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Archive for ‘Substantive Law: Legislation’

Do Naturists Offend Public Order in the 21st Century?

Brian Coldin, a naturist and owner of a nude resort in Barrie, Ontario, considers clothing optional even in public places. Coldin has launched a constitutional challenge of the Criminal Code provisions against public nudity, saying the Code limits freedom of expression and is too broad. Coldin’s lawyer, Clayton Ruby, calls the Code’s nudity provisions an oddity, meaning they are outdated and improperly worded.
Posted in: Substantive Law, Substantive Law: Judicial Decisions, Substantive Law: Legislation

More on the Anti-Spam Act

I just finished listening to another IT-Can teleconference on the anti-spam act, this one presented by Barry Sookman and Lorne Salzman of McCarthy Tetrault. For those wanting more detail, slides will be posted soon on the IT-Can website, the McCarthy Tetrault website, and Barry’s blog.

It reinforced my earlier concerns that this legislation is going to affect almost every business or organization. Many of its provisions strike me as a sledgehammer to kill a fly approach. Some of the highlights from the teleseminar are as follows:

Why be concerned?

There are large penalties for violations. They include extensive awards for . . . [more]

Posted in: Substantive Law: Legislation

Freedom of Religion Not Fully Applicable to Civil Servants

The Saskatchewan Court of Appeal recently released its decision as to whether marriage commissioners—as civil servants—can opt out of performing same-sex marriages. Why is this an issue? In 2004, the Supreme Court of Canada rendered a landmark decision confirming the legal validity of same-sex marriage. Parliament then enacted legislation redefining marriage to include such unions. This led some marriage commissioners in Saskatchewan to refuse to solemnize same-sex marriages on the basis that they could not provide services in this regard without acting in violation of their personal religious beliefs.

The Saskatchewan government found this unacceptable. Since many religions do not . . . [more]

Posted in: Substantive Law: Judicial Decisions, Substantive Law: Legislation

CRTC Role in the New Anti-Spam Act

I just listened to a teleseminar by the Canadian IT-Law Association on the Anti-spam act, primarily discussing the CRTC’s role. Here are a few points that were raised.

The act is expected to come into force in September. Regulations may be published for comment as early as late February or March.

The regulations will be crucial. It will be important to look at them during draft stage and comment where necessary.

There will be an overlap in jurisdiction between the CRTC, Privacy Commissioner, and Competition Bureau, though CRTC is primary.

The CRTC role as enforcer is fairly new. The . . . [more]

Posted in: Substantive Law: Legislation

Future International Work on E-Commerce

What are the pressing topics on which international law should be developed regarding electronic commerce? Are your clients running into difficulties, or areas of uncertainty, that could be resolved by a harmonized approach among our trading partners?

The United Nations Commission on International Trade Law (UNCITRAL) is asking these questions. UNCITRAL has been the source of much innovation in e-com law over the years, notably with its Model Law on Electronic Commerce (1996) [PDF] that is the basis of Canadian, American and much other law on that topic.

UNCITRAL is holding a colloquium in New York next month (Feb 14 . . . [more]

Posted in: Substantive Law: Legislation, ulc_ecomm_list

Turning British and American – Updates to My LRW Site

Although I have the benefit of a number of internal online research guides where I work, I occasionally find myself resorting to my free legal research and writing site.

However, in so doing, I realized my site inadvertently emphasized Canadian law to the exclusion of most other foreign law. As such, I have updated the case law, legislation and government pages to include links to more British, American (and other common law) sites. I hope this will be more useful for researchers and I welcome suggestions for improving the site.

I have also added the 3 law-related movies . . . [more]

Posted in: Legal Information: Libraries & Research, Substantive Law: Foreign Law, Substantive Law: Judicial Decisions, Substantive Law: Legislation

Anti-Spam Act – Bill C-28 – How It Might Affect You

The anti-spam bill – Bill C-28 – was recently passed, and is expected to be in force sometime later this year.

If you think it won’t affect you because you don’t send mass emails trying to sell random products, and don’t infest other people’s computers with spyware, you would be wrong.

It applies to the sending of commercial electronic messages that many of us would not consider to be spam. An email to just one person that you consider a potential customer or client who you met at an event may fall into the prohibitions. And it applies to . . . [more]

Posted in: Substantive Law: Legislation, Technology: Internet

ACJNet Transformed Into Three New LawNet Portals

ACJNet from the Legal Resource Centre Alberta has long been a mainstay for Canadian legal researchers. This resource has now been relaunched as three new portals for the public and those who work with the public:

The press release from the Legal Resource Centre:


Friday, January 7, 2011

The Legal Resource Centre is pleased to announce the launch of LawNet, three web portals that will help you find the legal-related information you need: LawNet Alberta, LawNet Canada, and LawNet Français.

What can LawNet do for you?


. . . [more]
Posted in: Legal Information, Legal Information: Libraries & Research, Legal Information: Publishing, Substantive Law: Legislation, Technology: Internet

Rebalancing Defamation Law – Libel Tourists Won’t Be Welcome in London

A year ago, when the Libel Reform Campaign was launched only the Liberal Democrats strongly endorsed the need for change.

Now the Rt. Hon. Nick Clegg, as Deputy Prime Minister will announce a major reform project on Friday, which we’ll link to as soon as it is released. . . . [more]

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

Federal Cabinet Shuffles

The federal cabinet was just shuffled. I have been waiting, impatiently, to post this. News was slow to filter my way, until I found this site, which offers live tweets. Well done Toronto Star.

For those who just want news without any commentary iPoliticsca tweets:

Kent, Ablonczy, Fantino and Menzies are the new four in Cabinet #cabshuff #cdnpoli

I suppose I could have tuned in to CPAC, but like many web video services, it doesn’t play nice at the office.

What is your favourite method for watching political news? . . . [more]

Posted in: Substantive Law: Legislation

Anti-Spam Legislation Passed, Awaits Proclamation

David Canton has kept Slawyers abreast of developments concerning Canada’s anti-spam legislation: FISA – New Anti-Spam Bill Introduced; Plethora of Pending IT Legislation. But we neglected to report that Bill C-28 passed third reading on December 14 and received Royal Assent a day later. Evidently, it won’t be proclaimed in force until September of 2011, to give us all time to get our acts together.

The text of the statute is available here [PDF].

I’ve been coy about naming the beast (78 pages in the official version), because the name it goes by appears nowhere in the act. . . . [more]

Posted in: Substantive Law: Legislation