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Archive for ‘Substantive Law’

Re-Launch of the Guide to Ontario Courts

The announcement below was sent out today. Louise Hamel, Manager at the Judges’ Library, tells me there is new content which has also been translated into French. The real news, though, is the official new design of the site. Congratulations to the Judges’ Library!

I am pleased to announce that the Guide to Ontario Courts www.ontariocourts.on.ca has been re-launched.

This revitalized website was reorganized and updated in response to user feedback on content and design, and in consultation with the Office of each court. We have developed what we hope will be a more user friendly = website with each

. . . [more]
Posted in: Legal Information, Legal Information: Libraries & Research, Practice of Law, Substantive Law, Substantive Law: Judicial Decisions

In Memoriam Gerald Le Dain

Sad news from the Supreme Court today of the death of Gerald Eric Le Dain, law teacher and judge. He was educated at McGill University and the University of Lyon, where he became a Docteur de l’Université in 1950. He practised law with Walker, Martineau, Chauvin, Walker & Allison in Montreal, and taught at McGill University, before becoming dean of Osgoode Hall Law School in 1967.

On a personal note Gerry gave both of the Slaw Simons their first academic jobs.

For Canadians of a certain age, his name will be associated with the Commission of Inquiry into the . . . [more]

Posted in: Education & Training, Education & Training: Law Schools, Practice of Law, Substantive Law: Judicial Decisions

Big Legal Stories of 2007

In its Dec. 21, 2007 issue, The Lawyers Weekly devotes a special section to reviewing the major news stories of 2007 in the legal field.

Perhaps the biggest story of the year is the 25th anniversary of the Canadian Charter of Rights and Freedoms that has fundamentally changed Canadian society (see Library Boy posts Survey on Canadian Attitudes Regarding Charter of Rights, Feb. 8, 2007; Articles on 25th Anniversary of the Canadian Charter of Rights and Freedoms, April 6, 2007; Top Ten Charter Cases, April 14, 2007).

The Lawyers Weekly article draws attention to a number of . . . [more]

Posted in: Substantive Law

Bill C-12 Receives Royal Assent; Wages & Pensions to Be Protected

The Canadian Labour Congress announced a “Victory for Workers” on Friday:

Workers finally have new law to protect their wages

OTTAWA – Canadian workers have finally won new legal protection for their wages and their pension contributions when their employer goes bankrupt. Bill C-12, a series of amendments to existing insolvency and wage protection laws, was approved by the Senate last night and received Royal Assent today. This was accomplished after an intensive three-year campaign by the Canadian Labour Congress and its affiliated unions to change bankruptcy laws that unfairly put workers last in line to get paid.

It seems . . . [more]

Posted in: Substantive Law, Substantive Law: Legislation

Ammo Comma Dilemma

As most Slaw readers will know, there’s an important case coming up before the United States Supreme Court requiring the justices to interpret the Second Amendment to the U.S. Constitution for the first time since the 18 paragraph decision in United States v. Miller 307 U.S. 174 (1939). The new case, District of Columbia v. Heller, No. 07-290, will challenge a trio of D.C. gun control laws.

The poor Second Amendment has been the butt of a lot of tortured analysis, part of the fascinating (and to my mind somewhat bizarre) attempt of American judges and lawyers to . . . [more]

Posted in: Substantive Law

10th Anniversary of the 1997 Delgamuukw Case on Aboriginal Title

Yesterday marked the 10th anniversary of the historic Supreme Court of Canada decision on aboriginal rights known as Delgamuukw v. British Columbia, [1997] 3 S.C.R. 1010.

For the first time, the Court directly addressed the issue of aboriginal title.

The Gitxsan Nation and the Wet’suwet’en Nation in British Columbia had started a lawsuit in 1984. Their claim covered 133 individual territories, amounting to 58,000 square kilometres of the northwestern part of their province. They claimed both ownership of the land and jurisdiction.

The Supreme Court did not rule as to whether the Gitxsan and Wet’suwet’en have aboriginal title to . . . [more]

Posted in: Substantive Law

Canadian Parliament Forcing Re-Opening of Nuclear Reactor

The Canadian Parliament held emergency sittings of both the House of Commons and the Senate last night to pass through Bill C-38 on an urgent basis. This Bill is meant to force the re-opening of the Chalk River Nuclear Reactor, previously closed by the Canadian Nuclear Safety Commission in November on safety concerns. This reactor reportedly creates two-thirds of the world’s isotopes for use in medical evaluations or treatment, including for cancer. There is now a world shortage of these isotopes which has pressured the government to make this move. Bill C-38 was passed last night, but is not yet . . . [more]

Posted in: Substantive Law: Legislation

Sun Microsystems and Plain Drafting

Sun Microsystems, like other corporations that are involved in the development and use of open source software, requires those who contribute to their efforts to sign contribution agreements that set out the terms of their relationship. Sun’s general counsel, Mike Dillon, has a great piece on his blog, The Legal Thing, about these contribution agreements and how they ought to be “a model of simplicity and clarity.”

A man of his word, Dillon put a team onto the redrafting of Sun’s contribution agreement, with the result that most anyone who is literate can now understand it. Take a . . . [more]

Posted in: Substantive Law

Carroll’s “the Hunting of the Snark”

In ebook form, with wonderful public domain illustrations, the full text of Carroll’s “The Hunting of the Snark”, here. Carroll’s is far more entertaining, far better than mine. More educational, too.

Anyway, this place supposedly being about things related to law, here’s an excerpt from “Fit the Sixth – The Barrister’s Dream”. The full text of “Fit the Sixth” follows after the break, together with the illustration that accompanies it.

He dreamed that he stood in a shadowy Court,
Where the Snark, with a glass in its eye,
Dressed in gown, bands, and wig, was defending a pig
On

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

QuickLaw vs. LexisNexis – Canadian Coverage

It was always my understanding that QuickLaw’s Canadian case law coverage was equal, if not superior, to LexisNexis’. If you too were operating under that assumption, then the following may surprise you… 

I had found a reference to a case using the Nadin-Davis Sentencing Digest. Unfortunately, no citation was provided; it did, however, list the name of the case, the date (1986), the judge and the level of court. The digest entry also mentioned that the case had been appealed. So I set about to search for the case. 

I turned first to QuickLaw. I searched by case name and . . . [more]

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

Opportunity to Discuss Forthcoming Copyright Bill With Minister Prentice Tomorrow

I received a message from a library discussion list this morning informing readers of an open house and call-in event at Minister Prentice’s constituency office tomorrow, Saturday December 8. The message notes that rumours are that the forthcoming copyright bill will resemble the US DMCA in some controversial respects. More information about the open house and call-in is available here. . . . [more]

Posted in: Legal Information, Substantive Law

Equal Justice Initiative of Alabama

A post in Law Librarian Blog this morning, Cruel and Unusual: Sentencing 13- and 14-Year-Old Children to Die in Prison, led me to the Equal Justice Initiative of Alabama, the group that wrote the report on children in U.S. prisons [PDF]. From their “About” page:

The Equal Justice Initiative of Alabama is a private, nonprofit organization that provides legal representation to indigent defendants and prisoners who have been denied fair and just treatment in the legal system.

We litigate on behalf of condemned prisoners, juvenile offenders, people wrongly convicted or charged with violent crimes, poor people denied effective representation,

. . . [more]
Posted in: Substantive Law