October, 2014 Archives – Slaw
Canada’s online legal magazine.

Archive for October, 2014

International Standard for Treating Personal Information in the Cloud

The International Standards Organization (ISO) and the International Electrotechnical Commission (IEC) have adopted a new international standard for the protection of personally identifiable information by public cloud computer service providers.

It is intended to set out best practices for companies operating in this area, such as Amazon Web Services and Google Compute Engine.

Here is a description of the standard by a privacy advice site.

Is this likely to be helpful to your clients, either those having their information stored and treated in the cloud or those who offer cloud services? Will it influence your contracts?

In particular, will it . . . [more]

Posted in: International issues, Technology: Internet, ulc_ecomm_list

Net Neutrality Zone Trap

The dead puck era in the National Hockey began roughly in 1995 and lasted through the lockout of 2004. The dead puck era was marked by stifling defense and low scoring games as teams employed a defensive strategy known as the “neutral zone trap” (sub nom the trap). The basics of the neutral zone trap was that a team would dump the puck into the offensive zone and then mount little or no forecheck in the offensive zone in favour of placing all of their players in the neutral zone in order to impede the other team from advancing through . . . [more]

Posted in: Substantive Law: Legislation, Technology: Internet

The Friday Fillip: Fetch and Carry

Ever since things were invented, which is to say ever since the dawn of time, we’ve needed to take these things from one place to another. Using wheels to shift our stuff was a smart but later development and one that even now isn’t always available to us. So a great deal of the time we carry.

This business of carrying is so fundamental that we use the term in a large number of metaphorical ways, too: we “carry” tunes, conversations, genes, resentments, and legal cases, among other things. But I thought we’d take a look today at how in . . . [more]

Posted in: The Friday Fillip

A Different Take on ABS – Proponents and Opponents Both Miss the Point

The Lawyers Weekly recently included an article by Cristin Schmitz entitled Study sounds note of caution in ABS debate. Ms. Schmitz discusses a thoughtful paper by Nick Robinson who is a research fellow with the Harvard Program on the Legal Profession.

In an interview with Ms. Schmitz, Mr. Robinson said:

“I’ve been amazed in this debate how much each side kind of talks past each other, dismisses the concerns of the other side, or the point of the other side. I am a bit cautious about non-lawyer ownership in the paper, but I can also see in certain situations

. . . [more]
Posted in: Legal Ethics

Who’s Watching the Spies?

Much of the debate following the shootings in Ottawa and Saint-Jean-sur-le-Richelieu has turned on whether or not increased surveillance by Canadian law enforcement and intelligence agencies could have prevented the actions of Michael Zehaf-Bibeau and Martin Couture-Rouleau. Then comes the follow-up: Must we adopt stronger measures and would they put our civil liberties at risk?

To be clear, this has nothing to do with the recent tabling of Bill C-44, drafted months ago. For reasons well explained by Craig Forcese, these measures aim primarily to assist CSIS in obtaining warrants for overseas investigations and to help protect the identity . . . [more]

Posted in: Miscellaneous

Canadian Lawyers Making a Difference in Cambodia

Cambodia is slowly recovering from the barbarism of the Khmer Rouge regime and the subsequent civil war that devastated the nation during the last quarter of the twentieth century. The current authoritarian government has been in power for nearly three decades. Basic constitutional freedoms of speech, the press and assembly are not fully guaranteed . Corruption is debilitating and rampant in the political, judicial and economic systems: Cambodia has the dubious distinction of being viewed by investors as Southeast Asia’s most corrupt country and the 17th most corrupt in the world. Politically motivated prosecutions and detention of political opponents, . . . [more]

Posted in: Justice Issues

Legal Business Development: Is a Lack of Confidence Holding You Back?

Confidence. Do you have it? Sure, there are times that your confidence has been shaken… but deep down, are you confident in yourself and your ability? And how important is confidence to your success as a lawyer, a community leader or a parent? A new book by journalists Katty Kay (BBC News) and Claire Shipman (Good Morning America) sheds some light on the subject in… Confidence Code.

Shipman explains in a short TV segment for ABC News, that you can transform yourself from a worrier to a warrior… We can create more confidence by creating better habits. In . . . [more]

Posted in: Legal Marketing

CASL Software Provisions & CRTC Interpretation

In addition to the anti spam provisions of CASL, it contains provisions against malware starting in January 2015. It imposes disclosure and consent requirements for software providers in certain situations.

Unfortunately, those provisions are perhaps more ill-advised and unclear than the anti-spam provisions. They have the potential to make life difficult for software companies, create additional record keeping responsibilities where none are needed, and could even hurt Canadian consumers if foreign software developers simply don’t sell their products in Canada to avoid compliance.

The IT law bar is collectively scratching their heads trying to understand what the provisions mean in . . . [more]

Posted in: Substantive Law: Legislation, Technology

New CEO of the Law Society of Manitoba

The Law Society of Manitoba late last week announced to its members the appointment of a new Chief Executive Officer. C. Kristin Dangerfield will replace Allan Fineblit, Q.C. as CEO when he retires at the end of this month.

Ms Dangerfield, who will assume the post on November 1, 2014, is well known both to Manitoba lawyers and lawyers across the country. She has served as Senior General Counsel to The Law Society since 2002, and before that she was General Counsel for several years. She has practiced law in Manitoba since 1983.

Kris volunteers on the national stage with . . . [more]

Posted in: Practice of Law

Markers Along the Way

Looking at events with a long-term perspective has been a primary strength of library professionals from time immemorial. Preserve the intellectual heritage of the past, protect the information of the future: that has been one of the profession’s purposes. It is a perspective that is seldom fashionable. Change, constant change, is now part of our daily expectations. As former United States President Dwight D. Eishhower supposedly once said, things today are more like they are now than ever. (Someone else said if first, but the image of President Eisenhower pontificating is a pleasant one.) The pace of change in 2014 . . . [more]

Posted in: Legal Information

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. Myers v. Peel County Board of Education, [1981] 2 SCR 21, 1981 CanLII 27 (SCC)

MCINTYRE J.—This appeal concerns an accident suffered by a fifteen year old boy in attempting a dismount from the rings in a gymnastic class at his high school. At trial the defendants (the school authorities) were found negligent, as was the plaintiff, the division of liability . . . [more]

Posted in: Wednesday: What's Hot on CanLII

Sponsorship and Sincerity

I recently attended a workshop that was sponsored by several law firms, major corporations and large organizations. The event and the law firms will remain anonymous (for obvious reasons), but the sponsorship implied trust, integrity and commitment by the business community to a contemporary organizational issue.

Event attendees participated in a productive discussion; some were clients of the firms whose logos were included on the promotional material and some would probably be good clients for those firms to have.

There was just one problem. None of the law firms who sponsored the workshop had sent a representative to participate in . . . [more]

Posted in: Miscellaneous, Practice of Law: Marketing