Archive for ‘Substantive Law: Legislation’
Proposed AODA Built Environment Standard for Public Spaces Released for Public Consultation
Canada’s “First to File” Change to Patent Law Harmed Small Inventors
Way back in 1989 Canadian patent law changed from a first-to-invent system to a first-to-file system. Now the United States, a last hold-out along with the Philippines, will soon switch in the same way, pursuant to §3 of the America Invents Act, which will come into effect in March of next year.
A recent article in the New York Times (Steve Lohr, “In Canada, the Impact of America’s New Patent Law Is Seen“) points us to an article by two University of Pennsylvania professors (economics, law) that uses the Canadian experience in the years before and after . . . [more]
Of Tweets, Twits and Threats
Last Friday the Globe and Mail carried a piece about how authorities here in Canada are dealing with threats made using the internet. In a somewhat confused article the question was raised as to whether our Criminal Code should distinguish between threats made using the internet and those conveyed elsehow. Currently the applicable provision is s.264.1 of the Code:
. . . [more](1) Every one commits an offence who, in any manner, knowingly utters, conveys or causes any person to receive a threat
(a) to cause death or bodily harm to any person;
(b) to burn, destroy or damage real or personal property;
British Columbia Privacy Commissioner Calling for Changes to Employee Criminal Record Checks
Facebook Comments by Juror Causes Mistrial
A Facebook comment by a juror made before a trial has resulted in a mistrial. CBC news reports that on the first day of a Moncton murder trial of Fred Prosser, the victim’s family brought to the judge’s attention the fact that one of the jurors was a member of a Facebook group against the accused, and had posted comments on it. The judge declared a mistrial to avoid the possibility that this juror had already tainted the rest of the jury.
You can hear David Fraser’s comments in this CBC interview. David comments that many people don’t appreciate . . . [more]
Expanded Paralegal Powers Coming to BC
♫ Break down the walls
Yes, we’ll break down the walls…♫
Lyrics, music and recorded by Youth of Today.
In June, the Benchers of the Law Society of British Columbia adopted new rules and took some important steps towards expanding the role of paralegals in the province.
A lawyer will be able to designate two paralegals who will be entitled to perform a number of additional legal services. These services will include the giving of legal advice and appearing in court on certain matters.
Specifically there are discussions on holding a pilot project to allow paralegals to appear . . . [more]
Update: Gazette Officielle du Quebec Free of Charge on the Internet
In a previous Slaw post, we indicated that Quebec’s Minister of Justice and Attorney General Jean-Marc Fournier announced the filing of a draft regulation aimed at making the Gazette officielle du Québec available free of charge on the Internet. Well now it’s official.
This regulation is now in force and allows free access to parts 1 and 2 of the Gazette officielle du Québec published on Publications du Québec website.
The regulation also modifies the price of the paper based annual subscription as well as fees for notices, advertisements and documents published in Parts 1 and 2 of . . . [more]
Human Rights Legislation to Include Gender Identity in Manitoba and Ontario, Among Others
Update to Pooled Registered Pension Plan Bill
Canadian Society of Immigration Consultants Appeal Denied
CanLII Needs Our Feedback
As Slaw readers know, the Canadian Legal Information Institute – best known by its acronym CanLII – is Canada’s paramount portal for free access to Canadian legal information. It’s administered by the Federation of Law Societies of Canada and funded by a levy on individual lawyers through the Barreau and the provincial and territorial law societies. As I continually tell legal audiences it’s the best bargain that lawyers get for their fees.
Now Canlii wants our help. Colin Lachance and his colleagues are engaged in a strategic planning exercise and have asked CorbinPartners Inc. to conduct an online survey to . . . [more]
