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Archive for ‘Substantive Law’

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

A New Model for Legal Publishing

I came across the following enthusiastic review of a new book on the law of Bail:

Faris on Bail is the most extensive and insightful book written on the law and practice of bail in Victoria. It is clearly written and structured and includes a reference and link to every relevant case on the topic. It provides lawyers and judges with a complete resource on the relevant law and is one of the few legal publications that provides an exhaustive treatment of a subject matter.

Well what’s unusual about that, you might ask.

Legal publishing in jurisdictions like Victoria – . . . [more]

Posted in: Legal Information, Legal Information: Publishing, Miscellaneous, Reading, Substantive Law

Cleo Launches “All Women. One Family Law” Campaign

Last week Family Law Education for Women (FLEW) unveiled a public education campaign called “All Women. One Family Law” to ensure that women in Ontario know their legal rights under provincial family law. FLEW is a public legal education project funded by Ontario to develop materials to inform women’s decisions about family law issues.

Here is the English language website, the French website and news announcements in both English and French. The information itself is in English, Chinese (traditional), Punjabi, Tamil, French, Chinese (simplified), somali, Urdu, Arabic, Farsi and Spanish.

I particularly liked the embedded video in the . . . [more]

Posted in: Legal Information, Substantive Law

Unfiltered Orange – Electronic Discovery Industry Updates


The folks over at Orange Legal Technologies have put together a news feed they are calling “Unfiltered Orange” focussing on electronic discovery. You can access Unfiltered Orange a few ways:

They are apparently using Twitter to create the original feed. They have created this . . . [more]

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

Continuing Efforts to Bring Omar Khadr Home

Canadian citizen Omar Khadr is the only Western national left in Guantánamo Bay. Khadr and fellow detainee Mohammed Jawad are believed to be the first child combatants ever to face prosecution of alleged “war crimes”. Khadr was only 15 years old when he was captured by US forces in Afghanistan and later transported to the infamous US detention centre where he has now spent more than a quarter of his life. Khadr faces trial by US military commission. The military commissions fall so far short of international human rights standards that it is impossible for Khadr to receive a fair

. . . [more]
Posted in: Education & Training: CLE/PD, Miscellaneous, Substantive Law

Après Le Deluge De Data…quoi?

An article in the recent Communications of the ACM (Association for Computing Machinery), “Got data?: a guide to data preservation in the information age,” makes the case for urgent investment in data cyberinfrastructure — whatever is required to store, manage, catalog and access data.

(Note: that link won’t give you much joy unless you happen to subscribe to the ACM portal. Fortunately, the author, Francine Berman, who is Director of the San Diego Supercomputer Center, has put up on her website a version of the piece in PDF, “Surviving the Data Deluge.” Such is the . . . [more]

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