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Archive for ‘Substantive Law’

Slaw Scavenger Hunt – Getting Close to the End Update – the Hints Worked

We reported yesterday that we seemed to have stumped readers. Not any more. Within twelve hours of yesterday’s post, fully 20% of the outstanding items had been guessed. Tick off the Haflida Skra or Gràgàs in Reykjavik, the Field Code from New York and UN resolution 1962 of December 13, 1963, on the “Declaration of legal principles governing activities of states in the exploration and use of outer space”.

The remaining items in the global Scavenger Hunt are falling fast.

In terms of the contest list of 50 dates, set by the two Simons, the table below lists the dates . . . [more]

Posted in: Legal Information, Substantive Law

Virtual Appearances

A bill now before the U.K. House of Lords would remove the right to be present at a hearing for certain matters consequent upon being charged with an offence. Amendments to the Crime and Disorder Act 1998 proposed in the Coroners and Justice Bill 2008-09 [PDF] (Part 3, Chapter 4: Live Links – p.56) would allow authorities in a number of London and North Kent police stations to determine that an accused should appear before a bail court, or for trial of minor offences, via a live video link to a remote courtroom. (See the story in the Times.) . . . [more]

Posted in: Substantive Law, Substantive Law: Legislation

The Canadian Anti-Spam Bill

The Electronic Commerce Protection Act, Bill C-27, has passed second reading in Parliament and will go to committee for review.

Views seem to differ on parts of the bill, while other parts are generally accepted.

One of the areas of contention deals with the degree of consent required to send someone an email. The Bill has an ‘opt in’ system, by which the sender needs the express or implied consent of the addressee to send a message. An existing business relationship may imply consent.

However, some people say that the Bill is so broadly drafted that it would prohibit . . . [more]

Posted in: Administration of Slaw, Legal Information, Substantive Law, Substantive Law: Legislation, Technology, ulc_ecomm_list

Canadians Require Passport to Enter US as of June 1

As of June 1st, all Canadians will need passports to enter the U.S. by land or water. This is in addition to air travel which has required a passport since January 23, 2007. This initiative is required by the Western Hemisphere Travel Initiative (WHTI), a U.S. law requiring all citizens of the United States, Canada, Mexico, and Bermuda to have a passport or other accepted document that establishes the bearer’s identity and nationality to enter or depart the United States from within the Western Hemisphere. Document requirements for children do vary somewhat from adult requirements.

Additional details are available . . . [more]

Posted in: Substantive Law, Substantive Law: Legislation

This Week’s Biotech Highlights

There weren’t exactly an Ark’s worth of devleopments this week, but what did develop came two-by-two.

This week saw two very public regulatory developments in the U.S.:

  • The FDA took two heavy steps against highly visible advertising: they said that General Mills’ claims on Cheerios boxes that the cereal can help lower cholesterol means that Cheerios are a drug and should be tested and regulated accordingly; and they chastised a number of pharma companies for ads placed with Google because the ads (limited to 95 characters) do not contain the required risk information. 
  • Also in the U.S., Rep. Pallone
. . . [more]
Posted in: Substantive Law, Technology: Internet

Deeper Insite Into Harm Reduction Strategies

I’ve mentioned the controversy surrounding the safe injection sites before. But I went in for a closer look recently in Vancouver, when I attended the appeal by the Crown of the decision of Pitfield J. last year in PHS Community Services Society v. Canada, [2008] B.C.J. No. 951; 293 D.L.R. (4th) 392 (B.C. S.C.) that allowed the facility to stay open.

The Respondents in this case were seeking the extension of an exemption for the Insite facility under the Controlled Drugs and Substance Act (CDSA).

The opposition to the exception by the Federal Crown, appealing the decision made by . . . [more]

Posted in: Substantive Law

Slaw Scavenger Hunt – Week 1 Report

After a week, we seem to have stumped the research skills of Slaw’s readers – or at least the time and patience of our competitors to date – in the global Scavenger Hunt, the contributions just keep on coming.

In terms of the contest list of 50 dates, set by the two Simons, the table below lists the dates remaining to be identified. The lead is still with our reader (a pioneer blogger) in Oxford, who is well familiar with the Bodleian Law Library. He has 148 points. Close behind is a prominent lawyer from Toronto is close behind . . . [more]

Posted in: Legal Information, Substantive Law

Chiropractic and British Libel

Science writer Simon Singh included this passage in piece he wrote for the Guardian:

The British Chiropractic Association claims that their members can help treat children with colic, sleeping and feeding problems, frequent ear infections, asthma and prolonged crying, even though there is not a jot of evidence. This organisation is the respectable face of the chiropractic profession and yet it happily promotes bogus treatments.

The Association sued Singh for libel. Evidently in British libel law, a judge must rule as to whether the statement in question was a “comment” or a “statement of fact.” If it is ruled the . . . [more]

Posted in: Substantive Law

International Criminal Court Legal Tools and Database

The International Criminal Court (ICC) has published on the web a set of “Legal Tools” for use by members of the public:

They equip users with legal information, commentaries and an application to work more effectively with core international crimes cases (involving war crimes, crimes against humanity or genocide). The Tools serve as an electronic library on international criminal law and justice. They comprise at present over 40,000 documents in several databases (the “Legal Tools Database”), together with four legal research and reference tools developed by lawyers with expertise in international criminal law and justice: the Case Matrix,

. . . [more]
Posted in: Legal Information, Substantive Law

More on Facebook Evidence

The media are slowly picking up on the number of court cases that are requiring disclosure of Facebook and other social network pages in litigation. SunMedia has a story today — see, e.g. “Social networking plays out in court” in the North Bay Nugget, and yesterday there was a story on Canoe Technology, “Facebook content showing up in lawsuits.” [See also “An Obligation to Discuss Facebook During Discovery,” from a couple of months ago on Slaw.]

Ian Kerr of U of Ottawa is quoted in the Sun Media story as saying this:

“The courts

. . . [more]
Posted in: Administration of Slaw, Legal Information, Legal Information: Information Management, Substantive Law, Technology, ulc_ecomm_list