On Friday June 15, 2012, the British Columbia Supreme Court ruled that the Criminal Code of Canada provisions prohibiting physician-assisted dying unjustifiably infringe the equality rights of Gloria Taylor and the rights to life, liberty and security of the person of Gloria Taylor, Lee Carter and Hollis Johnson.

Unless you have intentionally avoided any and all Canadian news sources this week, then you have been riding the Omni-Bus with everyone else. All the conjecture inspired me to look at the past several Budget Implementation Acts and see how long they have been or in other words how “omni” they have been.

41st Parl-1st Session: Bill C-38: 753 sections.

40-3: Bill C-9: 2208 sections

40-2: Bill C-10: 471 sections

39:2: Bill C-50: 164 sections

39-1: Bill C-52: 154 sections

39:1: Bill C-13: 217 sections

38-1: Bill C-43: 143 sections

37-3: Bill C-30 . . . [more]

Earlier today, the Ontario Court of Appeal overturned the summary judgement decision in Baglow v. Smith, which dismissed the online defamation action in the context of political blogs. The case was previously summarized on Slaw before here, with costs decision mentioned here, and additional commentary here.

Today’s decision will allow the action to proceed to trial.

The key excerpts of the decision follows: . . . [more]

Diamond Jubilee talk was nearly inescapable about a week ago, the Queen of Canada has been on throne for 60 years. This got me ta thinkin’ about Canada in 1952 and more specifically (because this is a law blog) about our legal institutions and specifically the Supreme Court of Canada 60 years ago.

In 1952 the SCC was adapting to recent changes as the court and indeed the nation entered a new phase of maturity as appeals to the Privy Council had been abolished in 1949 by 13 Geo IV c 37, whereby the SCC became the final court of . . . [more]

This is an update to my recent post: Could Cellphone Use Constitute Electronic Presence at Crime?

The Supreme Court of Canada has refused leave to appeal the decision of the Ontario Court of Appeal in Tucows.com v Lojas Renner 2011 ONCA 548

That decision had held that Tucows.com could bring an action for a declaration of its rights to a domain name in an Ontario court, on the ground that the dispute involved “real or personal property located in Ontario”. In this case, Tucows.com was the registrar and the owner of the domain name Renner. com. The other party was a Brazilian company that owned the trade mark ‘Renner’ (though not apparently in Canada.)

The Court . . . [more]

The Claude Robinson plagiarism case is not yet over! The Supreme Court of Canada has agreed to hear the case on appeal.

On May 22 the B.C. Supreme Court issued an interesting ruling in Vilardell v. Dunham, 2012 BCSC 748, an application that arose out of a family law proceeding. The plaintiff had sought to be relieved of hearing fees, or fees for the use of the courtroom. It is important to note the fees in question were as existed under a version of the Supreme Court Rules that was repealed and replaced in 2009; hearing fees continue to exist (at least to the point of yesterday’s ruling) but are reduced.

The Courthouse Libraries BC prepared an excellent and short . . . [more]

On May 11 a US District Court issued its long awaited decision in the lawsuit brought by three academic publishers against Georgia State University for its use of copyrighted materials in its “electronic reserves” system. A practice at many universities is to post scans of required classroom readings to secure “student only” websites or course management systems such as Blackboard. The GSU had developed a policy on the use of copyrighted materials that attempted to balance the rights of copyright holders and the University’s fair use rights. The GSU policy includes a “fair use checklist” that is based on the . . . [more]

The CBC is reporting that Justice Lederer today declared the 2011 federal election results in the riding of Etobicoke Centre to be null and void. The Conservatives won that seat by 26 votes, but, at the instance of Liberal candidate Borys Wrzesnewskyj that result will not stand. A variety of voting irregularities were noted by the court.

The judgment is available on the CBC website, included along with the report (a development I’ve long wanted; congratulations CBC).

The CBC notes that if the judgment is appealed, the matter goes straight to the Supreme Court. . . . [more]

Law books tend to lack pictures. As do legal memos, factums . . . and judgments. Though a picture is said to sub for a thousand words, it’s not traditional for legal workers to speed things along that way. And neither is it easy, or possible, perhaps, to come up with images that capture the sort of conceptual thinking that law involves. Yet every now and then the image tells the tale, or, at least, an important part of the story, finding its way into judgments.

Some time ago we featured one such judgment, that by U.S. Justice Posner, . . . [more]

In the Supreme Court of the United States decision of Kansas v. Marsh Justice Antonin Scalia stated,

It should be noted at the outset that the dissent does not discuss a single case-not one-in which it is clear that a person was executed for a crime he did not commit. If such an event had occurred in recent years, we would not have to hunt for it; the innocent’s name would be shouted from the rooftops by the abolition lobby.

The court was considering the constitutionality of the death penalty in the Kansas, where the statute specifically provided for this . . . [more]