The U.S. Court of Appeals for the 10th Circuit ruled today in Awad v. Ziriax et al, blocking a proposed constitutional amendment that would forbid domestic courts from considering or using international law. The more controversial aspect of the amendment is that it would also ban courts from using or considering Shari’ah law.

The Appeals court upheld the decision of The Western District Court of Oklahoma on November 29, 2010 to grant a preliminary injunction blocking the amendment, and stated,

Appellants argue there is no discrimination because the amendment bans all religious laws from Oklahoma courts and Sharia law

. . . [more]

About three weeks, my colleague and fellow blogger Genevieve Lay wrote a post about the brewing storm in Montreal regarding the Canadiens’ appointment of the unilingual Anglophone Randy Cunneyworth as head coach. Perhaps because it was posted shortly before Christmas, Genevieve’s post did not garner any comments. However, the debate has intensified, both in the “blogosphere” and in Montreal.

In short, many Québecois feel that the Canadiens should appoint only a bilingual or Francophone coach. Local Québec papers got in the act, calling for the Canadiens’ General Manager’s head for his insentive decision. In response to the furor, the Canadiens . . . [more]

The EU privacy directive (1995 version – I gather that it is being revised, though I don’t know on what timetable) provides that member countries may not release personal information outside the EU unless the recipients are bound by equivalent safeguards for privacy.

While the US has a ‘safe harbor’ agreement with the EU about criteria for judging when the protections are equivalent, Canada does not. On the other hand, we have a generally applicable privacy law (PIPEDA) and some provincial equivalents, plus personal health information laws in most provinces. Are they enough to permit the personal information to come . . . [more]

The conclusion of most of the occupy camps across North America this fall was largely peaceful, with some notable exceptions involving pepper spray and excess force. But the protesters for the most part were non-violent, and in my exposure in Toronto, largely respectful of the legal system.

Although skepticism abounded when police announcements were shared or news stories circulated, judicial decisions appeared to have much more impartiality and credibility to the protesters. If the courts can be used as an alternative to police excess and fiascoes like the G20, I interpret it as a small success for our judicial . . . [more]

Because of the possible protections afforded “freedom of religion” under the constitutions of many countries, we’ve seen various groups or individuals seek to exempt their activities from the normal operation of the law by claiming to be or belong to “churches” or “religious organizations.” The use of certain otherwise proscribed drugs, for example, has been claimed to be an important part of “religious practice” (see, e.g. Holy Light of the Queen and the drug ayahuasca; and the amazingly prolific , involving marijuana). More commonly, perhaps, people attempt to form churches or to become recognized as ministers of churches in order . . . [more]

Members of Parliament Stephen Woodworth (Kitchener-Centre, CPC) and Jeff Watson (Essex, CPC) are calling for a national discussion on the definition of “human being” and a full examination of Canada’s laws in this regard. The appeal is supported by the Evangelical Fellowship of Canada (EFC).

Pending legislation always makes good fodder for lawyers to comment on in annual predictions articles. The pending anti-spam legislation has resulted in several such comments.

In my predictions article scheduled for publication next week, I comment that:

The Federal anti-spam legislation that was expected to be in force in 2011 is still waiting for regulations to be passed before coming into force. The draft regulations received a lot of criticism, and may be revised prior to the Act coming into force. The Act will be a compliance headache for many organizations, unless the regulations effectively narrow the broad definition of

. . . [more]

“Her Majesty’s Counsel, learned in the law, for the Province of Alberta”

The designation of Queen’s Counsel was bestowed recently on some members of the Alberta Bar. Though the tradition of recognizing outstanding expertise, work and contributions in a lawyer’s public life has ceased in some Canadian jurisdictions, being appointed a QC is worthy of congratulations.

The legislative authority for Queen’s Counsel appointments exists in Alberta, British Columbia, New Brunswick, Newfoundland and Labrador, Nova Scotia, Prince Edward Island, and Saskatchewan

Quebec stopped making Queen’s Counsel appointments in 1976, and Ontario stopped the practice in . . . [more]

Last May I attended a talk by Ron Deibert, Director of Citizen Lab, part of the Munk School of Global Affairs, University of Toronto, at the annual Mesh Conference in Toronto. He talked about cyber crime having become one of the world’s largest growth sectors, with savvy young coders from poorer nations leading the way. Cyber crime, he explained, takes advantage of:

• mobile networking and reliance on the web for our computing
• lack of controls (i.e. regulation and legislation) internationally
• proper security practices and policies not yet in place

Deibert has written a report for GISWatch (Global Information . . . [more]

As I am in the holiday spirit, I thought it would be good to post a quick reminder about how statutory holidays work in La Belle Province. I’d also be curious to know how this might differ from other provinces or countries altogether.

According to the Québec Labour Standards Act, employers can require that employees work on statutory holidays. However, if they are required to work, employees must be paid an indemnity equal to 1/20 of the four weeks’ wages preceding the holiday, in addition to your regular salary. If the employee makes commission, the indemnity would be . . . [more]

When the Ontario Superior Court of Justice released the decision in Kusnierz v. The Economical Mutual, the Law Times described it as raising the “ire of plaintiffs’ bar.” Justice Lauwers’ holding directly contradicted the practice in place since Desbiens v. Mordini of allowing motor vehicle accident victims to combine physical and psychological ratings to get a Whole Person Impairment (WPI) rating of 55% or higher to achieve a catastrophic designation under s. 2(1.1)(f) of the Statutory Accidents Benefits Schedule (SABS).

Although some defence counsel were confident that the decision would be upheld on appeal, the Ontario Court of Appeal . . . [more]

The judgment of the Supreme Court of Canada in the Reference re Securities Act 2011 SCC 66 has just been released. The opinion of the Court—a single judgment—finds, in sum, that:

This is not a case of a valid federal scheme that incidentally intrudes on provincial powers. It is not the incidental effects of the scheme that are constitutionally suspect; it is rather the main thrust of the legislation that goes beyond the federal power. . . .

The Securities Act as presently drafted is not valid under the general branch of the federal power to regulate trade and commerce

. . . [more]