The draft regulations under the anti-spam legislation have attracted a lot of comments, most them negative. See this article by Lorne Salzman and Barry Sookman for a detailed summary.

In essence, the common theme is that the legislation and draft regs will be a compliance burden on business and charities, and the regulations don’t do anything to temper that.

From the article:

Unless the proposed regulations are reformulated, many worry that CASL will impede rather than facilitate e-commerce. It will hurt small and large businesses, cause significant economic harm and stifle innovation in the use of electronic messaging systems. It

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I see that LexisNexis Canada has announced a new court docket service in Canada for dockets at the Federal Court, Federal Court of Appeal and Supreme Court of Canada:

From one intuitive online interface, LexisNexis CaseConnection Dockets enables fast access to key case information for ongoing and new proceedings filed with the Federal Court, Federal Court of Appeal and Supreme Court of Canada. This information helps law firm, government and corporate professionals stay on top of emerging legal issues and cases quickly, cost-effectively and securely.

The press release was not clear on cost of the service, although registration here was . . . [more]

In what is very welcome news, the Ontario Superior Court of Justice has released a practice direction, effective 1 October 2011, authorizing the use of reliable online versions of court decisions for filing in books of authorities and providing for special citation rules:

Practice Direction Regarding Filing of Judicial Decisions from Electronic Databases, and Regarding Citation of All Judicial Decisions

Practice Direction

Judicial Decisions from Electronic Databases

Effective October 1, 2011, copies of judicial decisions obtained from approved electronic databases are acceptable for filing provided the report of the judicial decision contains paragraph numeration consistent with the numbering of

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Jasmine Budak wrote an interesting article about the “dark side” of maternity leave in this month’s edition of Canadian Business magazine (the original article can be found here). In it, she addresses the operational difficulties caused to employers by statutory maternity leave protections. Ms. Budak explains the predicament as follows:

Today, the year-long mat leave is standard practice, while parental perks such as salary top-ups, extra health benefits and flextime options have become commonplace expectations, especially among the generation Y. Yet even as employers accommodate parents, particularly in fields that fiercely compete for talent, their concerns haven’t changed much

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Texas, it seems, has a problem with barratry. What, you may ask, is barratry? It is — or once was — a crime, a tort, and an act of professional misconduct. And if you were unclear about all that, you’re in good company. The former Associate Chief Justice of Ontario confessed in McIntyre Estate v. Ontario (Attorney General), 2001 CanLII 7972 (ON CA) that, “I include myself among those who had never heard of the tort of barratry until I read the material on this motion.” He went on to explain:

[23] Barratry is related to, but clearly

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Today is International Talk Like a Pirate Day. For a lesson in how to do it, we can turn to a real pirate. Here’s Jama Ali, a Somali pirate: “They can’t stop us—we know international law.” According to the 2008 New York Times article from which this was taken:

Even if foreign navies nab some members of his crew, Mr. Jama said, he is not worried. He said his men would probably get no more punishment than a free ride back to the beach.

It seems that international law has walked itself off the plank on real piracy. To see . . . [more]

Those watching Canadian copyright law developments are encountering a busier than usual season.

1. Heritage Minister James Moore hopes to re-introduce Bill C-32 on copyright reform this fall, without amendments, and he is also hoping that the bill is passed by Christmas. This will be the fourth attempt by the Canadian government to amend its copyright laws so that Canada may adhere to the World Intellectual Property Organization digital copyright treaties, and address various digital copyright issues as well as other much discussed copyright issues.
2. The Supreme Court of Canada will simultaneously hear on December 6 and 7 2011, five copyright

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In war, truth is the first casualty.

For those who need to drive home, to their new hires, that litigation is usually not about truth but victory. When and if you read this case, ask yourself why the defence wanted the ruling that Ontario courts did not have jurisdiction. The motion judge accepted the argument. The ONCA reversed.

Dundee Precious Metals Inc. v. Marsland, 2011 ONCA 594 is a conflicts case in which the motion judge’s underlying no jurisdiction conclusion caused the panel to write, laconically,

 [11] The motion judge’s assessment and application of real and substantial connection test

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A short follow-up to a previous Slaw post on e- passports and privacy. Although there is no exact date, the Canadian government has announced that they will finally begin issuing the long awaited ePassports by the end of 2012.

The e-passport will now be valid for a period of 10 years and contain a data chip inside it that can be read electronically to provide border officials with the bearer’s information, holographic images and a hidden photo of the bearer that can only be viewed under ultraviolet light. Public ePassport readers will be installed in Passport Canada’s 34 . . . [more]

The Federal/Provincial/Territorial Heads of Prosecutions Committee today released its new report on wrongful convictions entitled The Path to Justice: Preventing Wrongful Convictions.

It was written by a committee of senior prosecutors and police officers and is follow-up to a 2005 report entitled “Prevention of Miscarriages of Justice”:

“The format of this update mirrors the original report: it provides a summary of developments in the law and reports on efforts to implement the 2005 recommendations. Those recommendations are re-examined in light of events over the past six years and, where appropriate, modifications are suggested. It also highlights international developments since

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Mirela and her staff at NYU have kindly uploaded my updates to my Researching Canadian Law Guide on their GlobaLex website.

Updated guides have also been added for Bhutan, Latin America, Kenya and Sweden.

I regularly use these foreign law guides (along with the international law guides) when doing international and foreign legal research. . . . [more]

In the age of social media like Facebook and Twitter, school administrators are asking whether such electronic communication is appropriate between students and teachers. They are wondering where boundaries for such communication should be placed. Many school boards are choosing a strict path, forbidding or restricting any communication via social media between students and teachers.