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Archive for ‘Substantive Law: Legislation’

Proposed Ontario Courthouse Security Legislation Questioned

The Toronto Lawyers Association (TLA) has raised an alarm over proposed Bill 34, Security for Courts, Electricity Generating Facilities and Nuclear Facilities Act, 2012 in Ontario. If passed as it is currently worded, Bill 34 will allow courthouse security to search all persons entering the court, including lawyers. The TLA maintains this is a potential exposure to lawyer-client privileged communications:

Under the proposed legislation, sections of the Police Services Act will allow for a search without warrant any person, vehicle or property in a person’s custody seeking access to a public courthouse. These search powers would include a person’s lawyer,

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

The Ambiguity of the Fish – Law Reform in Action

In a landmark decision just 24 days after April 1, the Canadian Trade-marks Office has clarified the definition of “fish”. Constitutional lawyers continue to wrangle over whether this stunning policy reversal will be given retroactive effect.

Subject: Mise à jour Manuel de marchandises et services – Wares and Services Manual Update

Dans le but d’éviter toute ambiguité que ‘poisson’ est un terme spécifique et en termes ordinaires du commerce, l’entrée ‘Poissons pour l’alimentation’ dans le Manuel de marchandises et services sera remplacée par ‘Poisson’ seul, avec la note suivante: Cette entrée fait référence à la définition la plus courante de

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

Privacy Management Program Guide Will Hopefully Help With Accountability

The Office of the Privacy Commissioner of Canada (OPC), and the Offices of the Information and Privacy Commissioners (OIPCs) of Alberta and British Columbia have developed a guide titled Getting Accountability Right with a Privacy Management Program. The guide aims to help organizations implement an effective privacy management program that meets private-sector privacy legislation and to provide consistent direction on what it means to be an accountable organization when dealing with individuals’ personal information, accountability being the first and foremost obligation under privacy legislation.

These guidelines will help businesses take data protection from policy to practice, explained BC Information

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Posted in: Substantive Law, Substantive Law: Legislation

Court Jurisdiction – the Supremes Weigh in (Again)

The Supreme Court today released its decisions in the van Breda, Banro and Black cases. It dismissed all three appeals.

I want to look in particular at van Breda, which deals at length with jurisdiction simpliciter and with forum non conveniens, with a discussion of real and substantial connection and a sideways glace at enforcement of foreign judgments (not yet at issue in this case, of course.) The Court, per Justice Lebel, sets out the principles of private international law.

In particular the Court upholds the Ontario Court of Appeal’s refinement of the factors that indicate a . . . [more]

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

Bill on Gender Identity Protection Back in Parliament

Currently, the Canadian Human Rights Act prohibits discrimination based on a person’s sex and sexual orientation, among other grounds. However, the prohibited ground of sex and sexual orientation is considered by advocacy groups as inadequate to clearly inform the public at large that unreasonable discrimination on the basis of gender identity and gender expression is prohibited; hence, the creation of Bill C-279.
Posted in: Substantive Law, Substantive Law: Legislation

Quebec Report Calls for Doctor-Assisted Euthanasia Legislation

After almost two years, the National Assembly’s Select Committee on Dying with Dignity tabled its 180-page report in legislature, on March 22, 2012. Titled Dying With Dignity, the report proposes “medical aid to die” and 23 other recommendations.
Posted in: Substantive Law, Substantive Law: Legislation

Bill C-12: Safeguarding Canadians’ Personal Information Act – Eroding Privacy in the Name of Privacy

The Government has recently announced its intention to focus on Bill C-12, the Safeguarding Canadians’ Personal Information Act, its attempt to update PIPEDA in accordance with the statute’s last 5 year review (which incidentally was conducted over 6 years ago). Bill C-12 is a lackluster piece of privacy protection that, in spite of its name, arguably does far more to erode privacy than it does to enhance it. One commentator even dubbed it’s last incarnation the ‘anti-privacy privacy bill‘. As the legislation can be expected to reemerge as early as two weeks hence, a few of its . . . [more]

Posted in: Substantive Law: Legislation, Technology: Internet

PRPPs vs. VRSPs

On November 17, 2011, the federal government introduced Bill C-25, the proposed Pooled Registered Pension Plans Act and making related amendments to other Acts in Parliament as a first step to implement the federal portion of the Pooled Registered Pension Plan (PRPP) framework that will particularly be applicable to small businesses and self-employed persons across Canada.

According to the government, just over 60 percent of Canadians do not have a workplace pension plan. That is a large chunk of workers who are left behind and who could face financial troubles in their retirement years. PRPPs will offer them a new, . . . [more]

Posted in: Substantive Law, Substantive Law: Legislation

Another Back to Work Legislation

The Canadian government is set to pass back to work legislation for certain categories of Air Canada employees to prevent any major disruption of air travel by a potential labour dispute following difficult and unsuccessful collective bargaining (see here). The Honourable Lisa Raitt, Minister of Labour, introduced a bill to this effect yesterday and it is expected that it will be adopted by tomorrow. The legislation would require that the disputes over working terms and conditions be referred to binding arbitration.

Back to work legislation for Air Canada was also considered back in 2011 (see a Slaw blog posting . . . [more]

Posted in: Substantive Law: Legislation

To Follow or Not to Follow

Hallelujah, @Orders-in-Council is tweeting again.

This twitter stream that monitors updates from the Privy Council Office has been intermittent to say the least. It is really important to know what is coming out of the Privy Council Office.

Given the on again off again nature of this particular twitter stream, should we follow it or not?

My instinct says watch for it, but continue with regular monitoring of the OIC database. What do you think? . . . [more]

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

New Social Media Darling Pinterest and Copyright Law

This weekend I participated in PodCamp Toronto, an unconference about social media with hundreds of participants. We had close to 80 sessions over the weekend, and a good number of them talked about or mentioned the newest social media darling, Pinterest. As a long-time blogger, I think of Pinterest as a photo blog with some advanced functionality, but the rest of the world sees it more like an online scrap book or bulletin board. With Pinterest, users “pin” images they have found around the Internet that inspire them to a “pin board”. Individuals can have many different pin . . . [more]

Posted in: Substantive Law: Legislation, Technology: Internet

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