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Archive for ‘Substantive Law: Legislation’

Update on Anti-Hate Provisions of Human Rights Legislation

On October 28, 2010, the Supreme Court of Canada granted the Saskatchewan Human Rights Commission leave to appeal the decision of the Saskatchewan Court of Appeal in the Whatcott case. In this appeal, the commission will be asking the Court for guidance on where the line should be drawn between extreme speech and the right of citizens to express their beliefs freely. You can read more on the case and topic in previous Slaw posts here and here.

A date for the hearing hasn’t yet been set.

In the meantime, the Saskatchewan government say they plan to introduce amendments . . . [more]

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

Plethora of Pending IT Legislation

Those who practice in the IT area have a lot of potential new law to digest. The Federal government has several bills in various stages that will affect many businesses and organizations, and all of us as consumers. These bills have been mentioned on Slaw, but I thought it was worthwhile listing them all in one place. 

Bill C-28 Fighting Internet and Wireless Spam Act.

This bill brings in several anti-spam measures. While this is welcome by most people, the language has the possibility to affect how typical businesses communicate. Things that we may not consider to be spam . . . [more]

Posted in: Substantive Law: Legislation

Criminal Code Amendments Introduced

I could have titled this post MORE Criminal Code amendments introduced. Between House of Commons Bills C-2 and C-52, 11 are related to the Criminal Code or its related legislation (youth justice, criminal records). November 1, 2010 saw the introduction of Bills C-51 (Investigative Powers for the 21st Century Act) and C-52 (An Act regulating telecommunications facilities to support investigations). Bill C-46 from the 40th Parliament, 2nd Session 2009 was similar to Bill C-51, but died on the order paper with the end of the session.

There is an interesting Department of Justice Backgrounder on C-51. . . . [more]

Posted in: Substantive Law: Legislation

The Wickwire Debate – Conflict About Conflicts

Today’s posting comes (almost live) from the Schulich Law School at Dalhousie University where Richard Devlin and the organizing committee managed what many would have considered impossible – made legal ethics interesting and relevant to a student audience. Dalhousie staged a lively well fought and provocative debate about the hottest current issue in professional ethics in Canada, the issue of Conflicts of Interest.

We at Slaw have had postings on the CBA Task Force Report on Conflicts of Interest and the Federation of Law Societies response.

Today’s Wickwire Lecture – named after F.R. Wickwire, a leading member of the . . . [more]

Posted in: Practice of Law, Practice of Law: Practice Management, Substantive Law: Legislation

Alberta Court Rules Change November 1 2010

Time flies when you are having fun. For those of us in Alberta anticipating changes to court rules on November 1, 2010, time has flown quickly indeed.

I have written about the new Alberta Rules of court here and here and here, but just in case, I thought it worthwhile to touch on this topic one more time.

I have spent quite a bit of time lately helping with the final checks of my firm’s court precedents collection. Alberta’s Rules are significanly changing and so the form of documents that will be filed on and after November 1, 2010 . . . [more]

Posted in: Substantive Law: Legislation

Labour Standards Reciprocal Enforcement Agreements

On September 29, 2010, new legislation allows Quebec to enter into reciprocal agreements with other Canadian provinces and territories to enforce the payment of wages and other moneys owed to local employees of Quebec-based organizations, as laid out in the other jurisdictions’ respective employment standards legislation.
Posted in: Substantive Law, Substantive Law: Foreign Law, Substantive Law: Legislation

Sex Workers in British Columbia Launch Their Own Challenges to Canada’s Prostitution Laws

Following the landmark ruling on September 28, 2010, by Ontario’s Superior Court Justice Susan Himel, which struck down various sections of the Criminal Code of Canada dealing with prostitution because of safety and security concerns to sex trade workers, and effectively decriminalized prostitution in Ontario, another case in British Columbia would like to follow suit.
Posted in: Substantive Law, Substantive Law: Judicial Decisions, Substantive Law: Legislation

Privacy Commissioner Troubled by Canadian Government Practices

In her annual report to Parliament on the Privacy Act last week, the federal Privacy Commissioner expressed concerns about several issues. The Privacy Act deals with privacy issues for the Federal government.

Issues included the way surplus equipment and paper is disposed, and improper and unauthorized access to documents. Highlights from the press release include:

  • Wireless audit: Of five federal entities examined, none had fully assessed the threats and risks inherent in wireless communications. Gaps in policies and/or practices resulted in weak password protection for smart phones and inadequate encryption for Wi-Fi networks and data stored on mobile devices. Shortcomings
. . . [more]

Posted in: Substantive Law: Legislation, Technology

$2 Million for Online Access to Public Government Documents

Our congratulations to Public.Resource.Org a non-profit organization focused on enabling online access to public government documents in the United States. Today it won a $2 million award from Google’s Project 10100 competition – 10100 is 1 googol – which called for “ideas to change the world”.

Google’s competition garnered 150,000 ideas from more than 170 countries. Google whittled that list down to a final 16 ideas for public vote. Public Resource came in second equal, after FIRST a non-profit organization that promotes science and math education around the world through team competition.

The Law.Gov initiative aims to make . . . [more]

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

The Real Truth About Truth in Sentencing

The Canadian Press is reporting that they have accessed an internal report which indicates that the real impact of Bill C-25 – An Act to Amend the Criminal Code, may be felt unevenly. Specifically, those in rural communities and Aboriginals may bear the brunt of the legal reforms.

The Bill, also known as the “Truth in Sentencing Act,” forces judges to impose 1-for-1 time for credit in pre-trial custody, unless written explanation is provided otherwise. For a number of reasons judges had previously been allowed to provide more credit for pre-trial custody, in practical recognition of the poorer conditions, . . . [more]

Posted in: Substantive Law: Legislation

A Great Month for Online IP Resources

Intellectual property researchers should have a look at WIPO Lex, a new reference resource from the World Intellectual Property Organization (WIPO) that provides up-to-date information on national IP laws and treaties of the members of WIPO, the World Trade Organization and the United Nations. It currently features the complete IP legal texts for over 60 countries with substantial coverage for a further 100 legal systems.

IP history buffs can also explore Primary Sources on Copyright (1450-1900) sponsored by the Arts & Humanities Research Council (Great Britain). It is a “collection of key primary documents from five countries—the United States, . . . [more]

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

Ontario Government to Review “Secret G20 Law”

The government of Ontario announced today that it has appointed former Chief Justice of Ontario, Roy McMurtry, to review the Public Works Protection Act. That is the so-called “secret G20 law” that purported to give police the authority during the G20 summit to search anyone coming within 5 metres of the large fence surrounding the summit in downtown Toronto.

The government’s announcement explains that Mr. McMurtry plans to make a report by the Spring of 2011.

Given that it is a short, six-section Act that is over seventy years old, the review should hopefully not be very complicated. As . . . [more]

Posted in: Substantive Law: Legislation