A recent case from Nova Scotia raises some interesting points around the defence of due diligence in administrative penalty cases for health and safety cases.

Call me Carl.

For a week in August, I played the role of law student intern to the Legal Information Institute at Cornell University in Ithaca, NY. My kids were thrilled because it meant they could call me Carl – just like the student intern to Major Monagram on the Disney XD cartoon Phineas and Ferb. While I was not blessed with a theme song like my namesake, I did get a great experience and possibly an early peek on New York state’s latest advance in the promotion of access to justice.

It was only weeks after my experience . . . [more]

Across Canada tomorrow there are multiple vigils being held on behalf of Sisters in Spirit, a national campaign to honour the lives of missing and murdered indigenous women and girls. The Sisters in Spirit campaign was initially funded by Status of Women in order to address violence against Aboriginal women and girls, but expanded to include murdered and missing Aboriginal women and girls. Federal funding for the Sisters in Spirit campaign ended in 2010.

In 1988, a Manitoba provincial inquiry (“the Aboriginal Justice Inquiry”) examined the death of Helen Betty Osborne and found that her murder was clearly motivated by . . . [more]

Important Message from the Senate and the House of Commons of Canada
Published on: Fri, 09/28/2012
Last Modified: Fri, 09/28/2012 – 2:25pm

The Senate of Canada and the House of Commons have informed us that as of September 17, 2012, their publications will be available in electronic format only. Therefore, Publishing and Depository Services will no longer sell and distribute Parliamentary publications in paper format as of that date.

We are working closely with the Senate of Canada and the House of Commons to make these publications available in PDF format in our electronic publication collection available on our Web . . . [more]

This is just a brief note to say that I’ve updated the Canadian Case Commentary site, which now contains Supreme Court judgments released by the end of June, 2012, i.e. up to Clements v. Clements. (This comes as close to the present as seems sensible, given that the latest commentary recorded was published merely a week ago.)

I invite those of you who haven’t had a chance to learn of this project to visit the site. You’ll find navigation easy: there’s a killer search function and a hyperlinked table of cases.

Fifteen judgments were added to the database, for . . . [more]

It is becoming more common for businesses and not for profits to require criminal record checks for new employees and volunteers, and to have current employees and volunteers update them every few years. This stems from liability and safety concerns. To avoid, for example, someone who has a violent criminal record from being around children, or someone convicted of fraud handling money. 

As this process becomes more common, it has arguably raised the bar for liability standards, thus making it even more common. At least one government provider of grants to the arts sector has stated that it won’t give . . . [more]

This morning’s Globe and Mail features a prominent advertisement for Queen’s University:

The bold statement is hard to miss:

But is it quite true? To get a definitive answer we will need to wait for Kerri Froc‘s book. She is writing the first comprehensive examination of its history, interpretation and potential application with the goal of ensuring the Charter delivers on its promise of a fair, equal and democratic society for all Canadians.

In the interim, we can argue about why cases like M. v. H., 1999 CanLII 686 (SCC), [1999] 2 SCR 3, won by Martha . . . [more]

The Sixteenth Annual Canadian Information Technology Law Association (“IT.CAN”) Conference will be held in Montreal on October 29-30.

IT.CAN has 350 members from across the country who are concerned with IT law. The annual conference is the organization’s major event to help attendees stay current in this rapidly developing area of law.

The full conference brochure including registration details is available on the IT.CAN website. If you have any questions about the program, get in touch with Lisa Ptack, IT.CAN Executive Director at lisa.ptack@rogers.com. . . . [more]

If you ask many lawyers why they went to law school, the answer is often “Because I got in.” In other words, armed with a shiny bachelor’s degree in English Lit, Physics or Anthropology, they need another professional designation to make them employable. I was one of those grads many decades ago with a passion for medieval history. I knew, that sadly, I was likely the only person interested in the life of Charles The Bold.

Bachelor degrees, especially in the Arts, equip us well to be successful law students. My history degree taught me excellent research and writing skills . . . [more]

♫ And I could change the world
I could be the sunlight in your universe…♫

Lyrics and music by Tommy Sims, Gordon Kennedy and Wayne Kirkpatrick, recorded by Eric Clapton.

The University of Victoria has been asking law students about the technology that they use for the last 12 years. The latest survey, released in September this year, makes for interesting reading. They had a 90+% response rate, which is astounding in and of itself and indicates the depth of the information revealed in their survey.

Their Executive Summary is a nice recap of their results: . . . [more]

Yesterday I had the pleasure of addressing the annual gathering of the Federation of Law Reform Agencies of Canada on the topic of using social media in the context of legal research. I have shared the presentation using slideshare for those who are interested. Patricia Hughes, Director of the Law Commission of Ontario shared some tweets via #FOLRAC as well.

Simon posted last year about QR Codes on lawyers’ business cards. Building on that, I put a QR Code on presentation title slides. The code links to my social media channels so that people who have questions about my . . . [more]

Supreme Court of Canada Nominee

The Prime Minister and the Minister of Justice and Attorney General of Canada, announced today the name of the government’s nominee for the Supreme Court of Canada, the Honourable Richard Wagner of the Cour d’appel du Québec.

He’s a 55 year old construction law litigator from Montréal who has been on the Cour supérieure du Québec since 2004, and on the cour d’appel since Febuary 2011.

The nominee has agreed to answer questions from an ad hoc parliamentary committee on Thursday.

For Slaw readers two items on his résumé stand out: he was one of . . . [more]