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Archive for ‘Substantive Law: Legislation’

Ontario Clothesline Bans Banned

A legal low-tech note for a Friday — which is still law and technology and, so, fit meat for Slaw:

The Premier of Ontario will announce today that a regulation taking effect immediately will undo any existing bans on the use of clotheslines by homeowners and preclude any such bans in the future. The regulation, which hasn’t yet made it to the e-laws site, is made pursuant to the Energy Conservation Leadership Act, 2006, S.O. 2006, c.3, Schedule A:

s.3(2) A person is permitted to use designated goods, services and technologies in such circumstances as may be prescribed, despite

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

Oregon Claims Copyright Over Laws

Boing Boing gives us Carl Malmud’s report that U.S. free access sites Justia and Public.Resources.Org have received take-down letters from the Oregon Legislative Counsel in connection with their publishing of Oregon’s laws. Apparently West Publishing, which has also reproduced Oregon’s laws without a licence from the state, will not receive a similar demand.

I know that Canada and Ontario claim Crown copyright in our laws but explicitly permit copying if the material is reproduced accurately and that copyright is acknowledged. . . . [more]

Posted in: Legal Information, Substantive Law: Legislation

Leg@l.IT2008: Canada’s Premier Legal Technology Conference

For all you law and IT lovers, I am pleased to announce that Leg@l.IT is back this year! With Canada’s Privacy Commissionner, Jennifer Stoddart, and Prof. Pierre Trudel as co-presidents, three tracks with the most interesting and en vogue subjects (here is the agenda) and an impressive group of speakers, including fellow Slawers (Simon Chester, Jordan Furlong and Vincent Gautrais) and blogger (David Bilinsky), it is THE event you don’t want to miss!

Leg@l.IT is an accessible and spearheading conference, the most important of this kind in Canada, about the potential and . . . [more]

Posted in: Education & Training: CLE/PD, Legal Information: Information Management, Legal Information: Libraries & Research, Practice of Law, Substantive Law, Substantive Law: Judicial Decisions, Substantive Law: Legislation, Technology

For the Birds

The Canadian Constitution is a point of no small amount of pride in many Canadians and also a point of some contention. In this day and age we sometimes struggle to fit issues of the modern day with the Constitution. Equality rights, euthanasia, religion, terrorism and more, are all issues which we struggle to fit into our constitutional framework. Another issue has been added to the list: Migratory Birds.

In August of 1916 Canada (or more properly the U.K.) and the United States concluded a treaty in recognition of the importance of protecting Migratory Birds which were “…in danger . . . [more]

Posted in: Substantive Law, Substantive Law: Legislation

Breaking …. News

R v Ferguson 2008 SCC 6

[73] A final cost of constitutional exemptions from mandatory minimum sentence laws is to the institutional value of effective law making and the proper roles of Parliament and the courts. Allowing unconstitutional laws to remain on the books deprives Parliament of certainty as to the constitutionality of the law in question and thus of the opportunity to remedy it. Legislatures need clear guidance from the courts as to what is constitutionally permissible and what must be done to remedy legislation that is found to be constitutionally infirm. In granting constitutional exemptions, courts would be

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

Slashdot Does Law

There’s an interesting (and long) post on Slashdot that’s essentially a riff by a non-lawyer on vagueness and interpretation in law. What attracted me was the title, which is taken from the opening thought (by another Slashdot contributor): Next Year’s Laws, Now Out in Beta!, the thought being, essentially, that if laws were produced like software, there’d be a trial period where beta testers attempted to break it, confound it or expose ambiguities in it.

I seem to recall that it’s suggested from time to time that the legislature deliberately float draft bills through law schools to let the . . . [more]

Posted in: Substantive Law: Legislation

Proposed Earlier Day for Ontario Legislature

According to news reports this morning, the Ontario Liberal Party (currently in power) have contacted the opposition parties with a proposal to change the hours of the Ontario Legislative Assembly. The proposal is to start daily sitting of the Assembly at 9:30 a.m. rather than 1:30 p.m. This would mean holding Question Period in the morning rather than the afternoon, therefore allowing for more attendance in the afternoon rather than sparse attendance in the evenings which sometimes went until midnight. They also hope this effort will allow for the passing of more private legislation.

From today’s Globe and . . . [more]

Posted in: Substantive Law, Substantive Law: Legislation

WestlaweCarswell Search Templates

I often consult WestlaweCarswell for electronic access to the Index to Canadian Legal Literature. I use the search template designed for that purpose. Usually I rely on general keyword searches. But today, since my research related to a specific piece of legislation, I thought I would use the “Legislation” field. Unfortunately, my various search term combinations did not easily yield the results I sought.

Here is a hypothetical example to illustrate my point:

If I entered Criminal Code 123 into the “Legislation” field, I got one hit, which actually related to s. 123 of another act and a different section

. . . [more]
Posted in: Legal Information: Libraries & Research, Substantive Law: Legislation

Bill C-12 Receives Royal Assent; Wages & Pensions to Be Protected

The Canadian Labour Congress announced a “Victory for Workers” on Friday:

Workers finally have new law to protect their wages

OTTAWA – Canadian workers have finally won new legal protection for their wages and their pension contributions when their employer goes bankrupt. Bill C-12, a series of amendments to existing insolvency and wage protection laws, was approved by the Senate last night and received Royal Assent today. This was accomplished after an intensive three-year campaign by the Canadian Labour Congress and its affiliated unions to change bankruptcy laws that unfairly put workers last in line to get paid.

It seems . . . [more]

Posted in: Substantive Law, Substantive Law: Legislation

Canadian Parliament Forcing Re-Opening of Nuclear Reactor

The Canadian Parliament held emergency sittings of both the House of Commons and the Senate last night to pass through Bill C-38 on an urgent basis. This Bill is meant to force the re-opening of the Chalk River Nuclear Reactor, previously closed by the Canadian Nuclear Safety Commission in November on safety concerns. This reactor reportedly creates two-thirds of the world’s isotopes for use in medical evaluations or treatment, including for cancer. There is now a world shortage of these isotopes which has pressured the government to make this move. Bill C-38 was passed last night, but is not yet . . . [more]

Posted in: Substantive Law: Legislation

“College Part-Timers Closer to Union Rights”

This Ottawa Citizen article on the appointment of Kevin Whitaker to review the Ontario ban on unionization of part-time College workers went out on the CAUT Contract Academic Staff wire today.

The past decade has seen great strides in unionization of part-time (aka Sessional or Contract Academic Staff) university teachers. While some full-time faculty associations have acquired rights for these additional units, many are organized by national unions such as CUPE (which tend to hold rights for Teaching Assistant units as well). The article indicates that the “newly formed Organization of Part-time and Sessional Employees of the Colleges of Applied . . . [more]

Posted in: Substantive Law, Substantive Law: Legislation

World’s Silliest Laws and Weirdest Cases

The British Broadcasting Corporation has a report about a survey to choose the most bizarre and ridiculous laws still on the books in the UK.

Some 4,000 people took part in the poll by the British television channel UKTV Gold.

Among the silliest laws, according to the vox populi (or is that vox dei?):

  • It is illegal to die in the Houses of Parliament
  • It could be regarded an act of treason to place a postage stamp bearing the British king or queen’s image upside-down
  • In the UK, a pregnant woman can legally relieve herself anywhere she wants
  • It is
. . . [more]
Posted in: Substantive Law: Legislation