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

Open Access, Free Access to Law and Access to Canadian Legal Scholarship (Part 2)

[This is the second of a two-part column on open access and public access to Canadian legal scholarship. The first part is available here.] There is an overwhelming public good and social benefit to be obtained from open access publishing. The principle that the results of research that has been publicly funded should be freely accessible in the public domain is itself a compelling one, and fundamentally unanswerable. Arguments in support of man...
Posted in: Legal Information

Does Open Access Publication Help or Hinder Legal Scholarship?

The latest issue of the Lewis & Clark Law Review is devoted to the implications of open access publication for legal scholarship, for law reviews and for access to legal information. Serious issues which we might well consider exploring more fully in future posts on Slaw. SYMPOSIUM: OPEN ACCESS PUBLISHING AND THE FUTURE OF LEGAL SCHOLARSHIP Foreword: Why Open Access to Scholarship Matters Joseph Scott Miller 10 Lewis & Clark L. Rev....
Posted in: Miscellaneous

Open Access, Free Access to Law and Access to Canadian Legal Scholarship (Part 1)

[This is the first of a two-part column on open access and public access to Canadian legal scholarship within the free law movement. This week (October 21-27, 2013) is International Open Access Week. This annual global event, now entering its sixth year, is organized by the Scholarly Publishing and Academic Resources Coalition (SPARC) of the Association of Research Libraries (ARL) to promote the goals of Open Access to the public generally but e...
Posted in: Legal Information

Fiduciaries’ Access to Digital Assets

...n done in the United States, notably through the Uniform Law Commission’s Drafting Committee on Fiduciary Access to Digital Assets. The ULC Committee is developing a Uniform Act on the topic, known familiarly as FADA. This note explains the key issues on the table for the ULC Committee and asks if a similar effort should be undertaken in Canada. The U.S. Draft Uniform Act What fiduciaries? The ULC Committee’s draft bill deals with fou...
Posted in: Legal Technology

Access to Justice Reports Released

Earlier this month, Kirk Makin of the Globe and Mail scooped an announcement of a major set of Reports on Access to Justice in Civil and Family Matters, an inititaitive that started with the Chief Justice’s challenge to the Canadian Bar Association last summer. The four Reports from Working Groups chaired by Justice Thomas Cromwell were officially released this morning: Backgrounder Report of the Court Processes Simplification Working Gro...
Posted in: Justice Issues, Legal Information, Practice of Law: Future of Practice, Reading: Recommended, Technology: Internet

Bill C-12 and “Lawful Authority” Under PIPEDA

...” to obtain the information; in the view of this Court s. 7(3)(c.1)(ii) by itself does not establish what that “lawful authority” is. Another interpretation is that “lawful authority” requires statutory authority, such as the proposed new law mandating warrantless access to subscriber data. But if by “lawful authority” the legislature meant only “statutory authority”, it could and would have used that term. It must be presumed that the legislatur...
Posted in: Substantive Law: Legislation, Technology

Open Access and Academic Reputation

Open access is an initiative that seeks to find ways of making the journal literature published online freely available to readers. It is having the effect of not only taking us a step closer to the ideal of universal access to the knowledge needed to advance knowledge, but it is also altering, if every so slightly, the traditional means by which reputations are established and maintained within academic life. About twenty percent of the researc...
Posted in: Legal Publishing

Access to Justice Fatigue

I hope JP Boyd was right when he recently suggested there is a growing fatigue with the subject of access to justice in Canada. Boyd has recently launched a blog on the subject (lauded here on Slaw) that focuses on concrete steps lawyers and other stakeholders can take to increase access to justice in small but significant ways. If there is growing weariness, I expect some of that is generated by those on the frontlines who continue to slog forw...
Posted in: Justice Issues

Access to Justice Commissions: Learning to Work Collaboratively on Difficult Justice Problems

Two weeks ago, the Action Committee on Access to Justice in Civil and Family Matters released the Colloquium Report. This document captures the action-oriented strategies, reforms and innovations from leaders in the access to justice field in response to the recommendations made by the Action Committee in their final report, A Roadmap for Change (see a SLAW summary here). One of the institutional and structural goals discussed in the Colloquium...
Posted in: Justice Issues

The Access to Clothing Crisis

Access to Clothing [1] is a complex issue that seems almost impossible to effectively address. Some consider it one of our most pressing issues [2] . The well-off continue to be able to afford appropriate clothing for all occasions. The least fortunate amongst us are able to access free or subsidized clothing to be worn during the most important events in their lives. The middle class cannot afford to purchase clothing at all. To the great disc...
Posted in: Legal Ethics

Indian Kanoon: Sushant Sinha on Innovation and Free Law in India

Indian Kanoon, Dr. Sushant Sinha‘s innovative free-access-to-law service for India, has recently received attention from several sources in the technology world. First, Indian Kanoon (the Hindi word “kanoon” means “law”) has been included by La Chaire en information juridique de la Faculté de droit de l’Université de Montréal in its IDRC-funded global study of the sustainability of free-access-to-law services....
Posted in: Legal Information

Is Lawful Access Legislation a Good Thing?

Flags are being raised by numerous privacy experts about expected federal “lawful access” legislation. This legislation–expected to be reintroduced–was last seen in the 40th Parliament, 3rd session, which ended March 26, 2011 and includes: Bill C-50 – Improving Access to Investigative Tools for Serious Crimes Act Bill C-51 – Investigative Powers for the 21st Century Act Bill C-52 – Investigating and Pre...
Posted in: Substantive Law: Legislation, Technology: Internet