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Thursday Thinkpiece: Kayanerenkó:wa–The Great Law of Peace

Periodically on Thursdays, we present a significant excerpt, usually from a recently published book or journal article. In every case the proper permissions have been obtained. If you are a publisher who would like to participate in this feature, please let us know via the site’s contact form.

Kayanerenkó:wa–The Great Law of Peace

Kayanesenh Paul Williams has been involved in protecting and explaining Haudenosaunee, Anishinaabe, and Wabanaki land, environmental, and cultural rights for forty years, as negotiator, lawyer, and historian.

ISBN: 978-0-88755-821-4 (Paper) / 978-0-88755-193-2 (Cloth)
Publisher: University of Manitoba Press
Page Count: 472 Pages
Publication Date: October 2018
Price: . . . [more]

Posted in: Thursday Thinkpiece

A Step Towards the New NAFTA: Part II

On May 17, 2019, Canada and the United States agreed to remove reciprocal trade restrictions on steel and aluminum – the U.S. “national security” tariffs and Canada’s countermeasures. In Canada, the removal of the U.S. Section 232 tariffs without the maintenance of residual quotas or export restrictions (the initial U.S. condition) was considered an important “win.” While Canada did succeed in this regard, it did agree to “snap back” provisions; the tariffs can be re-introduced on a product-by-product basis in the event of a “surge” of imports of steel and aluminum beyond historic levels due to imports from third countries. . . . [more]

Posted in: Administrative Law

Book Review: The Challenge of Children’s Rights for Canada

Several times each month, we are pleased to republish a recent book review from the Canadian Law Library Review (CLLR). CLLR is the official journal of the Canadian Association of Law Libraries (CALL/ACBD), and its reviews cover both practice-oriented and academic publications related to the law.

The Challenge of Children’s Rights for Canada. By Katherine Covell, R. Brian Howe & J.C. Blockhuis. 2nd ed. Waterloo, ON: Wilfrid Laurier University Press, 2018. x, 246 p. Includes index and bibliography. ISBN 978-1-7712-355-6 (softcover) $44.99.

Reviewed by Jennifer Walker
Head Librarian
County of Carleton Law Association
In CLLR 44:3 . . . [more]

Posted in: Book Reviews

Free Speech and Public Officials’ Social Media

Social media are everywhere that the Internet is. As comprehensive methods of communication, they are naturally attractive to those with things to communicate: advertisers, proselytizers and politicians. This column examines the status of social media use by the latter class, and in particular, the degree to which they can control their use once they start.

We have looked previously (if briefly) at whether politicians’ use of social media turns their communications (in whatever form) into “official documents” for purposes of laws governing public records, like archival responsibility, privacy rules and subjection to access to information requests. There is a smattering . . . [more]

Posted in: Legal Technology

Wednesday: What’s Hot on CanLII

Each Wednesday we tell you which three English-language cases and which French-language case have been the most viewed* on CanLII and we give you a small sense of what the cases are about.

For this last week:

1. Andros v. Colliers Macaulay Nicolls Inc., 2019 ONCA 679

[20] It is not possible to simply void the part of a termination clause that offends the ESA. If a termination clause purports to contract out of an employment standard without clearly substituting a greater benefit in its place, the entire termination clause is void: North v. Metaswitch Networks Corporation . . . [more]

Posted in: Wednesday: What's Hot on CanLII

Questions Arising From the Anti-Carbon Tax Sticker Legislation (Including the Fixing of the Set Fine)

A short Canadian Press article in The Globe and Mail recently tweaked my interest. It explained that the chief justice had set the fine for not posting the anti-carbon tax stickers the province has required gas station operators to post on pumps at $150. The legislation provides for potentially higher fines. I started thinking about several issues that could arise from this, especially in the context of the anti-carbon tax sticker legislation. . . . [more]

Posted in: Substantive Law: Legislation

New Era in Canadian Trademarks

On June 17, 2019, Canada overhauled its trademark regime, allowing Canada to accede to three treaties standardizing our trademark system with some our of global trade partners. The Singapore Treaty, the Madrid Protocol and the Nice Agreement, relate to categorizing trademarks by the type of goods and services and allow a process akin to a ‘global trademark’.

The changes, made through amendments to the Trademarks Act (including renaming it from the Trade-marks Act to the Trademarks Act), and accompanying Trademark Regulations, came into force June 17, 2019.

One of the more controversial changes was to remove the requirement that a . . . [more]

Posted in: Intellectual Property

Tips Tuesday

Here are excerpts from the most recent tips on SlawTips, the site that each week offers up useful advice, short and to the point, on practice, research, writing and technology.

Research & Writing

How to Cite Online Looseleafs
Susannah Tredwell

The question came up recently on the CALL listserv about how to cite online looseleafs, specifically those available on Thomson Reuters’ ProView platform. The McGill Guide suggests citing print looseleafs as follows: … . . . [more]

Posted in: Tips Tuesday

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 more than 80 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. Canadian Appeals Monitor 2. Employment & Human Rights Law in Canada 3. Know How 4. Legal Post Blog 5. Family Health Law Blog

Canadian Appeals Monitor
Is the Plaintiff’s Motive to Sue Relevant? The Court of Appeal Says Probably Not

It is not uncommon for defendants to

. . . [more]
Posted in: Monday’s Mix

The New Victim Quick Response Program in Ontario

The 2019 Ontario Budget, released in March, introduced a number of sweeping changes, including a focus on “Ensuring Agencies are Relevant, Efficient and Effective.”

One of these proposed changes was to the Criminal Injuries Compensation Board (CICB), to replace the quasi-judicial tribunal model established under the Compensation for Victims of Crime Act with an administrative model. This as then introduced and passed under Bill 100, Protecting What Matters Most Act (Budget Measures). The rationale, as with much of the legal reforms in this budget, is to reduce the expenses related to the adversarial process and expend resources directly . . . [more]

Posted in: Justice Issues, Substantive Law: Legislation

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 (DROIT) : La Cour d’appel confirme la culpabilité de Bertrand Charest sous 16 des 37 chefs d’accusation de nature sexuelle portés contre lui pour des crimes commis à l’endroit de jeunes filles membres de l’équipe de ski dont il était l’entraîneur et lui impose une peine réduite à 10  . . . [more]

Posted in: Summaries Sunday

What the Law Society Should Be Doing: Standing Up to Tyranny

In the Law Times article “Diversity and inclusion fundamental to the OBA” (July 3, 2019), Law Society of Ontario Treasurer Malcolm Mercer said that the Statement of Principles “genuinely divides” people in the profession. The statement suggests that the legal and paralegal professions, numbering over 52,000 lawyers and 9000 paralegals, are aboil with conflict over the Statement. In fact, in 2017, the first year the Statement was required, Law Society statistics (evidence) show that 98% of lawyer members indicated in their annual reports that they have such a statement. The Ontario Bar Association, comprising more than 10,000 members, supports it. . . . [more]

Posted in: Justice Issues, Practice of Law