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Archive for ‘Substantive Law: Legislation’

AODA: Integrated Accessibility Regulation Now Law

On Friday June 3, 2011, the Ontario government enacted the Integrated Accessibility Regulation under the Accessibility for Ontarians with Disabilities Act. The Regulation gave force of law to three new standards to address barriers facing persons with disabilities in the areas of transportation, employment and information and communications.
Posted in: Substantive Law, Substantive Law: Legislation

The Silliness of Pro Forma Bills in the Canadian Parliament

It is not surprising that many Canadian are cyncial of their federal Parliamentarians.

Example in point: Bills C-1 and S-1 have been published. Despite respectively being – in name – “An Act respecting the administration of oaths of office” and an “Act relating railways” – of course neither bill has anything to do with either topic and neither bill will pass first reading.

Apparently, it all has to do with a “custom” dating back over 400 years ago for “pro forma” bills. I didn’t find the explanation on LegisINFO or Wikipedia to be entirely satisfactory. Wouldn’t . . . [more]

Posted in: Substantive Law: Legislation

Cynicism or Hope? Canada’s New Session of Parliament

The first session of Canada’s 41st Parliament is set to open tomorrow (Thursday, June 2, 2011).

Regardless of how you voted in the last election, are you cynical or hopeful that our elected politicians will earn their keep and have a productive Parliamentary session? (Alas, I remain cynical).

Early activity this week should see the election of a new Speaker of the House and perhaps some indication of the direction the new majority Conservative government will take in Friday’s Speech from the Throne.

A good Canadian Press article provides a great overview of what to expect with this new . . . [more]

Posted in: Substantive Law: Legislation

Marquee Rules

On the last day of April the UFC or Ultimate Fighting Championship held an event at Rogers Centre (nee Skydome) in Toronto. Personally, I’m not a fan but I find aspects of the MMA odyssey, that could be said to have culminated on April 29th in Toronto, to have interesting legal aspects. What does a combat sport have to do with law? Quite a bit; until 2010 mixed martial arts was illegal in Ontario; however, a regulatory change announced last August and commented on here at Slaw at the time was implemented last Autumn and allowed for this multi-million dollar . . . [more]

Posted in: Miscellaneous, Substantive Law: Legislation

Shall We Keep Using “Shall” or Must We Stop?

There’s a recent trio of pieces in the Economist’s column on language, Johnson, that should be of interest to lawyers, as they all revolve around that tricky word “shall.” The fuss started when Robert Lane Greene, who edits the column and writes as R.L.G., praised the US government’s Federal Plain Language Guidelines [PDF] for recommending that writers drop “shall” and calling it that “officious and obsolete [word] that has encumbered legal style writing for many years.” That column racked up fifty comments, not all of them approving.

A day later, R.L.G. took another crack at the “shall,” in the light . . . [more]

Posted in: Miscellaneous, Substantive Law: Legislation

Manitoba Introduces Canada’s First Adult Abuse Registry

On May 11, 2011, Manitoba proposed Canada’s first adult abuse registry as well as tough new offences and penalties to better protect adults with intellectual disabilities. The registry would make the names of those who abuse or neglect vulnerable adults under any Act available to employers for screening potential employees or volunteers. Similar registries already exist in the United States.
Posted in: Substantive Law, Substantive Law: Legislation

Is the Minimum Wage a “Living Wage”?

When I started working about 15 years ago, I was paid about slightly above minimum wage, at $6.90 per hour. I worked at large clothing retailer, folding khakis and giving on advice on whether or not a customer looked best in “boot cut” or “loose fit” jeans. Since those halcyon denim days, I have noticed a steady and continual increase in the minimum wage rate in Québec.

Indeed, as the Commission des Normes de Travail helpfully outlines on its site, minimum wage has been steadily progressing from its institution at $4.35 per hour in 1986. As of May 1, . . . [more]

Posted in: Substantive Law: Legislation

The Social Media Election?

A simple question for Slaw-yers: was #Elxn41 the “Social Media Election”?

The term was tossed about during the campaign with conjecture on how social media would impact the election; so now that the election is over and we have had some time to reflect, was it the “social media election”? I am unsure, but my inclination is that it was not. Primarily because I did not see a lot of content generated specifically for social media, nor have I observed an impact that can be attributed to social media. I saw of lot of content generated in a traditional fashion . . . [more]

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

Cyber-Surveillance in Everyday Life: An International Workshop

The University of Toronto is hosting a cyber-surveillance event this week that includes the typical academic workshops, as well as an artistic component. The event and the workshop are part The New Transparency: Surveillance and Social Sorting, a research project funded by the Social Science and Humanities Research Council.

From the press release:

Digitally mediated surveillance is an increasingly prevalent, but still largely invisible, aspect of everyday life. As we work, play and negotiate public spaces, on-line and off, we produce a growing stream of personal digital data of interest to unseen others. CCTV cameras hosted by private and public

. . . [more]
Posted in: Substantive Law: Legislation, Technology: Internet

The Claude Robinson Case – a Cause Célèbre in Plagiarism

I don’t know how many lawyers outside of Quebec know about this cause célèbre in plagiarism. Claude Robinson, a screenwriter and illustrator, has been fighting for the last 16 years against the television production company Cinar and others for plagiarizing his ideas and depriving him of his copyright on the television series Robinson Sucroë. So far this case has cost Robinson $2.4 millions dollars in lawyers’ fees. However, Mr. Robinson’s law firm, Gowlings Lafleur Henderson, has agreed to postpone their honoraries until the end of the legal proceedings.

Robinson Sucroë is an animated Franco-Québécois television series, created by . . . [more]

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

British Columbia’s Civil Liberties Association Files Lawsuit Challenging Laws Against Euthanasia and Assisted Suicide

While Quebec is consulting and holding public hearings on euthanasia and assisted suicide, on April 26, 2011, British Columbia’s Civil Liberties Association (BCCLA) and three other plaintiffs filed a lawsuit in BC’s Supreme Court challenging Canada’s Criminal Code provisions against euthanasia and assisted suicide.
Posted in: Substantive Law, Substantive Law: Judicial Decisions, Substantive Law: Legislation

PIPEDA Amendments in Force April 1

We have mentioned before that the Anti-Spam act (bill c-28) will not come into force until the fall. (It may potentially be delayed because the election has delayed the creation of the regulations that must be in place before it is in force.) Several sections of the act that amend PIPEDA (Personal Information Protection and Electronic Documents Act) were however proclaimed in force effective April 1

The PIPEDA amendments from the Anti-Spam act are in force to the extent that they are administrative in nature. Those that interact with the anti-spam provisions are not yet in force, and presumably will . . . [more]

Posted in: Substantive Law: Legislation