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Archive for ‘Substantive Law: Foreign Law’

GDPR Guidelines for Canadian Business

The new EU GDPR privacy rules can apply to businesses outside of the EU that provide goods and services to EU data subjects. It is important for businesses outside of the EU to know when they are subject to the GDPR, as penalties for non-compliance are significant. An occasional sale to someone in the EU probably won’t be an issue – but what will? 

The European Data Protection Board just released for public consultation draft guidelines on when the GDPR applies to those without a presence in the EU. 

Article 3(2) of the GDPR says it applies to businesses without . . . [more]

Posted in: Substantive Law: Foreign Law

Empirical Analysis of What to Expect From Kavanaugh’s First Term on U.S. Supreme Court

Now that the very messy and nasty nomination process for US Supreme Court Justice for Brett Kavanaugh has ended, many observers are wondering what kind of judge he will be.

SCOTUSblog, the American blog devoted to all things relating to the United States Supreme Court, has published a statistics-based article on What to expect from Kavanaugh’s first term:

The tense waiting is now over as Justice Brett Kavanaugh was confirmed to the Supreme Court on October 6, 2018. One of the big stories about Kavanaugh has been his low rate of public approval. This low rate of approval was

. . . [more]
Posted in: Justice Issues, Substantive Law: Foreign Law

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

Draft OPC Position on Online Reputation and Public Consultation

On Friday, January 26, 2018, the Office of the Privacy Commissioner of Canada (OPC) released a draft of their position regarding online reputation and on how Canadians can better protect their online privacy and rights.

The draft report is the result of a 2016 consultation on online reputations. Through this consultation, the OPC was soliciting input from interested stakeholders about new and innovative ways to protect reputational privacy. Reputation and Privacy is one of the OPC’s four strategic privacy priorities. A summary of the 28 submissions received is posted online on the OPC website.

Summarizing the report

The draft . . . [more]

Posted in: Justice Issues, Miscellaneous, Substantive Law, Substantive Law: Foreign Law, Substantive Law: Legislation, Technology, Technology: Internet

Minorities Given Preferential Access to Cannabis Business Licenses Under D.C. Law

The Council of the District of Columbia has passed a law which gives minority-owned companies preferential access to cannabis business licenses.

The emergency legislation modifies a section of the Legalization of Marijuana for Medical Treatment Initiative of 1999 to provide that that

“a certified business enterprise (as defined in the Small, Local, and Disadvantaged Business Enterprise and Development and Assistance Act of 2005) shall be awarded a preference equal to 20 points or 7.5 percent of the available points, whichever is more.”

The law was sponsored by council member Robert White who said the law is necessary in order to . . . [more]

Posted in: Substantive Law: Foreign Law, Substantive Law: Legislation

Privacy Lessons From the Intimate of Things

The Internet is already everywhere, but we expect it to penetrate our lives even further, interacting with all of the devices, infrastructure, and environment around us. This phenomenon is known as the “Internet of Things” (IoT), described in 2014 by Jacob Morgan in Forbes as follows,

Simply put, this is the concept of basically connecting any device with an on and off switch to the Internet (and/or to each other). This includes everything from cellphones, coffee makers, washing machines, headphones, lamps, wearable devices and almost anything else you can think of. This also applies to components of machines, for example

. . . [more]
Posted in: Substantive Law: Foreign Law, Technology

EFF Publishes New Guide to Mitigating Digital Privacy Risks at US Border

If you care about solicitor-client privilege, travel to the US and use computing technology, then read this:

By its own admission, US border protection conducted five-times as many electronic media searches in a single year—4,764 in 2015 to 23,877 in 2016.

Yup. That’s 500% more cause for anyone travelling to the US to be concerned. Should Canadian lawyers be cautious too? Yes.

America’s digital rights sentinel, Electronic Frontier Foundation, just released its 2017 reboot to its guide for mitigating risks to digital privacy when travelling to the US. The newly minted guide (last revised in 2011) is titled “Digital . . . [more]

Posted in: Justice Issues, Substantive Law: Foreign Law, Technology: Office Technology

Courthouse Libraries BC Hosting Webinar for Canadian Lawyers on the Impact of Recent Executive Orders


I feel I must write this quick, as every day the terrain shifts and the battle lines move in the escalating conflict between the 45th POTUS and virtually the entire machinery of justice.

FYI, the ABA yesterday released its resolution 10C calling on Trump to withdraw his order restricting travel from seven Muslim-majority countries.

Less than two weeks ago Trump started the whole mess when he slapped on brass knuckles to deliver not one, not two, but three immigration-related executive orders to finish his first week as President.

The world sucked wind.

Even north of the 49th people . . . [more]

Posted in: Announcements, Education & Training: CLE/PD, Justice Issues, Substantive Law: Foreign Law

United States Asking Foreign Visitors for Social Media Info and Cell Phone Contacts

I heard about the United States Custom Border Agency had been asking Canadians for access to their Facebook accounts and cellphones when they arrived at the border to join the women’s march on Washington the day after Donald Trump’s inauguration. When some Canadians refuse to surrender their information, they were denied entry into the US and turned away (this is in addition to those who were refused entry because they were going to the march). I was appalled to hear this, and appalled at the invasion of privacy and violation of civil and human rights – and in 2017! I . . . [more]

Posted in: Justice Issues, Miscellaneous, Substantive Law, Substantive Law: Foreign Law, Substantive Law: Legislation, Technology, Technology: Internet

Trump’s Executive Order & the Firing of Yates

Below is the full text of the White House statement

Posted in: Substantive Law: Foreign Law

Update: Brexit Score – End of Second Period: Henry VIII 2 Henry II 1

Or, Ms May may not and must not; at least, not yet.

(For readers outside of the (ice) hockey world, substitute “end of first half”.)

The UK QB ruled unanimously (3-0) this fine English morning that the Tory gov’t cannot use the Crown’s prerogative to initiate the UK’s withdrawal from the EU. The decision to withdraw or not – the decision whether to give notice under the applicable EU treaty – is for Parliament to make, not the party in power in Parliament; aka the “gov’t” or the Crown.

[111] for the reasons we have set out, we hold the

. . . [more]
Posted in: Case Comment, Justice Issues, Miscellaneous, Substantive Law, Substantive Law: Foreign Law

Uber Loses Free Ride on Employment Laws

Technological disruption comes at a price.

I’m not talking about the price of lost jobs, disappearing economies, or even the competitors that go under. I’m talking about the cost to the innovator themselves as they create new models and paradigms that historic regulatory structures are unprepared for.

One of the most talked about contemporary change these days is Uber (although its status as disruptive is disputed). The obvious regulatory burdens faced by the company include the anticipated clash with taxis, notable for the protests in Toronto and Montreal.

The more significant legal challenges faced by Uber is the . . . [more]

Posted in: Substantive Law: Foreign Law, Technology