A private member’s bill, Bill 96, the Electronic Commerce Amendment Act, 2012, was introduced on May 17, 2012, to amend Ontario’s Electronic Commerce Act.

The bill does three things:

i) It repeals the exclusion of land transfers from the E-Commerce Act (paragraph 31(1)(d) of the Act, s. 2 of the Bill).

ii) It requires for a land transfer that is electronically signed, that

in light of all the circumstances, including any relevant agreement, the purpose for which the document is created and the time the electronic signature is made,

(a) the electronic signature is reliable for 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]

Since it’s not sponsored by the regular legal conference outfits, a conference in Toronto next month may have flown under the radar for the Slaw community. The first Symposium on Criminality in the Art and Cultural Property World will be held at Osgoode Hall, 130 Queen Street West, Toronto, on June 15-16, 2012. Next month, Toronto will be the centre of the art-legal world.

The conference is co-chaired by Bonnie Czegledi and Mr. Justice Patrick Healy, Court of Quebec, Criminal and Penal Division, Montréal, formerly Professor Healy from McGill, and the speakers are quite literally, the world’s experts: Lawrence . . . [more]

The International Labour Organization (ILO), the agency of the United Nations that deals with labour issues, is seeking ratification of its eight conventions covering fundamental labour standards by 2015. The ILO Core Conventions are as follows:

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]

Those following the US antitrust litigation against Apple and five of the big publishers in respect of ebook pricing by now will have seen Judge Cote’s decision to deny the defendants’ motion to dismiss the class action suit by consumers. The Opinion & Order, In Re Electronic Books Antitrust Litigation 11 MD 2293 (DLC) makes for quite interesting reading. I read a PDF of the Opinion last night, and the Opinion’s also been uploaded to Scribd.

It’s been a long while since I’ve read one of these, but it’s evident from the Opinion that Judge Cote had no difficulty . . . [more]

Big data is a hot trending tech issue. Wikipedia defines big data as “a term applied to data sets whose size is beyond the ability of commonly used software tools to capture, manage, and process the data within a tolerable elapsed time. Big data sizes are a constantly moving target currently ranging from a few dozen terabytes to many petabytes of data in a single data set.”

The initial issue with big data is the ability to actually work with massive data sets – how to store, search, and manipulate it. But the tools to do that are becoming more . . . [more]

The Quebec Court of Appeal recently rendered a decision clarifying the restriction set out at section 128(1)(a) of the Act respecting the Barreau du Quebec (“Act”), which reads:

128. (1) The following acts, performed for others, shall be the exclusive prerogative of the practising advocate or solicitor:

(a) to give legal advice and consultations on legal matters; […]

According to this section and in order to ensure the protection of the public, certain acts are reserved for lawyers called and registered with the Bar. The illegal exercise of the legal profession reserved to lawyers constitutes a penal offence. Unless a . . . [more]

We have discussed on Slaw the mandatory disclosure of information from Facebook pages in civil litigation, and the disclosure of FB passwords to prospective employers. I do not believe that we have discussed the disclosure of information from FB in the course of a criminal investigation.

A German court has recently ordered disclosure of the content of private messages and pictures from a suspect’s FB pages. A write-up of the case appears in International Law Office.

Is this just another search warrant for a computer? Would courts where you are have any difficulty with an application for such a warrant? . . . [more]

While significant in clarifying the defence of necessity in criminal law, Regina v. Dudley and Stephens has had an even larger cultural influence.

That’s the case of the Mignonette, which capsized on its way to Australia and whose shipwrecked crew faced tough choices in an under-provisioned lifeboat.

The latest NYT Best Seller list features a new book The Lifeboat by Charlotte Rogan – the author tells that her inspiration came from her husband’s criminal law text.

What hooked me was stumbling on my husband’s old criminal law texts and reading about the cases of sailors who survived shipwrecks and then

. . . [more]

A Ministry of Justice press release dated this Monday announced that British Columbia will become the first province to institute a system of online dispute resolution. Bill 44 — 2012, the Civil Resolution Tribunal Act, creates a tribunal with jurisdiction and powers very much the same as those of the small claims court but mandated to:

2 (1) . . . provide dispute resolution services in relation to matters that are within its authority, in a manner that
(a) is accessible, speedy, economical, informal and flexible,
(b) applies principles of law and fairness, and recognizes any relationships between parties

. . . [more]