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 seventy 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. The Court  2. Michael Geist 3. Library Boy  4. Meurrens on Immigration  5. Blogue du CRL

The Court
Parental Access for Crown Wards: The “highly adoptable child”

When a child is made a crown ward, how much access should the biological parent have? While Ontarian courts have had to determine this issue in numerous child protection cases, the analysis was complicated by recent statutory amendments. In 2011, there was a significant statutory amendment made to the Children and Family Services Act, RSO 1990, c C11 [CFSA]. Previously, an access order barred a crown ward adoption. Now, pursuant s. 141.1.1(1) of the CFSA, children who are crown wards with an access order can be adopted. …

Michael Geist
Voltage Pictures Launches Canadian File Sharing Lawsuit With Reverse Class Action Strategy

Voltage Pictures, which previously engaged in a lengthy court battle to require Canadian ISPs to disclose the names of alleged file sharers, has adopted a new legal strategy. This week, the company filed an unusual application in federal court, seeking certification of a reverse class action against an unknown number of alleged uploaders of five movies using BitTorrent (The Cobbler, Pay the Ghost, Good Kill, Fathers and Daughters, and American Heist). …

Library Boy
Library of Parliament Article on Marijuana Regulation in Canada

The Library of Parliament blog HillNotes has published a brief overview of The Regulation of Marijuana under Canadian Law: “Marijuana, otherwise known as cannabis, has been legally prohibited in Canada since 1923. The 2002 report of the Senate Special Committee on Illegal Drugs noted that there was little debate surrounding this addition to the criminal law at the time; as such, the precise motivation for doing so remains unclear.” …

Meurrens on Immigration
Five Reasons IRCC Rejects Express Entry Applications

Since January 1, 2015, almost all prospective economic immigrants to Canada must apply through Express Entry. Express Entry is an application intake management system in which Immigration, Refugees and Citizenship Canada (“IRCC”) controls immigration application intake by requiring applicants be issued an invitations to apply for permanent residency (“ITAs” before they can actually submit their applications. The purpose of Express Entry is to minimize processing times. Indeed, when Express Entry was launched IRCC guaranteed that it would be able to process permanent residence applications within six months. …

Blogue du CRL
Métis et indiens non-inscrits : des indiens au sens de la Loi Constitutionnelle de 1867

Le droit autochtone est au cœur de la décision Daniels c. Canada (Affaires indiennes et du Nord canadien), 2016 CSC 12. La Cour suprême se pose, notamment, la question suivante : est-ce que les Métis et les Indiens non-inscrits sont des « Indiens » visés au paragraphe 91(24) de la Loi constitutionnelle de 1867 ? Est-ce qu’un jugement déclaratoire doit être rendu à cet effet ? …


*Randomness here is created by and its list randomizing function.

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