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Archive for ‘Substantive Law: Legislation’

Homage À Paul-André Crépeau – a Giant of Law Reform

The papers recently carried the news of the death of Paul-André Crépeau, C.C., O.Q., c.r., LL.D., D.h.c., m.s.r.c., who I would argue was the most influential law reformer in Canadian legal history.

From the initial invitation in 1965 from Jean Lesage’s Justice Minister Claude Wagner to take over the Office de Révision du code civil, originally set up during the Duplessis years with Thibaudeau Rinfret and André Nadeau, Crépeau’s vision and his life work was la révision du Code civil, and under his leadership the Office focused on the daunting task of updating the general provisions of a century-old . . . [more]

Posted in: Education & Training: Law Schools, Legal Information: Libraries & Research, Legal Information: Publishing, Substantive Law: Legislation

Orders-in-Council No Longer Tweeting

I am sorry to report that @ordersincouncil, a twitter stream with 318 followers and 25 listings seems to have gone silent. No ceremony, no fanfare, no last word, no announcement. The account sits, with a lovely background, the descriptive tagline “Monitoring updates to Privy Council Office listings of cabinet orders,” and a last tweet from May 2011.

I was among those who found tweets of federal Orders in Council extremely useful. I was happy to weed through tweets on government appointments and interesting tidbits like tax remission orders among the regulations and proclamation announcements that were of true interest . . . [more]

Posted in: Legal Information: Publishing, Substantive Law: Legislation

Riots, Reasons, and the Law

Those of us Canadians who live in Toronto or Vancouver know not to be smug about England’s riots; we’ve been there recently, albeit on a smaller scale, thankfully. We might, however, be in a good position to reflect on the question of why people riot, or, to put it impersonally, because a mob does seem to deprive its members of effective personhood, what makes a riot. On a personal note, I can attest to this mob mentality, having been in a riot in my youth — one, I might add, that had absolutely no good pretext and was formed entirely . . . [more]

Posted in: Miscellaneous, Substantive Law: Legislation

Using Patient Health Information in Human Resources Investigation

The Alberta Information and Privacy Commissioner recently confirmed that Alberta Health Services (AHS) breached the rights of one of its employees by intentionally using information from his addiction counselling against him during a human resources investigation. The breach of the employee’s personal health information clearly contravened the Health Information Act (HIA).
Posted in: Substantive Law, Substantive Law: Judicial Decisions, Substantive Law: Legislation

The Saskatchewan Human Rights Tribunal Eliminated

The Saskatchewan Human Rights Code Amendment Act, 2010, S.S. 2011, c. 17 (former Bill 160), was proclaimed in force on July 1, 2011. The overall purpose of the Act is to make the human rights complaints process more timely and flexible by streamlining the process for dealing with complaints and allowing more cases to be resolved without litigation.

A major and, according to some, welcome change is the elimination of the Saskatchewan Human Rights Tribunal and the transfer of the tribunal’s powers to the Saskatchewan Court of Queen’s Bench, which will hear complaints that cannot be resolved by . . . [more]

Posted in: Substantive Law, Substantive Law: Legislation

An SCC Christmas Present in July for Canadian Litigators

R v. Imperial Tobacco Canada Ltd., 2011 SCC 42 is necessary reading for all Canadian lawyers giving advice about any aspect of private law obligations.

This case fits very nicely into our discussion about the need to avoid ambiguity in statements about law. It also shows how often ambiguity in the language actually used is too often associated with the writer(s)’ apparent confusion relating to the meaning of the concepts discussed.

Maybe the Court meant to make some of the assertions that the text of the reasons literally makes. And maybe they “misspoke” themselves.

Time will tell. 

But, in . . . [more]

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

Implementing International Conventions – and Their Declarations?

Must, or should, a declaration permitted under an international convention be expressly ‘implemented’ in Canadian law, or is implementation of the convention as a whole sufficient to give legal effect not only to the convention but also to any declaration made by Canada?

It is commonplace that in our legal system, treaties are not self-executing. This means that Canada’s ratification of or accession to an international convention has an effect only in international law, creating an obligation that may be enforceable by remedies provided in the convention itself but not in Canadian courts.

However, the convention will have domestic legal . . . [more]

Posted in: Substantive Law: Legislation

Mandatory Family Mediation Information Session

The province of Ontario will now require divorcing couples to attend an information session on mediation, which will be necessary before their proceedings can go forward. This information session is meant to provide alternatives to the court system in the hopes that it will alleviate the heavy caseloads many courthouses are facing.

As reported by Ms. Kathryn Blaze Carlson in the National Post:

By mandating the information session, and by subsidizing mediation for couples who choose to forgo litigation, Ontario has joined an international push toward mediation and away from costly, time-consuming and oftentimes nasty litigation. Britain and New

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

Unanticipated Consequences

or, as ever, be careful what you ask for, and from whom you ask it.

or, paraphrasing a certain English r&r band, you may not always get what you want, but you’ll sometimes get what you need.

Like the Buckley commercial says, though, you may not like the taste. (I have no idea how it tastes, since I’ve never tried it.)

Pennyfeather v. Timminco Limited, 2011 ONSC 4257 (July 13, 2011)

(Perell J.)

[1] The Defendants, Timminco Ltd., Dr. Heinz Schimmelbusch, Robert Dietrich, Rene Boisvert, Arthur R. Spector, Jack L. Messman, John C. Fox, Michael D. Winfield and Mickey M. . . . [more]

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

Second Set of Proposed Regulations Under Canada’s Anti-Spam Legislation

The July 9 issue of the Canada Gazette was published and it includes the second set of proposed regulations under Canada’s anti-spam legislation (CASL). These are the Governor in Council regulations from Industry Canada, not to be confused with the CRTC regulations that were pre-published last week for consultation.

You can read the pre-publication in the Gazette here:

The consultation period for these proposed regulations is 60 days. . . . [more]

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