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Archive for ‘Substantive Law: Legislation’

A Canada Evidence Code Should Replace the Canada Evidence Act, Part 1

Part 1: The failure of the Law Reform Commission of Canada’s Evidence Code

For decades experts in the law of evidence have called for comprehensive legislative reform of the law of evidence in Canada, but it hasn’t happened. The great success of the U.S. Federal Rules of Evidence (the FRE), operative from July 1, 1975 (but from Dec. 1, 2011, known as the Restyled Federal Rules of Evidence), makes Canada’s failure to enact a true code of evidence a considerable loss to its administration of justice. Almost all U.S. states have adopted the FRE as their state codes of . . . [more]

Posted in: Substantive Law: Legislation

CASL – Bah Humbug to Holiday Greetings

We all receive – and many of us send – electronic holiday greetings this time of year. They can range from a simple email to animated cards to elaborate videos.

Next December the new anti-spam law (aka CASL) will be in force. Depending on how we send holiday greetings, what is in them, and who we send them to, CASL will act like the Grinch to classify some of them as spam, and make the sender subject to a massive fine or other remedies.

Figuring out whether a Christmas card is spam, like any other electronic message, will not be . . . [more]

Posted in: Substantive Law, Substantive Law: Legislation

Court of Appeal Says Private School’s Decision to Expel Pot Smoking Student Not Subject to Judicial Review

The Court of Appeal has unanimously ruled that a private school’s decision to expel a student is not subject to judicial review.

In September, 2012, the Divisional Court quashed Appleby College’s decision to expel a student on his last day of high school for smoking pot in his residence. A quick refresher on the facts of the case can be found in a post I wrote last November.

In a nutshell, Mr. Setia was caught smoking pot in his residence at Appleby College (a prestigious Ontario private high school) on the day before his final exam of high school. . . . [more]

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

Electronic Communications Under Federal Law

The electronic documents part of the Personal Information Protection and Electronic Documents Act (PIPEDA) generally operates on an opt-in basis. Thus, for example, s. 41:

A requirement under a provision of a federal law for a document to be in writing is satisfied by an electronic document if

(a) the federal law or the provision is listed in Schedule 2 or 3; and

(b) the regulations respecting the application of this section to the provision have been complied with.

To date, only the Federal Real Property and Federal Immovables Act and a small part of . . . [more]

Posted in: Substantive Law: Legislation, Technology, ulc_ecomm_list

Canada’s Anti-Spam Law to Come Into Force on July 1, 2014 — Time to Get Ready!

On December 4, 2013, the Honourable James Moore, Minister of Industry announced that Canada’s new anti-spam law (CASL) will come into force on July 1, 2014.

Concurrent with this announcement, Industry Canada published its finalized Electronic Commerce Protection Regulations (ECPR) with respect to CASL. These regulations were released in response to concerns that its initial set of regulations imposed unnecessary and overly burdensome requirements with respect to the dissemination of commercial electronic messages (CEMs).

After further consultation, Industry Canada introduced a degree of increased flexibility in the ECPR by including, among other things, changes related to familial relationships, excluded CEMs, . . . [more]

Posted in: Substantive Law: Legislation, Technology: Internet

Crime Comics and the Remnants of a Moral Panic

The federal government’s Bill C-13 has come in for a good deal of well-deserved criticism — principally for being in fact an omnibus bill and for increasing the power of authorities to invade our privacy. A recent critique of the bill by Peter Nowak in Canadian Business caught my attention because it reminded me that it’s still illegal to publish a crime comic. The prohibition occurs in s.613 of the Criminal Code:

163. (1) Every one commits an offence who . . .

(b) makes, prints, publishes, distributes, sells or has in his possession for the purpose

. . . [more]

Posted in: Miscellaneous, Substantive Law: Legislation

Call for Corrections to the 2012 Federal Employment Insurance Reforms

On November 27, 2013, Quebec’s National Employment Insurance Review Commission released its report regarding the impact of the federal government’s 2012 changes to the Employment Insurance (EI) program. The report makes 30 recommendations, with three key recommendations calling for the provincial and federal governments to negotiate an agreement giving Quebec the power to manage its own EI system to meet the needs of the province’s labour market. . . . [more]

Posted in: Justice Issues, Miscellaneous, Substantive Law, Substantive Law: Judicial Decisions, Substantive Law: Legislation

Anti-Spam Act (Aka CASL) in Force July 1, 2014

The latest word is that Canada’s anti-spam legislation will be in force on July 1, 2014, with the software provisions coming into force in January 2015. The final regulations will be published in the Canada Gazette on December 18.

More information about the law can be found in previous articles here.

Proponents of the law feel that it is going to have a substantial effect on the fight against spam. But as I have said before, my personal view is that the legislation as drafted is ill-conceived and will be a compliance nightmare for businesses and charities.

Stay . . . [more]

Posted in: Substantive Law: Legislation

Quebec’s New Code of Civil Procedure

For those of you who do not know, Quebec will likely enact Bill 28 An Act to Establish the New Code of Civil Procedure early next year. Despite the fact that the last major overhaul to civil procedure in the province is less than 10 years old, the new Code will bring major changes to the way proceedings are conducted in Quebec. The mere fact that the articles contained in the Code will be whittled down from 1221 to 777 should give you an idea of how significant the amendments are.

Most interestingly, many of the amendments are clearly aimed . . . [more]

Posted in: Substantive Law: Legislation

Law Library of Congress Report on Adjudication of Sexual Offenses in Military Justice Systems

The Law Library of Congress in Washington, D.C. has published a new comparative report on the handling and adjudication of sexual offenses in the military.

The report examines how the military justice systems of Australia, Canada, France, Germany, Israel and the United Kingdom deal with alleged sexual offending by service members.

The Library occasionally publishes reports that compare the laws on a given theme in a number of countries.

Earlier comparative law reports from the Law Library of Congress have covered topics such as:

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

Quebec Government Tables Bill to Give Regulatory Bodies Power to Suspend Members Facing Criminal Charges

Quebec’s Charbonneau commission into corruption in the construction industry has revealed numerous failings in the province’s regulatory regime, which the government is attempting to address with new laws. For instance, professional regulatory bodies have found they have little or no power to discipline members (e.g., engineers, lawyers) who have been charged with or have confessed to corruption in relation to construction projects in Quebec. These regulatory bodies have to wait until a disciplinary board (syndic) investigates and the disciplinary committee decides the individuals should be punished . . . [more]

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

Quebec Trying to Recover Misappropriated Funds From the Construction Industry

On November 13, 2013, Quebec’s Minister of Justice, Bertrand St-Arnaud, tabled Bill 61, An Act mainly to recover amounts paid unjustly by public bodies in relation to certain contracts in the construction industry in the national assembly. If enacted, Bill 61 would allow the minister of justice to seek compensation from businesses that defrauded public bodies or used fraudulent tactics or practices in the course of the tendering, awarding or management of public construction contracts, on behalf of all public bodies or government agencies. . . . [more]

Posted in: Substantive Law, Substantive Law: Legislation