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 Ju stice and collects, analyzes, enriches, and disseminates legal information in Québec.

PÉNAL (DROIT) : Une agente de l’Agence des services frontaliers du Canada échoue dans son appel des verdicts de culpabilité prononcés par un jury sous des accusations d’importation de 182 kilogrammes de cocaïne et d’abus de confiance ainsi que dans son appel de la peine globale d’emprisonnement de 10  . . . [more]

Creative Commons licences (also commonly referred to as CC licenses) are a less-restrictive alternative to those in the traditional copyright system. Since 2001, they have been used to encourage collaboration and create a space to allow for the public sharing of information.

There are a number of different licences, each with varying levels of restrictions, but with the overall goal of allowing people to share and build upon the work of others. Permissions to use the creator’s work are granted up front and to everyone. The Creative Commons organization has created a system of open licences using plain language . . . [more]

Written by Daniel Standing LL.B., Editor, First Reference Inc.

A recent decision of a Human Rights Adjudication Panel, T.M. v Manitoba (Justice), 2019 MBHR 13 (CanLII) has clarified the extent of an employer’s obligation to provide its employees with a safe and respectful workplace. The decision is the first time a complaint of harassment on the basis of sexual orientation was considered in that forum-is a powerful one and is full of important takeaways for employers, employees and workplace investigators alike. . . . [more]

Jury duty is an obligation dreaded by some and evaded by others. Medical reasons, familial obligations, travel plans, and the loss of an income are some of excuses used to avoid jury duty.

Recently, Justice Robert Goldstein of the Ontario Superior Court of Justice in Toronto wrote to Canadian Tire about their policy on paying jurors. While presiding over jury selection, a prospective juror told Justice Goldstein that Canadian Tire would not pay them while performing jury duty. In response Justice Goldstein wrote a letter to Canadian Tire’s general counsel, Jim Christie, and Timothy Tallon, the owner of the St. . . . [more]

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. Reference re Greenhouse Gas Pollution Pricing Act, 2020 ABCA 74

[21] For reasons explained in detail below, the regulation of GHG emissions or any variation on this theme does not qualify for inclusion as a federal head of power under the national concern doctrine. Assigning this Act or a class of laws of this nature to Parliament would forever alter the constitutional . . . [more]

I’ve got blog-worthy good news. So good, in fact, that I’m persuaded to take a break from my consecutive blogs on amending American copyright for open access (my developing case here). Instead, I devote this blog to a far more here-and-now breakthrough in increasing public access to research.

It arises out of the work of a half-dozen anthropologists (and me), who think that, given their study of people and society, they have a moral duty to share that work with those people and that society. This group, Libraria by name, has worked over the last two years with Berghahn . . . [more]

This past Saturday I had the pleasure of meeting with students in McMaster University’s Justice, Political Philosophy and Law Program (“JPPL Program”) at a Wine and Cheese “Industry Night” organized by the JPPL Student Society. Not surprisingly, many students, although not all, anticipate applying for law school after completing the program. I was one of 10 panelists (!) with a range of experiences in law asked to give the students some idea about our own backgrounds and then answer a specific question drawing on that experience. In my own case, the organizers asked me to tell the students something about . . . [more]

A couple of recent decisions have provided some clarity to what prior art can be relied on to show that a patent is obvious. One of the cornerstones of patent law is that a patent must be for an invention that is ‘inventive’ or ‘non-obvious’. This leads to the next question, “inventive” compared to what?

A car with a six-cylinder internal combustion engine may be inventive if all you have is a bicycle but may not be inventive if you already have a car with a four-cylinder internal combustion engine.

The Patent Act, in section 28.3, states:

28.3

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

From the Specific to the General
Neil Guthrie

Burden: In a recent news release, the Ontario Securities Commission said this: ‘Most recently, the OSC announced 107 regulatory changes to reduce burden for market participants while maintaining critical investor protections.’ Good initiative, but the use of burden annoys me. The burden or the regulatory burden would be better: a specific thing, not a general state of affairs. . . . [more]

When I hear about the arrest of peaceful land protectors, I think about all the times I’ve heard that colonialism happened “a long time ago.” This is 2019. It never ended. When I see colonial violence in action I grieve not only for those brave people who stand peacefully as they are overwhelmed on their own lands, but also for future generations who will be forced to pay for our hubris.

-Hayalthkin’geme (Carey Newman), OBC, MSM, Audain Professor of Contemporary Art Practice of the Pacific Northwest at the University of Victoria

The ongoing “colonial violence” that Hayalthkin’geme speaks to is . . . [more]

We all have our views and preferences about how reforms to the legal system and the creation of laws should occur.

For example, despite being a regular participant in the justice system, I see the courts as a rather blunt instrument for the creation of law, and it is often ill-suited for dealing with complex social problems. The legislature, with all of the available expertise and resources of the state, is usually far better positioned to carefully examine, explore, and determine the most precise manner in which to create and modify laws.

Yet the legislature often moves slowly, and is . . . [more]