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Cannabis Legalization Report

...drug type “marijuana” as well as industrial hemp. The Task Force was given a mandate to consult and provide advice to the Government of Canada on the design of a new legislative and regulatory framework for legal access to cannabis, consistent with the Government’s commitment to “legalize, regulate, and restrict access”. In carrying out the mandate, the Task Force was asked to engage with provincial, territorial and...
Posted in: Miscellaneous, Substantive Law, Substantive Law: Legislation

Monday’s Mix

...gh-growth companies, while still providing appropriate investor protection. … Michael Geist Lawful Access is Back: How the Government Quietly Revived Canada’s Most Controversial Privacy Issue The controversial issue of lawful access rules, which address questions of police use of Internet subscriber information and interception capabilities at Canadian telecom companies, has long been played down by Canadian governments. When policy...
Posted in: Monday’s Mix

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

...the activity needs to be before the exclusion is triggered. In his excellent treatise Solicitor-Client Privilege, Adam Dodek explores the case law that considers whether the activity must be criminal/fraudulent, or merely unlawful, to be excluded, concluding that at minimum the unlawful activity must involve intentionality for it to fit within the exclusion – e.g., unintentional torts and breach of contract would not fit within the exclusion...
Posted in: Legal Ethics

Monday’s Mix

...lice comments at the Standing Senate Committee on Legal and Constitutional Affairs hearing on Bill C-13 that were sharply critical of online anonymity. The same hearing was notable for additional comments from the OPP on the lawful access bill. The comments, which came in the opening statement, suggest that one of Canada’s largest police forces is simply unaware of the contents of the proposed legislation…. Youth and Work Stephen...
Posted in: Monday’s Mix

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

...sent any “exigent circumstances”. The Fourth Amendment of the US Constitution provides protection against unreasonable search. A common law exception to the protection under the Amendment is where the search is incident to a lawful arrest. The Supreme Court assessed, on the one hand, the degree to which the search is needed to promote legitimate governmental interests and, on the other, the degree to which it intrudes upon an individual’s...
Posted in: Case Comment, Substantive Law: Foreign Law, Substantive Law: Judicial Decisions

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

...he 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 one which is the time and effort “required and spent”. MAINTENANCE AND BACKUP OF ELECTRONIC DATA Lawyers must ensure there is...
Posted in: Practice of Law, Practice of Law: Marketing, Practice of Law: Practice Management, Technology, Technology: Office Technology

Government Open Data

...upported by an Open Government Licence. Individuals are free to: 3.Copy, modify, publish, translate, adapt, distribute or otherwise use the Information in any medium, mode or format for any lawful purpose. The idea of having access to data that would otherwise be costly (or impossible) to collect is fascinating. The tools and services that now have the potential of being built on mashups of government collected and shared data have incredible...
Posted in: Legal Information: Information Management

Law Reform Commission Reports: Recent Releases

...We are also clear that there would only be a problem if it is legitimate data sharing that is being prevented. There are legal aspects to this but it also raises matters of principle. Sharing cannot be legitimate if it is unlawful. The laws of data protection and confidentiality place limits on lawful sharing …There are also questions as to whether public bodies should have the legal power to share data even where the sharing is not...
Posted in: Legal Information: Libraries & Research

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

...or, because written policy and actual practice permitted Mr. Cole to use his work-issued laptop for personal purposes. Against, because both policy and technological reality deprived him of exclusive control over — and access to — the personal information he chose to record on it”. The Supreme Court found a continuing reasonable expectation of privacy and that a Charter breach was established as the police had no other lawful...
Posted in: Intellectual Property

Consolidating Labour Legislation: Proposed Saskatchewan Employment Act

...sion to consider any impasse in collective bargaining The collective bargaining processes in The Police Act, 1990, and The Education Act, 1995 will be maintained in the respective pieces of legislation; the parties will have access to the enhanced tools for settlement of disputes contained in The Saskatchewan Employment Act Remove the provision requiring the transfer of a certification order and collective agreement when a business successfully...
Posted in: Substantive Law, Substantive Law: Legislation

Access to Server Data for Foreign Criminal Investigative Purposes

...stion were alleged to be used to process data. After reviewing Section 15 of the Mutual, the Court noted that where a judge was satisfied that a sending order should not be made then the judge may return the materials to the lawful owner or may alternatively require the materials to be brought before him. The Court reviewed R v. Jones, 2011 ONCA 632 and noted in that case that the Court had rejected the idea that authority to search a computer...
Posted in: Intellectual Property

Government Control of the Internet

...ower to compel an Internet Service Provider to monitor a person’s activities online in real time.” This Convention is one of the motivations behind the government of Canada’s repeated attempts to introduce ‘lawful access’ legislation (in its most recent appearance, Bill C-30), to give law enforcement authorities rights to easy and largely unsupervised rights to get information from communications intermediaries, and to...
Posted in: Legal Technology