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Right to Be Forgotten – the EU Justice Commissioner Chimes In

Martine Reicherts, the Justice Commissioner for the EU, has little patience with those who express concern about the ‘right to be forgotten’ as imposed by the EU Court of Justice in May of this year (without actually using the expression itself). Here is her speech and a short but very direct summary at the outset.

As you probably know, the UK House of Lords recently issued a report describing the right as ‘misguided in principle and unworkable in practice’:

Who’s right? Will the EU hurt itself by insisting on putting internet intermediaries, especially those that do not organize content, to . . . [more]

Posted in: International issues, Substantive Law: Legislation, Technology: Internet, ulc_ecomm_list

Structured Data for Libraries: RDFa … Eh?

It’s been about two months now since the American Library Association held its annual meeting, this year in Las Vegas. Unfortunately I had to miss this event, which was disappointing because there was a fantastic looking pre-conference on linked data presented by the Library Linked Data Interest Group. Theodore Gerontakos provides a wonderful summary of what happened and I direct you there to read his overview.

What I wanted to focus in on today is the opening pre-conference presentation delivered by Dan Scott: “Structured Data for Libraries: RDFa and schema.org“. Scott is a self-professed . . . [more]

Posted in: Technology: Internet

Monday’s Mix

Each Monday we present brief excerpts of recent posts from five of Canada’s award­-winning legal blogs chosen at random* from sixty recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible.

This week the randomly selected blogs are 1. Thoughful Legal Management  2. Double Aspect 3. The Stream  4. Barry Sookman  5. SOQUIJ

Thoughful Legal Management
What is on Your Bucket List?

Having just returned from my summer vacation, I came across an article on Lifehack.org that struck a resonate chord deep within me. The article is entitled: . . . [more]

Posted in: Monday’s Mix

Should Children Have a Right to a Healthy Environment?

On June 17, 2014, several environmental groups in New Brunswick circulated for comment a draft environmental bill of rights for children. Called “A Bill of Rights to Protect Children’s Health from Environmental Hazards,” it is the first of its kind in Canada. If passed, the law would confer on every child “the right to protection from environmental hazards,” meaning

a hazard that impairs or damages the environment or changes the environment in a manner that may threaten human health, including physical and mental well-being, and includes a “contaminant” as defined by the Clean Environment Act;

The teeth of the bill . . . [more]

Posted in: Justice Issues

Of Snowden’s Call to Encrypt and the Role of Our Law Societies

Slaw Columnist Simon Chester recently tipped us off about another fascinating interview with Edward Snowden. Building on earlier interviews with the enigmatic NSA and CIA rogue, the Guardian’s editor-in-chief, Alan Rusbridger, and its intelligence correspondent, Ewen MacAskill, talked to Snowden a little over a year since his defection. The earnest 29 year-old is now an earnest 30 year-old, only seemingly much older and seemingly aging at an accelerated rate. A partway time-lapse to Noam Chomsky.

I’d watch the interview if for no other reason than to hear Snowden’s caution about the challenges facing the legal profession in this era that . . . [more]

Posted in: Practice of Law: Future of Practice, Practice of Law: Practice Management, Technology: Internet

Litigation Coaching by Judges

We often speak of litigation coaching for clients as a form of unbundled services, as one of the new frontiers for providing cost-effective legal services. But I’ve also identified the challenges that young lawyers have in developing the practical skills in litigation, especially given the strong emphasis in the system to resolve issues outside of the courtroom.

At the Canadian Bar Association (CBA) Canadian Legal Conference in St. John’s, Newfoundland this weekend, I had the opportunity to speak in greater depth with some vendors and discovered a product of interest.

Taran Virtual Associations, a domestic legal outsourcing company who . . . [more]

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

Summaries Sunday: Supreme Advocacy

On one Sunday each month we bring you a summary from Supreme Advocacy LLP of recent decisions at the Supreme Court of Canada. Supreme Advocacy LLP offers a weekly electronic newsletter, SupremeAdvocacyLett@r, to which you may subscribe.

Appeals

Aboriginal Law: Harvesting Rights; Taking-Up Power
Grassy Narrows First Nation v. Ontario (Natural Resources), 2014 SCC 48
Ontario has the authority to take up lands in the Keewatin area so as to limit the harvesting rights set out in Treaty 3. By virtue of ss. 109, 92A, and 92(5) of the Constitution Act, 1867, Ontario alone has . . . [more]

Posted in: Summaries Sunday

Summaries Sunday: SOQUIJ

Every week we present the summary of a decision handed down by a Québec court provided to us by SOQUIJ and considered to be of interest to our readers throughout Canada. SOQUIJ is attached to the Québec Department of Justice and collects, analyzes, enriches, and disseminates legal information in Québec.

Pénal : Le juge du procès devait indiquer au jury la distinction à faire entre les effets des troubles mentaux induits par la maladie de l’appelant, un alcoolique chronique, et ceux qui pouvaient découler de son intoxication extrême par l’alcool le jour du drame; la tenue d’un troisième procès sous . . . [more]

Posted in: Summaries Sunday

Summaries Sunday: Maritime Law Book

Summaries of selected recent cases are provided each week to Slaw by Maritime Law Book. Every Sunday we present a precis of the latest summaries, a fuller version of which can be found on MLB-Slaw Selected Case Summaries at cases.slaw.ca.

This week’s summaries concern:
Courts / Insurance / Torts / Brokers / Criminal Law / Evidence

Courts – Insurance – Motor Vehicles – Statutes

Summary: The plaintiff, a farmer, was injured while driving an uninsured all-terrain vehicle (ATV) on a public road when he was struck from behind by a

. . . [more]
Posted in: Summaries Sunday

The Tragedy of Medical Negligence

Current and “wannabe” litigators practising (or hoping to practise) in the medical negligence area would do well to read, and consider, what happened, and why, in the just released Briante v. Vancouver Island Health Authority, 2014 BCSC 1511. Regardless of one’s position on the legal validity of the result, the result is a reminder (for those old enough to remember, or otherwise be aware of) of these statements and calls for reform (outside of the tort system) in cases such as Ferguson v Hamilton Civic Hospitals (1983), 40 OR (2d) 577, 1983 CanLII 1724 (ON SC) aff’d (1985) . . . [more]

Posted in: Justice Issues, Substantive Law, Substantive Law: Judicial Decisions

Become a “Mediation Freak”: Understanding the Role of Incentives in Mediation

In their recently published book Think Like a Freak, Freakonomics authors Steven Levitt and Stephen Dubner offer a simple set of rules to explain the role of incentives in many forms of financial and non-financial interactions.

  1. Figure out what people really care about, not what they say they care about.
  2. Incentivize them on the dimensions that are valuable to them but cheap for you to provide.
  3. Pay attention to how people respond; if their response surprises you or frustrates you, learn from it and try something different.
  4. Whenever possible, create incentives that switch the frame from adversarial to cooperative.
. . . [more]
Posted in: Dispute Resolution

The Friday Fillip: Chagrin De Merci

In the words of songwriter Charles Dumont, “Non, je ne regrette rien!” I tend to think that lamentation makes an unlovely sound and is largely a waste of time and effort. Except that I caught myself today indulging in a regret. I heard a replay of Michael Enright interviewing Jesse Winchester, a singer who died in April. Now I really like Jesse Winchester’s songs and really, really liked his performance of them. My regret? That I never wrote to tell him how much pleasure his work gave me.

Would he have cared? I suspect so. In the interview he . . . [more]

Posted in: The Friday Fillip