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Archive for ‘Substantive Law’

The Other Side of the Moon Report

We blogged yesterday about the Report that Professor Moon made to the Canadian Human Rights Commission on whether hate speech on the web should be regulated by the CHRC or handled differently.

The Canadian Jewish Congress has issued a strong statement of dissent, quoting Mark Freiman of Mccarthy Tétrault. [Mark had done a commentary on the earlier CHRC ruling.] Here is the Globe op-ed piece by Mark as well as a CBC discussion.

If, as we suggested yesterday, the issue goes to the Commons Justice Committee – we can expect a spirited debate. . . . [more]

Posted in: Substantive Law

“Friends of the Earth” Appeals KPIA Decision

Ecojustice, formerly Sierra Legal Defence Fund, and pro bono lawyers from Paliare Roland Barristers, counsel for Friends of the Earth, have appealed the Federal Court decision in Friends of the Earth v. Canada (Governor in Council), 2008 FC 1183 (CanLII).

The court in that case held that it could not deal with the issue of whether the Minister of the Environment had failed to comply with the duty imposed on him under s.5 of the Kyoto Protocol Implementation Act, 2007, because the issue under the legislation was not justiciable. . . . [more]

Posted in: Substantive Law

Moon Report on Internet Hate Speech and the Human Rights Commission

Yesterday saw the release of Windsor Law Professor Richard Moon’s long-awaited report on Internet Hate Speech and the jurisdiction of the Canadian Human Rights Commission.

The editorial writers are lapping it up – here is the Globe and the National Post, as well as the CBC’s more measured coverage.

The principal recommendation of this report is that section 13 of the Canadian Human Rights Act be repealed so that the censorship of Internet hate speech is dealt with exclusively by the criminal law.

Justice Minister Rob Nicholson has described the Moon report “an important contribution” to the discussion . . . [more]

Posted in: Substantive Law, Technology

To Publish – or Not Publish – Judgments

At Slaw we’ve referred from time to time to the practice in some US courts of declining any precedential value to cases.

This week’s Minnesota Lawyer brings the debate into sharp focus with discussions of a recent case that appears to have been buried, despite its value. The case involved whether punitive damages could be awarded in defamation cases.

In Canada, the proliferation of electronically accessible case law of dubious value makes one nostalgic for the days when a stroke of the DLR editor’s pen could consign such case law to non-existence. . . . [more]

Posted in: Legal Information, Legal Information: Publishing, Practice of Law, Substantive Law: Judicial Decisions

The Editing of Reasons for Judgment Post-Release

There’s a possibly apocryphal story of Lord Denning MR changing his mind on who won an appeal after the judgment had been released to the WLR so that the WLR version has the plaintiff winning 2-1 while the All ER version had the defendant winning 2-1. [Challenge to those who have free access to Lexis – was there such a case?]

But this week’s Lawyer’s Weekly refers to a case being redacted by the Supreme Court of Canada after it had been released. The deletion was a reference to the Federal Government’s withdrawal from the Charter Challenges programme.

The counsel . . . [more]

Posted in: Practice of Law, Substantive Law: Judicial Decisions

What’s in a Name?

From national politics let’s turn our sights to the local variety: Bob LeDrew over at Flacklife has picked up the story of Oshawa City Councillor Robert Lutczyk who claims to hold the copyright on the name “University of Ontario Institute of Technology” among other names. Thing is, the University of Ontario Institute of Technology already existed before he supposedly copyrighted the name in 2005. . . . [more]

Posted in: Miscellaneous, Substantive Law

Virtual Worlds but Real (?) Property

The Register has an interesting report on crimes in virtual worlds.

According to a study [PDF] by the European Network and Information Security Agency (ENISA), there is a lot of crime in virtual worlds, and it can be lucrative.

Quoth the author of the study: “While annual real-money sales of virtual goods is estimated at nearly €2bn ($2.51bn) worldwide, users can do very little if their virtual property is stolen. They are a very soft target for cybercriminals.”

There is of course an action plan – indeed a 12-step program – one step of which is “Clarification of virtual property . . . [more]

Posted in: Administration of Slaw, Substantive Law, Technology, ulc_ecomm_list

Where There’s a “Will”…

There’s an interesting exchange over at AdamsDrafting between blogger Ken Adams and a couple of lawyers from Cassels Brock, John Gillies and Kathleen Hogan. The issue is the use of “shall” and “will” in business contracts, having, of course, to do with the expression of obligation and futurity, and vexed by a possibly differing practice of interpretation of the legislative use of these words.

How do you use these two tricky words in contracts? Do you define them in the contract or leave their meaning to interpretation?

I shall be interested in what you will have to say. . . . [more]

Posted in: Substantive Law

Toronto Opinions Group Makes Memos and Precedents Available

Slaw is pleased to announce that the Toronto Opinions Group (TOROG) has agreed to make public on Slaw memos and precedents that may prove to be helpful to others. The Toronto Opinions Group consists of a group of lawyers, primarily practising with the Toronto offices of the larger Canadian law firms, with an interest in third party (or transaction) opinion practice. TOROG meets regularly to review current opinion issues with a view, where appropriate, to discussing problems, assessing best practices and developing common approaches to opinion issues and opinion language. It does not involve itself in specific transactions or opinion . . . [more]

Posted in: Education & Training: CLE/PD, Legal Information: Information Management, Practice of Law, Substantive Law

CRTC Rejects Internet “throttling” Complaint

The CRTC has just released its decision in the complaint brought by the Canadian Association of Internet Providers against Bell regarding Internet “throttling” or “traffic shaping”. It rejected CAIP’s request, which turned on the specific wording of Bell’s wholsale service agreement. However, it has also announced that it will launch a proceeding to examine Internet traffic shaping as a question of policy, to determine whether new rules should be imposed.

The news release is here; the decision on the CAIP complaint is here. The public notice regarding the new proceeding does not yet appear to have been posted, . . . [more]

Posted in: Substantive Law

Canadian Government Throne Speech Vague on Justice Initiatives

The federal government’s Speech from the Throne was delivered today by Governor General Michaelle Jean in the Senate Chamber.

The Speech from the Throne outlined the recently re-elected Conservative government’s legislative agenda for the 40th Parliament.

As expected, the speech concentrated almost exclusively on the current worldwide economic crisis. Details of what the government plans to do about the slowdown will be unveiled next week by the Finance Minister.

Not that the government is relegating hot button law and order issues to the back burner.

The speech did mention justice initiatives, including added penalties for offences related to youth crime, . . . [more]

Posted in: Substantive Law