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Archive for ‘Substantive Law: Legislation’

Federal Cabinet Shuffles

The federal cabinet was just shuffled. I have been waiting, impatiently, to post this. News was slow to filter my way, until I found this site, which offers live tweets. Well done Toronto Star.

For those who just want news without any commentary iPoliticsca tweets:

Kent, Ablonczy, Fantino and Menzies are the new four in Cabinet #cabshuff #cdnpoli

I suppose I could have tuned in to CPAC, but like many web video services, it doesn’t play nice at the office.

What is your favourite method for watching political news? . . . [more]

Posted in: Substantive Law: Legislation

Anti-Spam Legislation Passed, Awaits Proclamation

David Canton has kept Slawyers abreast of developments concerning Canada’s anti-spam legislation: FISA – New Anti-Spam Bill Introduced; Plethora of Pending IT Legislation. But we neglected to report that Bill C-28 passed third reading on December 14 and received Royal Assent a day later. Evidently, it won’t be proclaimed in force until September of 2011, to give us all time to get our acts together.

The text of the statute is available here [PDF].

I’ve been coy about naming the beast (78 pages in the official version), because the name it goes by appears nowhere in the act. . . . [more]

Posted in: Substantive Law: Legislation

Flight Rights Canada – Airline Passenger Rights

There has been much in the news on stranded airline passengers due to the recent blizzard in the North East. A newspaper story here from Russia describes a fairly grim situation at airports in Moscow.

I too was affected, after having spent a great time in New York City over the Christmas break. We were due to return via Newark International Airport on Monday (with the heart of the blizzard striking Sunday evening). The iPad came in very handy to constantly check the status of our delayed flight, which was eventually cancelled and re-scheduled to Tuesday (we made it out, . . . [more]

Posted in: Substantive Law: Legislation

Ontario Publishes Advisory Panel Report on Anti-Activist Lawsuits

The Ontario government this week made public the final report of an advisory panel on SLAPP suits (Strategic Litigation Against Public Participation).

SLAPP suits typically take the form of abusive defamation lawsuits aimed at shutting down criticism by non-governmental organizations or citizen lobby groups. Targets of SLAPPs in various parts of North America have been local residents, neighbourhood associations, municipal governments, and peaceful protesters, who have been sued for acts such as reporting bylaw violations, speaking at municipal meetings or even just picketing and circulating petitions.

The panel recommends that Ontario adopt anti-SLAPP legislation to protect the freedom of the . . . [more]

Posted in: Substantive Law: Legislation

CSST Services and Website Available Only in French

The Office québécois de la langue française requires that all communications between the Commission de la Santé et de la Sécurité du Travail du Québec (CSST, Quebec’s workplace health and safety board) and employers, suppliers and partners take place in French only, to comply with the Charter of the French Language. However, if the head office of those parties is located outside Quebec, they may be served in English.
Posted in: Substantive Law, Substantive Law: Legislation

OAS Reform Passed

We have a new law in Canada, or we will when it received Royal Assent. Bill C-31, An Act to amend the Old Age Security Act, made it through the House of Commons and the Senate.

SUMMARY
This enactment amends the Old Age Security Act to preclude incarcerated persons from receiving benefits under this Act while maintaining entitlement to benefits for, and avoiding a reduction in the amounts payable to, their spouse or common-law partner under this Act.

Thank heavens that our minority government could all agree that Canadians would feel better to know that if you make it . . . [more]

Posted in: Substantive Law: Legislation

Bill on Gender Identity Protection Goes to Third Reading

Bill C-389, a private member’s bill entitled An Act to amend the Canadian Human Rights Act and the Criminal Code (gender identity and gender expression) was “concurred in at report stage” in Parliament yesterday, and now will move on to third reading. The bill would add the phrase “gender identity, gender expression” to the list of prohibited bases for discrimination found in the Canadian Human Rights Act and the relevant hate propaganda and sentencing sections of the Criminal Code (ss. 318(4) and 718.2(a)(i) respectively).

There is a wide range of people who would be potentially protected by . . . [more]

Posted in: Substantive Law: Legislation

Le Code Pénal – 200 Ans Aprés – en Fête

While of course legal scholars consult the current version of the text, both the Senate and the Cour de Cassation held parties and conferences recently to celebrate the fact that the legislature passed the original Code pénal on February 12, 1810, and it entered into force on 1 January 1811. This is of course six years later than the even more influential Code civil.

You can see the original text on Google Books.

Here is an audio discussion by Yves Mausen, Yves Jeanclos and Yves Mayaud of the background to the history of the Code.

The celebration . . . [more]

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

Airport and Port Employees May Be Subject to Expanded Searches

According to a report from iPolitics.ca, Canadian Privacy Commissioner Jennifer Stoddart is investigating a government plan to give Canada Border Service Agency (CBSA) officers expanded powers to search airport and port employees in new customs-controlled areas. The plan aims to curtail organized crime, drug trafficking and contraband items by cutting down on port employees’ involvement in the trades.
Posted in: Substantive Law, Substantive Law: Legislation

System for Conducting Criminal Background Checks Revamped but Employers Still Face Challenge

The RCMP has recently made changes to the national system for accessing information about individuals’ criminal records. This post describes the relevant background and the changes, with a focus on what is relevant to employers .

Background on CPIC and background checks

The Canadian Police Information Centre or “CPIC” is an information system through which Canadian law enforcement agencies obtain information on crimes and criminals from an RCMP administered national database. The national database contains a range of information useful to law enforcement, including records about hybrid and indictable offences. “CPIC agencies” (local police forces) voluntarily report information to the . . . [more]

Posted in: Miscellaneous, Substantive Law: Legislation