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Archive for ‘Substantive Law: Legislation’

The Sound of Silence

Six Canadian provinces have legislative recognition of Remembrance Day, though only two mention Two Minutes Silence, Ontario and Alberta. Nova Scotia for example says:

Every employer carrying on or engaged in an industry to which Section 3 does not apply shall, subject to Section 8, relieve the employees in the industry from duty, and suspend the operations of the industry, for a period of three minutes, at one minute before eleven oclock in the forenoon.

This post is about silence, and the legal protection of silence.

You have the right to silence. And in Quebec, a judge cannot refuse . . . [more]

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

A Spring Bill in Autumn

Perverse as it may be in November to contemplate Spring, today’s postings on the law of time and Bills prompt me to dredge out the wonderfully quirky piece of parliamentary draftsmanship, A.P. Herbert’s Spring Arrangements Bill.

The statute is referred to in Drafting Cayman Islands trusts, by James Kessler, Tony Pursal at page 148.

A.P. Herbert was the MP for Oxford University and a passionate advocate for Newfoundland independence – which made him a bete noire of Joey Smallwood in the Book of Newfoundland – see Peter Neary’s Newfoundland in the North Atlantic World, 1929-1949. Herbert’s . . . [more]

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

The Law of Time

Most of us outside Saskatchewan put our clocks back an hour yesterday, and we’ve now returned to what some might call “God’s time”. Of course, when it comes to the o’clock, it’s actually the law that disposes, and the law’s been setting our watches backwards and forwards for just over a hundred years. At the beginning of the last century, the English builder, William Willet, found a champion in Parliament to get his scheme passed for recapturing “some of the hours of wasted sunlight in the spring, summer, and autumn.”

Perhaps fearing that a jump of a full . . . [more]

Posted in: 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