Canada’s online legal magazine.

Search Results

Your search for “lawful access ” has returned the following results:

Cannabis Legalization Report

On November 30, 2016, the Task Force on Cannabis Legalization and Regulation released their final report which contains more than 80 recommendations to governments on how to better promote and protect public health and safety, especially among young Canadians. Particularly, the Task Force recommends: establishing a minimum age of access and restrictions on advertising and promotion; well-regulated production, manufacturing and distribution that...
Posted in: Miscellaneous, Substantive Law, Substantive Law: Legislation

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 seventy 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. Startup Source 2. Michael Geist 3. BC Injury Law and ICBC Claims Blog 4. AvoidAClaim 5. Blogue du CRL Startup Source Alberta’s New...
Posted in: Monday’s Mix

Volkswagen, Legal Advice and the Criminal-Communication Exclusion to Confidentiality and Privilege

Verna Milner What if the lawyer(s) didn't understand the technology nor the implications of the technology and said something to the effect of: "To the best of my understanding what you're explaining to me appears to be legal." The client walks away with the belief that their proposal is lawful. Would the lawyer then be found to be condoning the proposed action? David Interesting analysis and highlighting of concerns. Might the likelihood (or...
Posted in: Legal Ethics

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 sixty 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. Michael Geist 2. Youth and Work 3. Blogue du CRL 4. Library Boy 5. Barry Sookman Michael Geist Why Does the Ontario Provincial Police Still...
Posted in: Monday’s Mix

US Supreme Court Clarifies Law on Warrantless Cell Phone Searches. Will the Supreme Court of Canada Follow?

Lower courts in both Canada and the US have been deeply divided on the application of their respective Supreme Courts’ precedents on whether the police need a warrant to search the contents of a smart/cell phone seized during a lawful arrest. On June 25, 2014, the US Supreme Court unanimously settled US law in Riley v. California, No. 13-132. The court found that privacy interests at stake outweigh any legitimate governmental interest, absent...
Posted in: Case Comment, Substantive Law: Foreign Law, Substantive Law: Judicial Decisions

Contingency Fee Lawyers Are Not Venture Capitalists

The Court of Appeal for British Columbia released a scathing judgment in Mide-Wilson v. Hungerford Tomyn Lawrenson and Nichols on New Year’s eve, upholding a Supreme Court decision earlier in the year which had reduced legal fees in a contingency arrangement from nearly $17 million to $5 million, in the interest of maintaining the integrity of the legal profession. The decision has implications for the understanding and application of...
Posted in: Practice of Law: Practice Management, Substantive Law: Judicial Decisions

Draft Practice Standards on Timekeeping and Law Firm Data: Nova Scotia

The Nova Scotia Barristers’ Society is currently seeking input from lawyers on two proposed new practice standards. The draft standards, proposed by the Law Office Management Committee, relate to lawyers’ responsibilities in the areas of timekeeping and data maintenance: TIMEKEEPING 1. A lawyer’s accounts must be fair, reasonable and lawful. a) The assessment and reasonableness of a lawyer’s account will depend on many factors, of...
Posted in: Practice of Law, Practice of Law: Marketing, Practice of Law: Practice Management, Technology, Technology: Office Technology

Government Open Data

Last Thursday, the Edmonton Law Libraries Association welcomed Mark Diner, Chief Advisor, Open Government and Transparency, Service Alberta to give a presentation on Alberta’s Open Data initiative. Mark is best introduced with a blog post he wrote this summer about the, then new, Open Data Portal. The Alberta Open Data initiative is supported by an Open Government Licence. Individuals are free to: 3.Copy, modify, publish, translate,...
Posted in: Legal Information: Information Management

Law Reform Commission Reports: Recent Releases

I like to look for law reform commission reports when doing legal research. Law commissions consult widely with stakeholders, sometimes compare how other jurisdictions have dealt with the same problem and they frequently dig into the history of an issue. Here are a few reports released in the past few weeks. Alberta Law Reform Institute Final Report on Estate Administration: “In our Final Report on Estate Administration, ALRI makes a...
Posted in: Legal Information: Libraries & Research

Privacy of Employee Information in Employer’s IT Tools: BC Appeals Court Applies Cole

The issue of the degree of protection for the privacy for personal information of an employee stored on devices (usually information technology tools such as laptops, smart phones, etc.) of the employer has been considered by the Courts. The Supreme Court in R. v. Cole [i] addressed such a case. In R. v. McNeice [ii] , the British Columbia Court of Appeals had the occasion to add their own thoughts in a similar case in which they applied the...
Posted in: Intellectual Property

Consolidating Labour Legislation: Proposed Saskatchewan Employment Act

On December 4, 2012, the Saskatchewan government tabled Bill No. 85, An Act respecting Employment Standards, Occupational Health and Safety, Labour Relations and Related Matters and making consequential amendments to certain Acts (hereinafter referred to as the Saskatchewan Employment Act) in the hope of consolidating 12 employment and labour-related laws, restructuring existing provisions, eliminating inconsistencies, and more accurately...
Posted in: Substantive Law, Substantive Law: Legislation

Access to Server Data for Foreign Criminal Investigative Purposes

The impacts of privacy sensitivities continue to expand and affect all manner of technology and other transactions transactions. Canada and the United States have a long healthy and constructive relationship in providing assistance to the law enforcement agencies of each country in the investigation of cross boarder criminal activity. Canada has, with the United States and with other countries a series of mutual cooperation arrangements...
Posted in: Intellectual Property