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Archive for ‘Substantive Law: Legislation’


If you have been to Halifax, then you have seen the Citadel. The Halifax Citadel is a rather distinguishing feature of the capital of Nova Scotia, in fact it would be safe to say that the existence of the Citadel was the reason for the creation of the municipality known as Halifax. Technically; however, the citadel does not belong to Halifax, it is federal land, specifically a national historic site. Therein, lies the crux of a long simmering dispute between the Halifax Regional Municipality and the Federal Government that is heading to the SCC.

In short, the municipality feels . . . [more]

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

The AODA Era Part I: The Accessibility Standards for Customer Service, How Much Time Do I Have?

The AODA customer service standard outlines what businesses and other organizations in Ontario must do to make their goods and services more accessible to people with disabilities. Every person or organization that provides goods and services to members of the public or other third parties, and has at least one employee in Ontario, must comply; this includes law firms.
Posted in: Practice of Law, Substantive Law, Substantive Law: Legislation, Technology

Three From the World

Since I’m in rural Spain, I’ve no facilities for lengthy posts, so three pointers to interesting items from elsewhere in the world.

Let’s start with the best legal research sites you’ve never heard of. In an interview with LegallyIndia today, the ILS Pune Mooting Team – on their way to DC for the Jessup moot – were asked what research databases they used. Here is the answer:

MPL: How many online databases did you use for mooting research? Which, according to you, is the best online legal database?

Madhupreetha: Westlaw, Lexisnexis, Maxplanck, Oxford reports and Oxford Scholarship online were some

. . . [more]
Posted in: Miscellaneous, Practice of Law: Future of Practice, Substantive Law: Foreign Law, Substantive Law: Legislation

Fundamental Values of the Quebec Nation: Defining an Identity

The issues of prayers and religious symbols in provincial legislatures and municipal councils; religious-based schools and practices; and Canada as a multicultural country have caused widespread debate in Quebec and across Canada of late. You can hardly open a newspaper or listen to a news report and not catch at least one instance of it. Furthermore, with the recent increase in immigration, many Quebecers—and Canadians—are trying to define their identify: what does it mean to be a citizen of Quebec and a citizen of Canada? It has become a national issue!
Posted in: Miscellaneous, Substantive Law, Substantive Law: Legislation

One Way to Cut Red Tape

The Beef Cattle Marketing Act, R.S.O. 1990, c. B.5, s. 3, provides:

    3(1) Except under the authority of a licence, no person shall sell cattle.

    (2) Every person who sells cattle shall be deemed to be the holder of a licence.

This technique certainly cuts down on unnecessary paper work!

I did not find this; a colleague directed me to it. He described it as “the best tautological statutory provision” that he had seen. . . . [more]

Posted in: Substantive Law: Legislation

The Why of a Legislative Change

One of the tasks a law librarian might carry out is legislation monitoring. At the Field Libraries we keep a detailed spreadsheet of which bills lawyers or clients may want status updates for, we monitor legislation from any jurisdiction and we email interested parties whenever there is a status change for a bill. We also watch for regulations, proclamations, government news releases and other published legislation hints. It is one of those tasks that is best carried out by a small organized team so that only the relevant information is disseminated to the many. I confess to a geeky interest . . . [more]

Posted in: Substantive Law: Legislation

Federal Law – Civil Law Harmonization

When the Quebec Civil Code came into force in 1994, replacing the Civil Code of Lower Canada, the Department of Justice began a process to review federal law with an eye to harmonizing it with the new code, essentially in areas where federal law deals with matters that in other respects fall within “property and civil rights within the province.” According to the recent legislative summary [PDF] from the Legal and Legislative Affairs Division Parliamentary Information and Research Service, the aim seems more to acknowledge and “respect” the civil law tradition than it does to correct terminology that has been . . . [more]

Posted in: Substantive Law: Legislation

Quebec and the Kirpan

As readers may recall, a few weeks ago a delegation of Sikhs, invited to the Quebec National Assembly to make a presentation to a committee, was turned away by security when they declined to surrender their kirpans. Subsequently the Parti Québécois tabled a motion yesterday respecting kirpans, and today Quebec’s Liberal government has said it will support that motion.

The motion put forward by the PQ is rather more narrow than has been reported in the press, which speaks simply of “a ban”; it reads as follows:

Que l’Assemblée nationale appuie sans réserve la décision prise par sa Direction de

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

Do Naturists Offend Public Order in the 21st Century?

Brian Coldin, a naturist and owner of a nude resort in Barrie, Ontario, considers clothing optional even in public places. Coldin has launched a constitutional challenge of the Criminal Code provisions against public nudity, saying the Code limits freedom of expression and is too broad. Coldin’s lawyer, Clayton Ruby, calls the Code’s nudity provisions an oddity, meaning they are outdated and improperly worded.
Posted in: Substantive Law, Substantive Law: Judicial Decisions, Substantive Law: Legislation

More on the Anti-Spam Act

I just finished listening to another IT-Can teleconference on the anti-spam act, this one presented by Barry Sookman and Lorne Salzman of McCarthy Tetrault. For those wanting more detail, slides will be posted soon on the IT-Can website, the McCarthy Tetrault website, and Barry’s blog.

It reinforced my earlier concerns that this legislation is going to affect almost every business or organization. Many of its provisions strike me as a sledgehammer to kill a fly approach. Some of the highlights from the teleseminar are as follows:

Why be concerned?

There are large penalties for violations. They include extensive awards for . . . [more]

Posted in: Substantive Law: Legislation