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Archive for ‘Substantive Law: Legislation’

New Australian Parliamentary Website

Parliamentary websites are too often overlooked as sources for legal research. And that’s a shame because the best ones tend to offer access to an amazingly broad range of material.

The new website of the Australian Parliament, launched last week, is a case in point. There is a ton of stuff there. Most interesting, from my researcher point of view, are the research publications written by the Parliamentary Library, the bill digests (summaries) and the committee pages.

The Library of Congress blog, In Custodia Legis, has a description and evaluation of many of the site’s new features. . . . [more]

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

Production Orders: Impending Tools of Mass Investigation?

An interesting decision came out in the twilight of 2011. The Vancouver Sun v. British Columbia, 2011 BCSC 1736 is worth a look not only because it is the first of what is likely to be many cases adjudicating fallout from last year’s Stanley Cup riot in Vancouver, but also for its utilization of production orders to get useful information from third parties unrelated to the criminal events under investigation. As upcoming lawful access legislation is expected to create a number of new production orders (largely focused on acquiring telecommunications data from third parties), this case may provide a window . . . [more]

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

Motion to Debate Personhood of Unborn Tabled in Parliament but Going Nowhere

At a press conference on February 6, 2012, Steve Woodworth, backbench Conservative MP for Kitchener Centre stated that he tabled a motion in Parliament calling for the creation of a special committee to study medical and scientific evidence about when a child can be considered a human being separate from the mother. He also wants that committee to examine the legal impact of denying full human rights to an unborn child and provide options to update the law.

Woodworth expects his motion to get an hour of debate in March and another hour in June.

As stated in my previous . . . [more]

Posted in: Substantive Law: Legislation

Quebec Bar Association Presents First Report Card on Rule of Law

The Quebec Bar Association last week published its first annual report card on the rule of law in the province, or Bilan de l’état de droit au Québec (in French only).

In the report, the Association summarizes its public interventions over the past year.

But what appear fairly unique are its efforts to measure the level of respect for the “rule of law” by authorities in the province and in Canada according to 4 criteria:

  • public authorities and their representatives are subject to the law and courts are independent
  • the protection of rights and freedoms of all citizens is assured
. . . [more]
Posted in: Practice of Law, Substantive Law: Legislation

The House of Commons Returns Today

After a 6 week break the Members of Parliament return to Ottawa today starting at 11 am ET. The Projected Order of Business mentions resumption of the debate over Bill C-25, Pooled Registered Pension Plans Act. CBC’s Kady O’Malley has her take on today’s proceedings over on the CBC website.

We are expecting a new Federal budget in the next few weeks. And according to CBC News Now, other major legislation that will be dealt with this session includes immigration, financial services review, copyright reform (Bill C-11), the omnibus crime bill (Bill C-10) and doing away with the long . . . [more]

Posted in: Substantive Law: Legislation, Technology: Internet

Draft of National Standard for Psychological Health and Safety in the Workplace Released

Last year I told you about the plan to release a voluntary national standard for mentally healthy workplaces. The standard aims to help Canadian employers support the psychological health and safety of their employees by providing them with the necessary guidelines and tools to achieve measurable improvements in psychological health and safety in the workplace. A draft of the standard was released on November 1, 2011 without much coverage and a consultation period followed which ended January 6, 2012. The final Standard is expected to be published in late summer 2012.

Unfortunately, since the consultation period is over, the . . . [more]

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

It All Links, You Know

Adding to David Canton’s post this week, updating us on privacy and data protection developments, here is a release from our friend, Ontario’s Information and Privacy Commissioner, Dr. Ann Cavoukian. And an interview with Steve Paikin at TVO.

It’s NOT “just a number!” Commissioner Cavoukian warns of the ease of data linkages in an increasingly online world

TORONTO, Jan. 25, 2012 /CNW/ – Ontario’s Information and Privacy Commissioner, Dr. Ann Cavoukian, says that people’s perceptions of their privacy and anonymity online fall far short of reality. In fact, technology has evolved to the point that the seemingly unrelated . . . [more]

Posted in: Miscellaneous, Substantive Law: Legislation

Security of Information Act (And the Clarity of Legislative Information)

Given the recent news about the arrest of Sub-Lieutenant Jeffrey Paul Delisle, Slaw readers may want to visit the Security of Information Act (SOIA) under which he has been charged, according to reports. Government officials and the RCMP have refused to identify the section of the legislation involved, however.

I say “visit” the Act in part because it is a nearly indigestible tangle, a true failure, perhaps, of the draftsperson’s art. This lack of clarity, which could be seen as a sympathetic reflection of the espionage world I suppose, has been the subject of judicial criticism. Readers may recall . . . [more]

Posted in: Substantive Law: Legislation

Legalization of Marijuana Now a Distinct Possibility

I just returned from the 2012 Liberal Biennial conference in Ottawa, where a number of policy resolutions were passed. One which has received considerable attention is Priority Policy Resolution 117, which passed with 77% of the vote. The text of the resolution reads:

Justice
117. Legalize and Regulate Marijuana
WHEREAS, despite almost a century of prohibition, millions of Canadians today regularly consume marijuana and other cannabis products;
WHEREAS the failed prohibition of marijuana has exhausted countless billions of dollars spent on ineffective or incomplete enforcement and has resulted in unnecessarily dangerous and expensive congestion in our judicial system;
WHEREAS

. . . [more]
Posted in: Substantive Law: Legislation

Internet Child Pornography Reporting Regulations

On December 6, 2011, the Internet Child Pornography Reporting Regulations were registered in the Canada Gazette and came into force. The goal of the regulations is to establish a framework necessary to implement the mechanics for the designated organizations receiving reports and service providers who report to discharge their duties under the Act.
Posted in: Substantive Law, Substantive Law: Legislation, Technology