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Archive for ‘Substantive Law’ December 2008 Updates

On my must-read list are some of the articles for this month. The authors have put together some great resources. Here’s the line-up:

Neurolaw and Criminal Justice
Ken Strutin’s article highlights selected recent publications, news
sources and other online materials concerning the applications of
cognitive research to criminal law as well as basic information on the
science and technology involved. — Published December 28, 2008

Deep Web Research 2009
Marcus P. Zillman’s guide includes links to: articles, papers, forums,
audios and videos, cross database articles, search services and search
tools, peer to peer, file sharing, grid/matrix search engines,
presentations, . . . [more]

Posted in: Legal Information, Legal Information: Libraries & Research, Practice of Law, Substantive Law, Technology, Technology: Internet

2009 Strosberg Essay Prize

The 2009 Harvey T. Strosberg Essay Prize competition was announced earlier this month:

Harvey T. Strosberg, Q.C., Editor-in-Chief of the Canadian Class Action Review, and Irwin Law Inc. are pleased to announce the sixth annual Harvey T. Strosberg Essay Prize competition. The prize of $10,000 is awarded to an outstanding student paper on Canadian class actions.

The competition is open to all Canadian students enrolled in an undergraduate, graduate, or professional program. The deadline for submissions is 2 March 2009.

Please see the Irwin Law web page for details. . . . [more]

Posted in: Legal Information, Legal Information: Libraries & Research, Legal Information: Publishing, Substantive Law

Next Time Cite Slaw in Your Factum

Kevin O’Keefe recently discussed Digital Darwinism as it related to legal researchers, publishers and advertisers. The economic downturn, coupled with technological advances, has resulted in the demise of many major industries that have been the backbone of corporate America.

But O’Keefe also suggests another slightly troubling proposition,

Blogs will be widely cited in briefs and court decisions.

What better way to provide compelling arguments and establish binding precedent than sourcing articles with a milisecond publishing turnaround time?

There is obviously a broad variety of quality and depth in the legal blogosphere.

The credibility and authority of both the author and . . . [more]

Posted in: Legal Information, Legal Information: Libraries & Research, Legal Information: Publishing, Substantive Law, Technology

LCO Gears Up for New Year

The elves at the Law Commission of Ontario have been furiously pecking away at their keyboards to produce our next crop of consultation papers. John Hill has been putting the finishing touches to the Executive Summary for the pension division on marital breakdown final report (the text is in translation now), making it all shiny and bright.

Lauren Bates completed the next consultation paper for our older adults project and once translated, it will be distributed and appear on our website in the new year. We are experimenting with on-line comments for this consultation, along with the traditional submission format. . . . [more]

Posted in: Substantive Law

Privacy Commissioner to Release Guide on Social Networking at Work

According to their recent blog post, the Office of the Privacy Commissioner of Canada is expected to soon release guidelines to help employers draft policies for use of social networking sites in the workplace. The Office cites a recent study by Ryerson University that identified a digital divide between young Canadians who use social networks and their employers. The blog post explains:

…researchers found that, by and large, employers currently don’t have policies, guidelines or practices in place that govern the use of social networking sites in the workplace.

However, a small number of employers are starting to. So

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

P.M. Harper Names Senate Appointments

According to the CBC, these 18 have been named to the Senate by Prime Minister Stephen Harper:

  • Former broadcaster Pamela Wallin
  • Olympian Nancy Greene Raine
  • CTV personality Mike Duffy
  • Former N.L. MP Fabian Manning.
  • N.S. lawyer Fred Dickson.
  • Stephen Greene, former deputy chief of staff to N.S. Premier Rodney MacDonald.
  • N.S. businessman Michael L. MacDonald.
  • Long-time New Brunswick MLA and cabinet minister Percy Mockler.
  • N.B. lawyer John D. Wallace.
  • National chief of the Congress of Aboriginal Peoples Patrick Brazeau.
  • Former Quebec MP and teacher Suzanne Fortin-Duplessis.
  • Director of Via Rail Canada Leo Housakos.
  • Former Quebec MNA Michel Rivard.
  • Nicole
. . . [more]
Posted in: Miscellaneous, Substantive Law

Why Is Privilege So Important Anyway?

The concept of solicitor-client privilege goes back at least 400 years in the common law, and is one of the most well established concepts of privilege in our legal system.

The Canadian Security Intelligence Service (CSIS) was recently caught listening and recording conversations with Mohamed Zeki Mahjoub and his lawyer since the Egyptian refugee and terrorism suspect was released on bail over a year and a half ago.

When challenged by Justice Carolyn Layden-Stevenson, CSIS lawyer Jim Mathieson agreed that any such recordings would stop, and records would be erased.

But other defence lawyers have now raised some very serious . . . [more]

Posted in: Practice of Law, Substantive Law

Access to Justice Network Guide to Prorogation

The Access to Justice Network, a public legal information network funded by the Alberta Law Foundation, recently posted material about the federal political crisis relating to prorogation that shook Parliament, the pundits and the people earlier this month.

Other recent material on the topic includes:

. . . [more]
Posted in: Substantive Law

Common Cases

I thought I’d take this opportunity to tap into Slaw’s coast-to-coast reach for a quick poll: how many courts across the country have created a rule/practice direction/notice to the profession that lists common cases and says they don’t have to be included in the case books filed by the parties? I was aware of such a list in Prince Edward Island, and I recently learned that such a practice has existed for some time in British Columbia and, more recently, before the Federal Court (though the current list appears to be limited to immigration matters). Where else? 

I . . . [more]

Posted in: Practice of Law, Substantive Law

Also From Hein – Don’t Overlook the Classics

Wealth of comparative and historical material in Hein Online’s Classics.

I just stumbled over a book I never knew existed:

1884 W. T. S. Daniel, The History and Origin of the Law Reports,
Together with a Compilation of Various Documents Shewing the Progress and Result of Proceedings Taken for Their Establishment and the Condition of the Reports on the 31st December, 1883

We have been debating law reporting for longer than we suspected. . . . [more]

Posted in: Legal Information, Reading, Substantive Law: Judicial Decisions

Newfoundland Standing Up for the Rights of Its People, or Opening the Way to Trade Disputes?

Yesterday the Government of Newfoundland and Labrador created history when it introduced and passed Bill 75 (now S.N.L. 2008, c. A-1.01), Abitibi-Consolidated Rights and Assets Act. The legislation takes away land and water rights, including ownership of all hydroelectricity rights from the generating station at Star Lake, and timber rights to forests on Crown land, from the U.S.-based company AbitibiBowater as of the end of March 2009 given to the company’s predecessor in 1909. Media are characterizing this both as “expropriation” and “repatriation” of the lands. . . . [more]

Posted in: Substantive Law, Substantive Law: Legislation

Australian Court Serves Documents via Facebook

So says Nick Abrahams in his similarly titled post of last week:

Today in what appears to be a first in Australia and perhaps the world, Master Harper of the ACT Supreme Court ordered that a default judgement could be served on defendants by notification on Facebook.

I wonder how long before this happens in Canada? After all, Canada is the country in the world with the highest Facebook penetration, as a percentage of its population… 29% in July 2008! Too bad Facebook doesn’t send back read receipts to lawyers serving documents on Facebook. . . . [more]

Posted in: Legal Information, Substantive Law: Judicial Decisions