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 more than 80 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. Library Boy 2. Pension & Benefits Law 3. Double Aspect 4. Vancouver Immigration Law Blog 5. Michael Geist

Library Boy
Another Librarian Profile, This Time From Australia

This is a follow-up to 3 recent posts about profiles of people in the library and information field. The Australian Law Librarian, the journal published by the Australian Law Librarians’ Association, regularly runs profiles of members “down under”. In the December issue of the journal there is a profile of Miz Brmbota, Manager Collections and Reader Experience, Law Library Victoria. Victoria is a state in southeast Australia. Melbourne is the capital city: …

Pension & Benefits Law
‘Material IT risk’ reporting requirement for Ontario pension plans goes live April 1, 2024

The Financial Services Regulatory Authority of Ontario (FSRA) has published its Information Technology (IT) Risk Management Guidance (the Guidance), with an effective date of April 1, 2024. The Guidance will apply to administrators of all pension plans registered in Ontario (as well as other sectors regulated by FSRA). Pension plan administrators and sponsors should consider whether their organization’s IT risk management practices and preparedness align with the Guidance, particularly those elements of the Guidance that create compliance obligations. …

Double Aspect
Sotto Voce

The Supreme Court has an inexplicable habit, especially in administrative law. Much has been written about the Court’s uneasy—to put it mildly—relationship with precedent. Especially after Bedford/Carter, which expanded the grounds on which previous precedents can be discarded, stare decisis is less of a hard-and-fast rule and more of an option in hard cases. But official departures from stare decisis are not the only means by which courts can question precedents. …

Vancouver Immigration Law Blog
Part 2A – An Annotated Review of Li and the Unforeseen and Unsettled Legal Consequences of Expanding the Definition of Espionage

As promised, it is time for part II of my blog part series on the Federal Court decision of Li v. Canada (Citizenship and Immigration) 2023 FC 1753. I will write this blog over several days. Today represents Part 2A which covers Sections I-V of Chief Justice Crampton’s decision. Sections VI to VIII, which includes the issues and analysis, will form Part 2B. To keep this more accessible to a more general audience and given the broad implications of this decision, I will try my best to keep this as plain language as possible. …

Michael Geist
Canadian Copyright in the Age of Generative AI: My Submission to the Government’s Copyright Consultation

The government’s consultation on copyright and generative AI closed last week. The submissions are not yet public, but I am pleased to post my submission, which focused on an exception for text and data mining, the inclusion of copyrighted works in large language models, and the copyright implications of outputs from generative AI systems. My submission noted that the consultation raises several questions related to generative AI and copyright. I focused on three: …

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