal Feeds 3. Excess Copyright 4. Global Workplace Insider 5. Administrative Law Matters

Timely Disclosure
CSA to Combine IIROC and MFDA in a Single Self-Regulatory Organization

On August 3, 2021, the Canadian Securities Administrators (CSA) announced their plan to “consolidate the functions” of the Investment Industry Regulatory Organization of Canada (IIROC) and the Mutual Fund Dealers Association of Canada (MFDA). The consolidation will create a new single self-regulatory organization (New SRO) with the goal of providing enhanced regulation of the investment industry. …

Legal Feeds
N.S. decision on use of Impact of Race and Culture Assessment expected to have national impact

A Nova Scotia appellate court decision on sentencing Blacks could have ramifications across the country, says a counsel for the intervener. “I think it’s a ruling of national importance, because it requires judges to reckon with the impact of Canada’s history of anti-Black racism and over incarceration before determining [a] sentence for Black people,” says Faisal Mirza, who acted as counsel for the Criminal Lawyers’ Association before the Nova Scotia Court of Appeal. …

Excess Copyright
Blacklock’s Attempt to Block Resolution of Its Litany of Litigation

Blacklock’s is trying to block the efforts of the Attorney General of Canada (“AGC”) to seek via a counterclaim a summary judgment ruling that might end the seemingly endless litigation attempts by Blacklock’s going back to about 2014 and its attempt to refloat its definitive defeat on fair dealing via a new claim based on Technical Protections Measures (“TPM”). …

Global Workplace Insider
COVID-19 Safety Plans vs. Communicable Disease Plans: Have you Caught the Differences?

On July 1, 2021, British Columbia enthusiastically took the next step in its four-step COVID-19 Restart Plan. The transition to Step 3 brought several changes, including the transition for employers to move away from the previously required COVID-19 Safety Plan to the now required Communicable Disease Plan (“CDP”). …

Administrative Law Matters
The Effect of Declarations of Unconstitutionality in Canada

The Supreme Court of Canada is scheduled to hear the appeals in R. v. Sullivan and R. v. Chan this fall. These appeals from the Ontario Court of Appeal concern the constitutionality of s. 33.1 of the Criminal Code, which limits the defence of automatism. The hearing may be delayed to accommodate the appellants in R. v. Brown, a decision of the Alberta Court of Appeal taking the contrary view on the constitutional question. …

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*Randomness here is created by Random.org and its list randomizing function.

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