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Archive for ‘Substantive Law’

Saudi Arabia Passes Anti-Domestic Violence Bill

After years of considerable criticism from the international community, Saudi Arabia has finally passed an anti-domestic violence bill. On August 26, 2013 the Saudi cabinet passed a 17-article protection from abuse law, which would provide up to one year in prison and $13,300 fine for those guilty of committing psychological or physical abuse.

The issue of domestic violence in Saudi Arabia is not limited to nationals, but also affects the significant migrant worker population located there. Numerous cases of abuse towards maids and domestic works have attracted international scrutiny.

Although many critics have attributed these lack of protections to the . . . [more]

Posted in: Substantive Law: Foreign Law

Dreams and Copyrights

Yesterday gave us rare opportunity to see the glory of the delivery of the famous “I Have a Dream” speech, as many in the world commemorated the fiftieth anniversary of the March on Washington.

Commentary about the March and the speech, their context and their legacy abounded this week. But many also heard the entirety of Dr. King’s speech, delivered in his own voice. The copyright in the speech is protected and strictly enforced, now by his estate.

Some media outlets secured the required permissions for wide reproduction of the speech or its broadcast. Licence fees . . . [more]

Posted in: Reading: Recommended, Substantive Law

Liability for Texting to a Driver

An appeals court in the US has held that in principle, someone who sends a text message to someone she knows is driving (in this case, a motorcycle) and is likely to text back while driving, can be liable for damages caused by that driver while distracted by texting [Kubert v. Best]. In the case in point, the court held that the woman who was texting her boyfriend did not know he was responding while driving, so she was not liable for the damages he caused. (He himself settled with the victims, but his insurance did not cover . . . [more]

Posted in: Substantive Law: Foreign Law, Substantive Law: Judicial Decisions

Facebook Advertising Meets Class Action …

A couple of years ago, Connie Crosby mentioned on Slaw (third comment) that she had been surprised to discover that when she ‘Liked’ a page (by joining a ‘fan club’) devoted to a product, her name later appeared in advertisements for that product on her Facebook friends’ pages.

A number of others appear to have been not only surprised but offended at this practice. They brought a class action against Facebook for the practice, an action now settled for $20 million. Whether Connie gets a share of that, I can’t say. Probably not enough to fund a bottle of . . . [more]

Posted in: Substantive Law: Judicial Decisions

Proroguing Parliament When?

When someone says that they will do something, I expect them to do it. Call me naïve, call me impatient, both are likely true. Back on August 20, The Canadian Press/Global News shared that Prime Minister Harper was intending to prorogue Parliament.

The official prorogation proclamation will be published in Canada Gazette Part II. Usually when prorogation is decided outside the publication schedule of the Gazette (which is every second Wednesday for Part II), it is done with an EXTRA issue. There were EXTRAs published with prorogation in September of 2007, September of 2002, and September of 1999. A search . . . [more]

Posted in: Substantive Law: Legislation

When Prime Minister Harper Prorogues Parliament, the Transgendered Bill Will Die, Among Others

When Prime Minister Stephen Harper asks the Governor General to prorogue Parliament before its scheduled return on September 16, 2013, and will mark the end of the 41st Parliament; consequently several pieces of legislation will die on the order paper in either the House of Commons or the Senate.
Posted in: Substantive Law, Substantive Law: Legislation

Bitcoins and Securities Law

Some publicity has been given to a recent Texas judgment that held that Bitcoins were a form of money, and thus a scheme by which investors hoped to increase their holdings of bitcoins was subject to securities regulations.

Is there any doubt that a similar holding would be made in Canada?

It was not necessary to find that bitcoins were a form of money in order for the investment to be a security. I recall from law school days securities that promised gains from chinchillas, for example.

The holding that bitcoins were money was needed in that particular case because . . . [more]

Posted in: Substantive Law: Foreign Law, ulc_ecomm_list

British Columbia Online Privacy Practices

The Office of the Information and Privacy Commissioner for British Columbia has published another document to help businesses improve online privacy practices. This comes after an August 2013 report from Global Privacy Enforcement Network (GPEN) that shows B.C. companies have work to do to make their privacy policies clear and accessible to the public.
Posted in: Substantive Law, Substantive Law: Legislation, Technology, Technology: Internet

Cyber-Safety

The Cyber-safety Act, SNS 2013, c 2 came into effect in Nova Scotia this week. This act followed a high profile case of cyber-bullying that occurred in the province that was the final straw, so to speak, that led to a high profile report and the legislature to act with the creation of this act.

The act has some interesting points that should be intriguing playing out in case law. It establishes Cyber-bullying as tort where the victim can sue the perpetrator and more interestingly, is that if a minor commits cyber-bullying this act allows the victims to sue . . . [more]

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

New Rules and Procedures for Quebec Immigration and Skilled Workers Program

New rules have been adopted regarding procedures for the processing of certain applications for a Certificat de sélection du Québec submitted by permanent workers, investors, business people and self-employed workers. These changes were published in the Gazette Officielle du Quebec on Wednesday, July 17, 2013. These new rules are in effect from August 1, 2013 to March 31, 2014.
Posted in: Substantive Law, Substantive Law: Legislation

Opinions on High

We have The Court for Canada, the New Zealand Supreme Court Blog, for New Zealand, and SCOTUSblog for the United States. As of last week, Australia also has a blog dedicated to discussion of the decisions of its highest court: Opinions on High. Indeed, Melbourne Law School, at the University of Melbourne, expressly noted the influence of these three blogs in the development of its own high court commentary site.

It seems an objective of the Opinions on High is to engage a wide audience. Melbourne’s Associate Dean (Engagement) Professor Miranda Stewart not only expects the site to . . . [more]

Posted in: Justice Issues, Legal Information, Substantive Law: Judicial Decisions

Inquest Into the Death of Brian Sinclair

The Inquest into the death of Brian Sinclair opened yesterday in Winnipeg. Brian Sinclair was a 45-year old homeless, Aboriginal man confined to a wheelchair due to double amputations. On September 19, 2008, he went to the emergency room of Winnipeg’s Health Sciences with a bladder infection, where he spoke with triage staff and was directed to wait. According to media reports, Mr. Sinclair waited as directed, without receiving care, until he died, some 34 hours after arriving at the hospital.

Provincial Court Judge Timothy Preston will hear testimony over the next several months in the Inquest called under . . . [more]

Posted in: Justice Issues, Substantive Law

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