The impacts of privacy sensitivities continue to expand and affect all manner of technology and other transactions transactions. 

Canada and the United States have a long healthy and constructive relationship in providing assistance to the law enforcement agencies of each country in the investigation of cross boarder criminal activity. Canada has, with the United States and with other countries a series of mutual cooperation arrangements (including Mutual Law Assistance Treaties or MLATs) in place between Canadian and U.S. law enforcement by which criminal and terrorist conduct can be investigated and relevant information exchanged.

Such international cooperation is routine and rarely . . . [more]

CANLII and the Quest for Comprehensive Case Law Databases

CanLII now appears to be wallowing in the murky waters of determining what constitutes a “comprehensive” case law database. This question has plagued commercial legal publishers for more than two decades without anyone offering a clear answer. Welcome to the world of legal publishing.

An independent study

According to its press releases, CanLII has made the comprehensiveness of its court collections a priority. But what does that really mean? In an attempt to figure it out, CanLII’s Board of Directors has “approved the commissioning of an independent study to support its . . . [more]

There is little doubt that privacy is a hot topic these days in Canada. Recent news stories include the loss of student loan recipient personal information by Human Resources and Skills Development Canada in January of 2013 and the loss of a data stick containing the personal information of approximately 5000 Canadians by a federal government lawyer working on their Employment Insurance appeals in November of 2012.

These news stories, as well as experiences I have had with lawyers through my practice, has caused me to ask the question posed by the title of this post, and to come to . . . [more]

Considering a recent announcement that the European Parliament voted, on March 12^th, to go forward with the development of an EU-wide online dispute resolution (ODR) platform, and that said platform “will be operational at the end of 2015”, it seems that ODR is poised to reach new heights in the next few years.

What this entails for the legal community and how this and other initiatives will impact traditional legal structures are therefore topics that need to be addressed shortly if lawyers want to adapt their practice to this emerging trend.

This is why the Université de Montréal’s . . . [more]

Most American lawyers became aware of British Professor Richard Susskind after he wrote The End of Lawyers? in 2008. The book generated a lot of controversy among lawyers with some proclaiming that he had indeed “seen” the future of law and others protesting that the practice of law would certainly not undergo the kind of radical changes that Susskind foretold.

Susskind is back generating controversy once again in his latest book, Tomorrow’s Lawyers. We are unabashed fans of Susskind’s prophesies, even those we may not wholly agree with, because he forces the legal profession out of its natural complacency. . . . [more]

When did sentencing policies shift from merely being questionable, misguided or ill-advised to becoming downright absurd?

For many years now, the blunt hammer of mandatory minimum sentencing has been gaining traction in repeated Criminal Code amendments. Long a feature of only the most heinous criminal act imaginable – murder – mandatory minimums leaked into the broader sentencing framework in the battle against drunk drivers imposing minimum licence suspensions followed by mandatory jail stints for repeat offenders. Since then, they have been invoked in an ever-growing array of anti-crime objectives including the war on drugs, to battle the scourge of gun . . . [more]

This feet dragging cannot be continued any longer.

The new situation derives from an application that resulted . . . [more]

Many marketing professionals have been in a situation where they are packed up and leaving the office when a partner comes by and says they need a promotional package for a perspective client they are meeting first thing in the morning. Generally what will happen is the marketing person will sit back down at their desk and put together a package of material, much of which is available on the website, so that the partner has something to give to the client as a take away the next morning.

Funny thing is, potential clients don’t want it.

Often, not always, . . . [more]

“People like progress, but they hate change.” There are a couple of misconceptions in that statement: Progress is the tangible result of change, you never find one without the other. But more importantly, people regularly confuse dislike with fear. While both are instinctive reflex reactions, overcoming each involves very different strategies. As managers of change, we have to understand that what on the surface appears as “hate” is in reality a fear of the unknown; fear of the future and uncertainty about our ability to secure a place in it.

Those who know me well know I thrive on change. . . . [more]

Legal philosopher and Oxford and NYU Law Professor Ronald Dworkin died last month. Dworkin was arguably the most influential legal mind of his generation. Throughout his many writings, Dworkin argued that there was a moral content to law and to many of the phrases contained in the American Constitution. He strongly influenced legal scholarship and teaching in the United States and around the world, including Canada. Dworkin’s fingerprints can be seen in the Charter of Rights and Freedoms, its interpretation by the Supreme Court of Canada and in much academic writing in this country. 

Dworkin has also cast a giant . . . [more]

Most people are completely unaware that their car has a black box. The device is known as an Event Data Recorder (EDR) and while it’s not yet mandatory, approximately 90% of cars on the road are equipped with this device. If you are wondering if your car has one, it should be disclosed in your owner’s manual. 

EDRs are similar to commercial aircraft flight-data recorders, but don’t record voices or GPS locations and only retain information during a crash event, and from 5 to 30 seconds immediately before. Some of the recorded data includes:

• airbag deployment
• speed
• engine RPM
• brake

Because law belongs to the people, the governments and courts that issue law must make it available to the people. This is a simple and widely accepted fact.

In practice, as governments and courts carry out their responsibilities to make law available, they do so in a wide variety of ways. For example, the digital versions of federal statutes available from Justice Canada are “official”, and they exist in forms and with rights extended to all and sundry that permit reuse and republication without royalty or permission. However, in some provincial jurisdictions, a surprising range of limitations exist. . . . [more]