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Archive for ‘Substantive Law: Legislation’

‘Gay-Straight Alliances’ in Schools Part of Anti-Bullying Bill

On May 3, 2012, Ontario’s Bill 13, the Accepting Schools Act, 2011 (which I discussed in a previous Slaw blog post), passed second reading and was referred to the Standing Committee on Social Policy. During committee hearings, the government heard loud and clear that it is important that students who want to establish student-led, single-issue groups, like gay-straight alliances in their schools should be supported and allowed to do so. The government also heard that students should be allowed to call these groups specifically “Gay-Straight Alliances” or other similar names. Hence, the committee made several amendments to Bill 13 . . . [more]

Posted in: Substantive Law, Substantive Law: Legislation

Do Privacy Laws Need More Teeth?

Canada’s Privacy Commissioner, Jennifer Stoddart, appeared yesterday before the House of Commons access to information, privacy and ethics committee. 

The Commissioner would like PIPEDA to include stronger penalties for privacy violations as an incentive to comply. PIPEDA currently has no financial sanctions. If a violator does not conform to a decision of the Commissioner, the recourse is for the Commissioner to take it to the Federal court, which has powers to order compliance and grant damages.

In part this seems to be driven by “…the apparent disregard that some of these social media companies have shown for Canadian privacy laws.”  . . . [more]

Posted in: Substantive Law: Legislation

Disappearing Legislation Watch Tool

I am spoiled. I admit it. My brothers used to call me Precious – I am sure they were being facetious. This character flaw leads to severe disappointment when tools that I like to use are delayed or disappear.

One of my favourite, and hopefully to reappear soon, tools is the Daily Bill Activity Reports of the Alberta Legislature. Following this link, you may think, “There is a 2012 document at the site, why is she complaining?”

Daily Bill Activity Reports page on May 29, 2012

The daily activity report doesn’t include the 28th Legislature. We started the 1st . . . [more]

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

Ontario Bill to Amend the Electronic Commerce Act

A private member’s bill, Bill 96, the Electronic Commerce Amendment Act, 2012, was introduced on May 17, 2012, to amend Ontario’s Electronic Commerce Act.

The bill does three things:

i) It repeals the exclusion of land transfers from the E-Commerce Act (paragraph 31(1)(d) of the Act, s. 2 of the Bill).

ii) It requires for a land transfer that is electronically signed, that

in light of all the circumstances, including any relevant agreement, the purpose for which the document is created and the time the electronic signature is made,

(a) the electronic signature is reliable for the

. . . [more]
Posted in: Substantive Law: Legislation, Technology, ulc_ecomm_list

Fundamental Labour Standards and Canada

The International Labour Organization (ILO), the agency of the United Nations that deals with labour issues, is seeking ratification of its eight conventions covering fundamental labour standards by 2015. The ILO Core Conventions are as follows:
Posted in: Substantive Law, Substantive Law: Foreign Law, Substantive Law: Legislation

B.C. to Have Official Online Dispute Resolution

A Ministry of Justice press release dated this Monday announced that British Columbia will become the first province to institute a system of online dispute resolution. Bill 44 — 2012, the Civil Resolution Tribunal Act, creates a tribunal with jurisdiction and powers very much the same as those of the small claims court but mandated to:

2 (1) . . . provide dispute resolution services in relation to matters that are within its authority, in a manner that
(a) is accessible, speedy, economical, informal and flexible,
(b) applies principles of law and fairness, and recognizes any relationships between parties

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

Guide for Investigating Workplace Corporate Negligence

On the 20th anniversary of the deadly Westray explosion that killed 26 miners in Nova Scotia, the Canadian Labour Congress (CLC) has released a guide for investigating corporate criminal negligence in the event of a serious injury or fatality in a workplace
Posted in: Substantive Law: Legislation

Quebec vs. Ottawa

The Quebec provincial government has filed today a reference motion with the Quebec Court of Appeal regarding the legality of Bill C-7 (see article here).

Bill C-7, or in its full title, an Act respecting the selection of senators and amending the Constitution Act, 1867 in respect of senate term limits, seeks, as it name suggests, to modify the way the country selects senators and how long they can sit for. The federal government would select its senators from a list of nominees proposed by the provinces, following an election in each of those provinces. Senators named after . . . [more]

Posted in: 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

. . . [more]
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

. . . [more]
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