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Archive for ‘Substantive Law: Legislation’

Still Riding the Omni-Bus

No the Omni design has not been brought back for a new bus.

As disturbing as that may sound, the continuing debate over the “omnibus” has creepy characteristics itself.

In fairly recent times the Omnibus has been the subject of a few posts here at Slaw, The Unreasonable and Transgressive Nature of Omnibus Bills (Michael Posluns, June 24, 2011) , & Library of Parliament Paper on Omnibus Bills back in November by Michel-Adrien Sheppard. and myself when the storm of Bill-38 was occurring. Well I’m back with an update. In recent years all of us in Canada have been riding . . . [more]

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

Pepper v Hart – Use of Legislative History

Wikipedia’s article of the day on its main page today is a reference ot the House of Lords decision in Pepper v Hart. The case established the ability of English courts to use legislative history in interpreting unclear provisions of legislation. The full article goes into some detail about why the history had not been available before (parliamentary privilege under the 1689 Bill of Rights – the courts must not criticize Parliament) and why it might be a bad idea now (it would be too much work for lawyers giving advice or drafting to have to wade through Hansard . . . [more]

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

Charity

I have a question that I’m hoping I can crowd-source here at Slaw, or perhaps Slaw-source. I have asked several friends and acquaintances and have yet to get a satisfactory answer. Charity as a legal concept dates back to 1601 and the Statute of Charitable Uses 1601 (aka. Statute of Elizabeth) wherein the preamble to the act contained the first statutory definition of charitable uses. Since that time the nature and scope of charities has changed dramatically; to the point where some have become leery of large charities that are run more like a business than a charity. This leads . . . [more]

Posted in: Miscellaneous, Substantive Law: Legislation

Library of Parliament Paper on Omnibus Bills

So-called omnibus bills have been in the news a lot this year. The 2012 federal budget that amended dozens of pieces of legislation was referred to by many commentators as an omnibus bill.

What is this legislative creature?

The Library of Parliament recently published a paper entitled Omnibus Bills: Frequently Asked Questions that tries to get to the bottom of the issue:

Omnibus bills have been used for decades by governments of various political stripes as a vehicle to propose certain kinds of legislation to Parliament. While their use is well entrenched in Canadian parliamentary practice, it is nonetheless often

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

Should We Take Our PIAs Public?

This week, the 34th International Meeting of Data Protection & Privacy Commissioners, is taking place in Punta del Este, Uruguay. The meeting brings together leading decision-makers and stakeholders from all over the world to discuss and [at least attempt to] resolve pressing privacy-related issues. The week kicked off with the Public Voice meeting, hosted by civil society representatives and canvassing a breadth of public policy issues.

One matter of interest that was explored during a highly informative panel on civic participation and e-voting, raised the question of whether public sector Privacy Impact Assessments should include a mandatory . . . [more]

Posted in: Substantive Law, Substantive Law: Legislation, Technology

New Electronic Filing Practice Direction to Be Implemented in Ontario Divisional Court.

We’ve learned of a new Practice Direction on Filing Electronic Versions of Documents in Civil Appeals and Judicial Review Applications in the Divisional Court which will be implemented next month – it establishes a regularized process to satisfy the requirement to file electronic versions of factums and transcripts – a requirement that is already in place under Rules 61.09 and 61.12 of the Rules of Civil Procedure. The Practice Direction also encourages parties to file all electronic documents with the Divisional Court in certain proceedings. The Practice Direction does not relieve the requirement to file documents in paper format as . . . [more]

Posted in: Miscellaneous, Substantive Law: Legislation, Technology: Office Technology

CRTC Publishes Guidelines for Anti-Spam Regulations

Nearly two years ago — a lifetime on the internet — Royal Assent was given to Canada’s anti-spam law (otherwise known as An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act, S.C. 2010, c. 23. The CRTC was given power to make regulations under the Act, which it has done, although they have not yet . . . [more]

Posted in: Substantive Law: Legislation

Strategic Maple Syrup

I’m sure that many of you noticed a brief flash in the news recently regarding Quebec’s strategic maple syrup reserve and the security issues surrounding said reserve. There were many tongue in cheek references to Maple Syrup’s place in the culture of Quebec and Canada in the media and then the news cycle moved on. Alas, we here at Slaw dig deeper and try to ascertain the legal angle to such events, and it seems that Maple Syrup does indeed occupy a significant place in Canadian culture.

A rudimentary CanLII search reveals that “Maple Syrup” has appeared in court cases . . . [more]

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

What Is Hadopi? and Why Does It Matter?

Yesterday, my partner Anne-Sylvie Vassenaix-Paxton gave a talk to ALAI Canada (L’Association Littéraire et Artistique Internationale) on the impact the new French HADOPI laws no. 1 and 2, have had on peer to peer file sharing and protection of personal data under French law.

The acronym stands for the Haute Autorité pour la Diffusion des Oeuvres et la Protection des Droits sur Internet (HADOPI), a body which co-ordinates a variety of legal measures against illegal downloading including sanctions against parents of downloaders.

Two points are interesting from a North American perspective. The French Constitutional Council threw out a draft of . . . [more]

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