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Archive for ‘Justice Issues’

Ticketmast Class Action Over Scalper Action

Earlier this week, the Toronto Star revealed an investigation that Ticketmaster allows use of a web-based tool called Trade Desk to allow scalpers to conduct resales online. The practice effectively provides Ticketmaster a second commission on verified resales,

Reporters from the Star and CBC attended the ticket scalpers conference in Vegas undercover because media were not allowed into sessions where the collaboration between Ticketmaster and scalpers was to be discussed. For months, Ticketmaster has declined interview requests to address these issues. After attending the conference, the Star and the CBC gave Ticketmaster an opportunity to review what their sales people

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Posted in: Justice Issues

Here Be Unchartered Waters

Introduction

This week has been an unprecedented one in Canadian history, and one that will invariably result in development of novel Charter jurisprudence.

On Sept. 12, 2018, the Ontario legislature introduced Bill 31 – Efficient Local Government Act, 2018 in response to the Ontario Superior Court of Justice decision on Sept. 10, 2018 that ruled Bill 5 – Better Local Government Act, 2018 was unconstitutional, as it violated the s. 2(b) Charter rights of the candidates in the upcoming municipal election due to the timing of the Bill, and the impact on the voters due to its content.[1] This . . . [more]

Posted in: Justice Issues, Substantive Law: Judicial Decisions

Recent Publications of the Canadian Research Institute for Law and the Family

The Canadian Research Institute for Law and the Family, an independent organization affiliated with the University of Calgary, closed on 31 August 2018. The closure of the Institute is somewhat of a national tragedy, given that it was one of the very few organizations conducting empirical research on family law, justice processes and access to justice in Canada, and was the inevitable result of today’s singularly infelicitous funding climate.

The Institute has conducted some remarkable, innovative and often ground-breaking work over the 31 years of its existence. Highlights include some of the first work on the financial consequences of . . . [more]

Posted in: Justice Issues, Legal Information: Libraries & Research, Practice of Law, Substantive Law: Legislation

Time for an Articling Student Union in Ontario

Tomorrow is Labour Day across Canada, where everyone in the country is provided a statutory holiday under s. 166 of the Canada Labour Code. The federal Interpretation Act, designates in s. 35(1) the first Monday of the September as Labour Day, and every province has employment standards legislation mandating the day as a statutory holiday as well.

The origins of Labour Day go back to March 25, 1872, when the Toronto Typographical Union went on strike for the nine-hour workday, backed by 10,000 workers and 27 unions. The action was characterized as an illegal conspiracy against trade at the . . . [more]

Posted in: Education & Training, Justice Issues

Significant Costs Can Curb Complex Class Actions

Class proceedings were introduced, in part, to promote access to justice, and continue to play an important role in addressing social wrongs. The Supreme Court of Canada described this in Western Canadian Shopping Centres Inc. v. Dutton as follows,

28 …by allowing fixed litigation costs to be divided over a large number of plaintiffs, class actions improve access to justice by making economical the prosecution of claims that would otherwise be too costly to prosecute individually. Without class actions, the doors of justice remain closed to some plaintiffs, however strong their legal claims. Sharing costs ensures that injuries

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Posted in: Justice Issues, Substantive Law: Judicial Decisions

Constitutionality of Reconstituting the City of Toronto

On Oct. 20, 2018, the City of Toronto its 86th municipal election, the largest city in Canada, with the 6th largest government in the country and nearly 8% of the entire country’s population. On July 27, 2018, just a few months before this election, the new Premier of Ontario, Doug Ford, announced that he will reduce the number of city council seats from 44 to 25.

There have been calls supporting and opposing this exact change, years before Premier Ford won the provincial election this year. Other cities around the world have effectively functioned with similar numbers in representation. The . . . [more]

Posted in: Justice Issues, Substantive Law: Judicial Decisions

Information Needed to Assess Children’s Lawyer Function

The involvement of children in our legal system is one that requires particular sensitivity and care, given their own limits of autonomy, but also the long-lasting consequences that the justice system can have on them. Access to information as to how our system works is central to this ability to assess its function.

The Ontario Court of Appeal recently reversed in Ontario (Children’s Lawyer) v. Ontario (Information and Privacy Commissioner) a decision that would release information held by the Office of the Children’s Lawyer (OCL), which will make any independent review of their function by third-parties more challenging in the . . . [more]

Posted in: Justice Issues, Substantive Law: Judicial Decisions

Resources on US Supreme Court Nominee Brett M. Kavanaugh

Earlier this week, American President Trump nominated Brett M. Kavanaugh from the Court of Appeals for the District of Columbia to take the place of Justice Anthony Kennedy who will be retiring as of the end of this month.

Who is Kavanaugh?

There are plenty of resources to figure that out.

The Library of Congress in Washington has published a page with resources about the nominee. The page includes links to articles and books by and about the nominee, to cases decided by him, to Congressional materials about his earlier nominations to federal judicial posts, and to web resources. . . . [more]

Posted in: Justice Issues, Legal Information: Libraries & Research, Substantive Law: Foreign Law

Federal Accessibility Law Tabled in Parliament

On June 20, 2018, the federal government introduced Bill C-81, An Act to ensure a barrier-free Canada, the long-awaited national accessibility legislation which will enable the government of Canada to take a proactive approach to end systemic discrimination of people with disabilities.

The Bill also known as the Accessible Canada Act would establish a model to eliminate accessibility barriers and lead to more consistent accessibility in areas covered by federally regulated sectors such as banking, inter-provincial and international transportation, telecommunications and government-run services such as Canada Post and federally funded organizations. Moreover, the Bill aims to “identify, remove and . . . [more]

Posted in: Justice Issues, Miscellaneous, Practice of Law, Practice of Law: Practice Management, Substantive Law, Substantive Law: Legislation

Possibilities Under a Non-Lawyer AG in Ontario

Although it may seem as an inconsistency, the Attorney General in Ontario need not be an attorney in that jurisdiction.

With the announcement of Caroline Mulroney as the AG in Ontario this week, this possibility is now a reality. Ms. Mulroney holds an American law degree and was licensed in New York State, but is not a licensee in Ontario.

The validity of a lawyer functioning in this role was resolved several years ago in Askin v. Law Society of British Columbia, which Adam Dodek summarized on Slaw here, where the court held,

[27] To conclude that only persons entitled

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Posted in: Justice Issues

BC Attorney General Unveils “Dirty Money” Report by Peter German

The Dirty Money Report

At 9:30 PDT this morning (June 27, 2018) BC Attorney General David Eby QC convened a press conference to discuss the release of the much anticipated report by Peter German QC. Minister Eby was joined by German, a classic quadruple threat. Quite boring really. Lawyer (BC and Ont), former RCMP member of 31 years, Correctional Service Regional Deputy Commissioner, money laundering expert and textbook writer, PhD, and Queen’s Counsel. He does not, so far as we know, hold any Olympic medals, important medical patents or Eurovision victories.

Those who tuned in to the live stream, as . . . [more]

Posted in: Justice Issues, Substantive Law

Telus Texts Not Intercepted When Stored

Many Canadians confuse the law when it comes to recording telephone conversations, likely due to exposure to American concepts in the media. Although the Wiretap Act of 1968 (18 U.S.C. § 2511) contains a one-party consent rule, a dozen states have a two-party consent that supersedes American Federal law, and given its presence in California (Cal. Penal Code § 632), it’s likely that this is often the source of the misunderstanding in Canada.

In Canada, we have Part VI of the Criminal Code, which states,

Consent to interception

 Where a private communication is originated by more than one person

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Posted in: Justice Issues, Substantive Law: Judicial Decisions