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Archive for October, 2016

Akwesasne Legal System as a Form of Self-Governance

The Mohawk Council of Akwesasne has done something historic. They have created the first indigenous legal system in Canada outside of governmental control, since the subjugation of First Nations by the current government and its predecessors.

The system is comprised of justices and prosecutors who do not have to have law degrees. The prosecutors are required to have some advocacy experience, but the Akwesasne justices will only receive a 10-week training from a law firm once passing the good character and reputation requirements.

The Akwesasne legal system will enforce 32 civil laws, ranging from the regulation of tobacco, wildlife conservation, . . . [more]

Posted in: Justice Issues

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) : L’ex-maire Michael Applebaum échoue dans sa tentative d’obtenir un arrêt des procédures alors qu’il fait face à des accusations d’abus de confiance, de complot, de fraude envers le gouvernement et de corruption.

Intitulé : R. c. Applebaum, 2016 QCCQ 9202
Juridiction : Cour du Québec, Chambre criminelle . . . [more]

Posted in: Summaries Sunday

Electronic Chattel Paper – Changing the Medium

A private correspondent writes: “Have you ever heard of any cases on electronic chattel paper that is subsequently printed out (apparently called “papering out” in the biz) and the printed version being considered as an ‘original’?”

Views? What protections are there in law or in practice to avoid duplication of a record that should be unique, or at least have a single authoritative version?

On what basis is electronic chattel paper issued or used in Canada, if at all? UCC Article 9 makes special provision for it, and negotiable electronic records generally, but Canadian e-commerce law has not followed that, . . . [more]

Posted in: International issues, Technology, ulc_ecomm_list