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Archive for ‘Substantive Law’

Recent Report of the Standing Committee on Access to Information, Privacy and Ethics

Written wholly by Christina Catenacci, BA, LLB, LLM, and PhD candidate at the University of Western Ontario

In February 2018, the Standing Committee on Access to Information, Privacy and Ethics released a report that summarized issues and recommendations concerning the Personal Information Protection and Electronic Documents Act (PIPEDA).

The report was authored by Bob Zimmer, the Chair of the Standing Committee, and presented to the House of Commons in the first session of the 42nd Parliament.

More specifically, the report was generated following the decision to undertake a review of PIPEDA. This review began February 14, 2017; it consisted of . . . [more]

Posted in: Justice Issues, Miscellaneous, Practice of Law, Practice of Law: Marketing, Practice of Law: Practice Management, Substantive Law, Substantive Law: Legislation, Technology, Technology: Internet

Pay Transparency Legislation Introduced

On March 6, 2018, the Ontario government tabled Bill 203, Pay Transparency Act, 2018 to close the wage gap between women and men in the province by imposing significant obligations and restrictions on employers relating to the disclosure of information about the compensation of employees and prospective employees. The government says it will spend up to $50 million over the next three years on the initiative. . . . [more]

Posted in: Justice Issues, Practice of Law, Practice of Law: Practice Management, Substantive Law, Substantive Law: Legislation

Deloitte Class Action Indicative of Legal Future

Earlier this year, Justice Perell approved a replacement class representative in Sondhi v. Deloitte Management Services LP on a motion for what has already been an exhausting certification process in a class proceeding.

The matter involves a class, who although technically are lawyers, have not been considered as such by their employer or the parties procuring their services. These members typically consist of younger lawyers and new graduates who have been unable to otherwise find employment as lawyers in a traditional context.

I do know many of these young lawyers. I know that they are bright and talented, and would . . . [more]

Posted in: Practice of Law: Future of Practice, Substantive Law: Judicial Decisions

HR and Payroll Related Measures in the 2018 Federal Budget

On February 27, 2018, the federal government tabled its 2018-19 budget, the third budget for the sitting liberal government. The 2018-19 budget focuses on gender equality, economic growth, job creation and a strong middle class.

In his budget speech, federal Finance Minister Bill Morneau stated, “The Canadian economy is doing well-remarkably well. Over the last two years, hard-working Canadians have created nearly 600,000 new jobs, most of them full-time. Unemployment rates are near the lowest levels we’ve seen in over 40 years.”

The updated fiscal 2018-19 forecasted deficit is $18.1 billion, improved from the fall economic statement estimate of . . . [more]

Posted in: Miscellaneous, Practice of Law, Practice of Law: Practice Management, Substantive Law, Substantive Law: Legislation

Draft OPC Position on Online Reputation and Public Consultation

On Friday, January 26, 2018, the Office of the Privacy Commissioner of Canada (OPC) released a draft of their position regarding online reputation and on how Canadians can better protect their online privacy and rights.

The draft report is the result of a 2016 consultation on online reputations. Through this consultation, the OPC was soliciting input from interested stakeholders about new and innovative ways to protect reputational privacy. Reputation and Privacy is one of the OPC’s four strategic privacy priorities. A summary of the 28 submissions received is posted online on the OPC website.

Summarizing the report

The draft . . . [more]

Posted in: Justice Issues, Miscellaneous, Substantive Law, Substantive Law: Foreign Law, Substantive Law: Legislation, Technology, Technology: Internet

Northwest Territories Tables Cannabis Legislation

On February 28, 2018, the government of the Northwest Territories tabled Bill 6, the Cannabis Legalization and Regulation Implementation Act. A complete copy of the legislation can be found here.

Under the draft legislation it is proposed that:

  • The Liquor Commission will be responsible for distribution and sale of cannabis in the NTW;
  • Cannabis will be sold in “cannabis stores”, which will initially be the existing liquor stores with the possibility of “cannabis-only” stores in the future;
  • Mail order purchase and delivery will be available;
  • Communities will be able to hold a plebiscite on whether to restrict or ban
. . . [more]
Posted in: Substantive Law: Legislation

Challenges of Enforcing Statutory Publication Bans Online

Earlier this month, the Supreme Court of Canada ruled in on this again in R. v. Canadian Broadcasting Corp. on an application for a mandatory injunction. Although much of the commentary on this case has focused on how the Court has modified the historic test used for injunctions, few have looked at other aspects of the ruling, including the enforceability of statutory publication bans online.

An injunction is a powerful tool wielded by the courts, but one that should be applied sparingly. A court will order or compel a party to do something, or refrain from doing something, but will . . . [more]

Posted in: Substantive Law: Judicial Decisions

Law Student-Led Legal Research Day Supports Environmental Law Reform

Students of the UVic Environmental Law Club contribute the following guest post. They discuss their initiative to conduct an all-day legal research event, putting their learning of the legislative research process toward a public interest effort. The event was inspired by a national student-driven research event on another issue a year ago. We thank Slaw’s Kim Nayyer for coordinating this submission.

Friday February 2, 2018, the UVic Environmental Law Club coordinated a full day research-o-thon involving more than 50 law students from UVic. The event: “Mining Law in BC – Digging up a Dirty History” focused on the history of . . . [more]

Posted in: Education & Training: Law Schools, Legal Information: Libraries & Research, Substantive Law: Legislation

Consistency in Case-by-Case Privilege for Religious Communications

Solicitor-client privilege has been described by the Court in Lavallee, Rackel & Heintz v. Canada as a principle of fundamental justice and civil right of supreme importance in Canadian law. The Court went further in R. v. McClure and stated at para 35, “solicitor-client privilege must be as close to absolute as possible to ensure public confidence and retain relevance.”

Not all forms of privilege though are so strongly protected. For forms of privilege that is not historically protected on the basis of class or category, the courts have employed the test originally set out in the 1961 tet by . . . [more]

Posted in: Justice Issues, Substantive Law: Judicial Decisions

British Columbia Releases Details on Recreational Cannabis Rules

After much anticipation, the Government of British Columbia has released details on recreational cannabis rules that will govern how cannabis can be purchased and consumed within the province.

Retail Framework

British Columbians aged 19 and older will be able to purchase recreational cannabis through privately run retail stores or government operated retail stores and government online sales. The province’s Liquor Distribution Branch will operate a new standalone network of public retail stores while the Liquor Control and Licensing Branch will be responsible for licensing and monitoring private retail stores.

Licensed retailers will not be able to sell cannabis in the . . . [more]

Posted in: Substantive Law: Legislation

Challenges Around the Right to Be Forgotten in Canada

This past Friday, the Office of the Privacy Commissioner of Canada released a draft position on online reputation which includes a call for several measures that help protect Canadians, including the right to ask search engines to de-index web pages and removing information at the source.

In the accompanying press release, Privacy Commissioner Daniel Therrien stated,

There is little more precious than our reputation. But protecting reputation is increasingly difficult in the digital age, where so much about us is systematically indexed, accessed and shared with just a few keystrokes. Online information about us can easily be distorted or

. . . [more]
Posted in: Substantive Law, Technology

Can Discovery Evidence Be Used in a Criminal Case?

Often civil cases and criminal cases arise out of the same event. This creates an issue when the defendant of a criminal case is also a defendant in the civil case. Can the defendant then use the discovery evidence from the civil case in his criminal trial? Must the defendant bring a correlative “Wagg” motion to obtain the discovery evidence?

In Ontario, Rule 30.1 sets out the limits for using discovery evidence in one proceeding in another proceeding. Generally, a defendant cannot take discovery evidence from one case and use it another case. However, an exception is carved out to . . . [more]

Posted in: Substantive Law