Canada’s online legal magazine.
Carswell Start-up Guide for Sole Practitioner
LexisNexis Legal Products

Archive for ‘Substantive Law: Legislation’

Ontario Government to Review “Secret G20 Law”

The government of Ontario announced today that it has appointed former Chief Justice of Ontario, Roy McMurtry, to review the Public Works Protection Act. That is the so-called “secret G20 law” that purported to give police the authority during the G20 summit to search anyone coming within 5 metres of the large fence surrounding the summit in downtown Toronto.

The government’s announcement explains that Mr. McMurtry plans to make a report by the Spring of 2011.

Given that it is a short, six-section Act that is over seventy years old, the review should hopefully not be very complicated. As . . . [more]

Posted in: Substantive Law: Legislation

TransLex.org: Online Transnational Legal Research

A colleague has made me aware of TransLex.org, a free website providing access to and information about transnational legal research.

The site can be searched by keyword with filters for such things as type of text (Court Decision, Arbitral Awards, Doctrine, Clause, Legislation or Principles) or language (English, French, German, Italian, Spanish, Dutch, Portugese and Latin).

The site can also be searched or browsed by one of 4 categories (the descriptions below are taken directly from the site):

1) Principles: The TransLex-Principles contain more than 120 principles and rules of transnational law, the New Lex Mercatoria, supported by . . . [more]

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

Euthanasia Subject of Renewed Debate

This week the Quebec government opened public hearings on euthanasia and assisted suicide. The National Assembly selected the Select Committee on Dying with Dignity to travel to 11 towns and cities in Quebec to canvass public opinion on the various issues surrounding euthanasia and assisted suicide.
Posted in: Substantive Law, Substantive Law: Judicial Decisions, Substantive Law: Legislation

Why Can’t Amicus Curiae Be Required to Be Objective “Friends of the Court”?

Many Ontarians cannot afford a lawyer. Chief Justice Winkler said that “an expanding group of Ontarians are finding that the system is often too expensive, too complicated and too slow in assisting them with their legal problems.” Chief Justice McLachlin has said the options for “average middle-class Canadians,” ineligible for legal aid, are “grim.

In response to this, one initiative has involved the appointment of amicus curiae (“friend of the court”) in mental health appeals and family law disputes. In a decision called Bhajan v. Ontario (Children’s Lawyer), the Ontario Court of Appeal recently described . . . [more]

Posted in: Substantive Law: Legislation

Ontario Personal Injury Reforms and Catastrophic Update

Ontario Regulation 34/10 to the Insurance Act became effective on September 1, 2010, along with several other significant changes affecting personal injury and motor vehicle collision practice in Ontario.

The Law Society of Upper Canada and the Ontario Bar Association hosted a session to discuss these changes, The New Auto Insurance Regime – Practical Strategies for Radical Change, with John A. McLeish and Dale V. Orlando of McLeish Orlando LLP. A paper provided by Patrick Brown and Rikin Morzaria, also of McLeish Orlando LLP, outlined the changes.

Roger G. Oatley and James L. Vigmond of Oatley, . . . [more]

Posted in: Education & Training: CLE/PD, Substantive Law: Legislation

Welcome to in Custodia Legis – Mapping the Law of the US

We didn’t get around to noticing the Law Library of Congress’ new blog In Custodia Legis, which explains its name and aim here.

Today, it featured a new post on the developments at Thomas to make legislative information more accessible. There aren’t a lot of comments yet, but it’s early days.

The high spots for me were on Social Media and a Legislative Map at the State level, which looks simple but is only simple to use.

Social Media Box

In addition to easier access to the Library’s social media, there is a new box to highlight ways . . . [more]

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

Mixed Martial Arts Coming to Ontario

Last weekend Premier Dalton McGuinty approved mixed martial arts (MMA) fights in the Province of Ontario, after years of resisting its introduction. Ontario will be the seventh province in Canada to allow MMA fights.

One of the major obstacles has been a provision in the Criminal Code banning what is termed as “prize fights,” with a specific exception for boxing,

Engaging in prize fight
83. (1) Every one who
(a) engages as a principal in a prize fight,
(b) advises, encourages or promotes a prize fight, or
(c) is present at a prize fight as an aid, second, surgeon, umpire,
. . . [more]
Posted in: Miscellaneous, Substantive Law: Legislation

New U.K. Legislation Site

As we were alerted in a comment by Nick Holmes last year at this time, the U.K. has gathered together in one place nearly all of its online legislation. Legislation.gov.uk is managed by Her Majesty’s Stationery Office, in turn part of the U.K. National Archives. At the moment the site is still lacking a promised “changes to legislation” function that will chart the various amendments, repeals, etc. to legislation occurring since 2002. There is, however, a point-in-time search facility.

Curiously, I’ve been unable to find a statement on the site as to whether the online version of . . . [more]

Posted in: Substantive Law: Legislation, Technology: Internet

What Does Ontario Bill 68 Really Mean?

Ontario Bill 68, The Open for Business Act, 2010 was recently tabled in Legislature. The aim of the Bill is to create a more competitive business climate in the province, while protecting the environment and public interest. Among the over 100 proposed amendments to various pieces of legislation, broadly stated, the upcoming changes would:
Posted in: Substantive Law, Substantive Law: Legislation

Transboundary Waters Protection

In the middle of May, Minister of Foreign Affairs Lawrence Cannon introduced Bill C-26, the Transboundary Waters Protection Act, which has received 1st reading. According to the (as usual) excellent legislative summary from the Parliamentary Information and Research Service, the Bill has as its main features expansion of the waters affected by the existing prohibition on bulk water removals. Now waters that flow across the boundary between the U.S. and Canada are included, whereas before only waters that straddle the boundary were affected.

Prohibited “bulk removal” is defined as follows:

    “bulk removal” means the removal of water from boundary

. . . [more]

Posted in: Substantive Law: Legislation

Alberta Rules of Court Regulation

Happy Friday! The long awaited, new Alberta Rules of Court regulation is available.
Order in Council 256/2010 alerts us that the Rules of Court is regulation made under the authority of section 28.1 of the Judicature Act. The O.C. contains the appendix that is the Rules regulation.

As previously mentioned this document is a culmination of hard work by many in the legal community. Congratulations to all who contributed to the rules revision. . . . [more]

Posted in: Substantive Law: Legislation