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Archive for ‘Substantive Law’

Draft Text of the Copenhagen Convention

Since I suspect that this is something that Slaw readers may be hunting for, here is a copy of the working text of the Ad Hoc Working Group on Long-term Cooperative Action on Climate Change for a shared vision for long-term cooperative action.

The Copenhagen website is here .

The Report of the Global Environment Facility is here.

Thirty nine days to go.

. . . [more]

Posted in: Legal Information, Substantive Law

USA Border Searches of Laptops..

♫ Everyone has a secret
But can they keep it
Oh no they can’t…♫

Lyrics and music by: Adam Levine, Jesse Carmichael, recorded by Maroon 5.

The CBA has released: Laptop Searches at the Border: What the Revised U.S. Guidelines Say on their PracticeLink web page.

As they state:

For the frequent business traveller, it bears repeating: U.S. Customs officers have the authority to search and detain any device capable of storing electronic information for any reason; they can examine the electronic device without the traveller present; they can copy from the device or “detain” the device; . . . [more]

Posted in: Legal Information, Practice of Law, Practice of Law: Practice Management, Substantive Law, Technology

This Week’s Biotech Highlights

This week saw an unusually large amount of biotech deal activity in Canada, so you should check out the Monday Deal Review for all those details; but in between all the transactions, there were some interesting concepts to think about:

REMS: The FDA has, increasingly often, been imposing Risk Evaluation and Mitigation Strategies when it approves new drugs. REMS restrict the way new drugs can be distributed, administered and/or promoted. When the program was first introduced, common wisdom said that REMS were to be avoided at all costs, but lately some advantages have become apparent:

  • Way back in June, we
. . . [more]
Posted in: Legal Information, Substantive Law

Google Street View Privacy Concerns Go to ETHI Committee

Simon Fodden predicted that the privacy complaints would begin once Google Maps Street View was launched. The maps have proven popular in Canada, with over 150 million views of other countries by Canadians in 2009 alone.

Google recognizes privacy concerns, but claims to address them through their collection and processing approach:

  • public access images, no different than what would normally be seen walking down the street
  • not in real time, so images can be months old before going live
  • blurring of license plates and faces
  • allowing removal requests, through the “Report a Problem” option in the bottom-left of all images
. . . [more]
Posted in: Substantive Law, Technology: Internet

Supreme Court Judgment on Fiduciary Obligation

The Supreme Court has just released its judgment in the case of Galambos v. Perez, 2009 SCC 48 (CanLII). The opinion of the court was written by Cromwell J., his second[1. His first was R. v. Godin, 2009 SCC 26 (CanLII)], I believe, since his installation on the court, and concurred in by all eight other members of the court.

This judgment might be of special interest to the bar as it deals with relations between a bookkeeper for a small firm and the bankrupt firm. Essentially, the bookkeeper and de facto office manager loaned large sums . . . [more]

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

Dayton and Eagan Strike New Paths

A couple of releases from Thomson-West and Reed Elsevier that may interest Slaw readers.

The first radical search innovation in a while from Dayton is the use of semantic search methodology to enrich searching for prior patent art. Here is a slide show advert – which sadly doesn’t explain how it all works. And Kindles are coming to West’s monograph series. . . . [more]

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

Shakira: Illegal Downloads a “Democratisation of Music”

It’s not often I end up on Perez Hilton, but thanks to Twitter I was pointed to this story where Shakira Ripoll (aka Shakira) seems to encourage her fans to download her songs illegally,

I like what’s going on because I feel closer to the fans and the people who appreciate the music. It’s the democratisation of music in a way. And music is a gift. That’s what it should be, a gift.

What makes Shakira unique is that her success largely came through producing her own work. But at least some of her major work is distributed . . . [more]

Posted in: Substantive Law

This Week’s Biotech Highlights

This week in the world of biotech, things were opening up:

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

InnovAction Awards 2009 Winners

I just noticed we never mentioned the latest InnovAction Awards winner announced in September! This year’s winner is New Family Organization created by Irit Rosenblum in Israel.

From InnovAction:

Irit Rosenblum broke fresh ground defending a universal right to family as intrinsic to the practice of law. Rosenblum pioneered a new sphere of legal rights surrounding the family based on the conviction that the rights to marry, divorce, have children, bequeath and inherit assets, and conduct family life are human rights and must be attainable to all regardless of faith, nationality, sexual orientation or status. She founded New Family to

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

Charkaoui Decision Quashed at Federal Court

Justice Tremblay-Lamer of the Federal Court has quashed the controversial case against Adil Charkaoui, the alleged terrorist detained on a security certificate.

In his 2004 case before the Federal Court, the government made submissions that his interest in karate could infer his involvement in terrorism,

[50]To add to the demonstration of danger to national security and to any person, the Ministers link the respondent with violence and explain that he is a karate and martial arts enthusiast, and add that (see page 5, exhibit R-3):

[translation] In the past, it has been observed that some individuals involved with Al-Qaeda

. . . [more]
Posted in: Substantive Law

Checking the Age of Online Purchasers

There is a private member’s bill before the House of Lords in Britain — Online Purchasing of Goods and Services (Age Verification) Bill [HL] 2008-09 — to require online retailers to verify the age of people buying goods whose purchase is restricted by age, e.g. liquor or cigarettes. It is described here.

Some scepticism has been expressed about its desirability, in part based on the difficulty of actually doing what the law would require.

Do you think this kind of law would be a good idea here? Or should we accept as a fact that age restrictions on purchases . . . [more]

Posted in: Administration of Slaw, Substantive Law, ulc_ecomm_list

People Expect More From Government Today

Fifty years ago, if we were to ask Canadians, “What are your expectations of government?” the answer would likely be: “I expect that my government should make good decisions.” Meeting this expectation by making laws, regulations and policies that treated everyone the same seemed an acceptable standard of fairness.

Within the next 20 years, provincial ombudsman offices came into being in Canada and began responding to complaints about instances where those good substantive decisions were not being made – but something else was happening too. As Canada’s population grew and society became more complex, governments at the federal, provincial and . . . [more]

Posted in: Firm Guest Blogger, Substantive Law