The United States Supreme Court released its judgment in City Of Ontario, California, et al. v. Quon et al. today, deciding that when police officer Quon’s employers examined his pager records, they did not violate his Fourth Amendment rights, because although he had a reasonable expectation of privacy, as the jury determined the employer’s examination was for the legitimate, work-related purpose of deciding whether the current character limit in the contract with the provider was adequate.

An interesting excerpt from the judgment of the court, delivered by Kennedy J., which I have not had the time to digest:

The Court

. . . [more]

Monday’s release of the Queen’s Birthday Honours List in Canberra splendidly elevates Graham Greenleaf to membership in the Order of Australia (General Division). See the Commonwealth Gazette No. S 84, Monday, 14 June 2010

The official announcement cites that it is: “For service to the law through the development of free electronic access to legal information, and as a leader in the protection of privacy.”

Since we neglected to recognize Austlii’s first place showing in the Australia and New Zealand Internet Best Practice Awards, sponsored by auDA and InternetNZ, the Internet domain name administrators for Australia and New . . . [more]

Iceland’s venerable parliament, the Althing, has just passed a law that Wikileaks helped craft. The law creates the Modern Media Initiative and alters a whole set of legal duties and rights in order to encourage freedom of the press, transparency in government and corporate dealings, and reward with a prize akin to the Nobel Prize

. . . those who, through their actions in the past 12 months have most advanced humanity through courageous acts of free expression. It is envisaged that the prize would primarily be awarded to journalists, whistleblowers, human rights activists and publishers.

The aim is . . . [more]

It’s not always easy to collect moneys owing from individuals. If the person doesn’t respond to attempts at communication, or if you simply can’t find the debtor, few options might remain.

♫ Once a jolly swagman camped by a billabong,
Under the shade of a coolibah tree.
He sang and he watched and waited ’til his billy boiled,
“You’ll come a-waltzing, Matilda, with me….♫

Words and music by: Banjo Paterson.

Professor John Zeleznikow, Laboratory of Decision Support and Dispute Management, School of Management and Information Systems, Victoria University, in a comment posted to the ODR and Consumers 2010 blog, alluded to a paper discussing the existing Online Family Dispute Resolution Service in Australia.

At the ODR Conference in Buenos Aires in June, Professor Zeleznikow presented (via web conference) on . . . [more]

Taran Virtual Associates has updated its SABS chart for the changes which take effect September 1, 2010. This handy practice tool lists the important time periods relevant to the Statutory Accident Benefits Schedule – Accidents on or after November 1, 1996. Lawyers and law clerks can refer to this chart to determine at a glance how much time the regulations provide for the next step in their accident benefits case. The chart is available at http://www.virtualassociates.ca/links/home4.html . . . [more]

Since I’m just back from France I thought it might be fun to point to one of the few government sponsored videos (entitled Crepes) that actually uses humour to get across a point about the necessity for interjurisdictional co-operation in the handling of accident benefits.

It comes from an excellent French blog, Precisement.org.

Les différentes voies de la communication juridique de l’Union européenne
Une histoire de crêpes
Ou la nécessité de coordination des sécurités sociales en Europe exposée en vidéo

It’s all about the need to carry your social security card on holiday. The EU Video . . . [more]

What is the best practice for making a notarial copy of an official document that is in electronic form only?

I am aware of a few US states that have provided for electronic notarization, and work is being done on a Uniform Act on notarial practice in such matters. (The current draft, if I recall correctly, leaves the technology to the state supervisor of the notarial profession.) I am also aware of preliminary developments of electronic apostilles (certificates of authenticity under the Hague Apostille/Legalization Convention), though they are not widespread yet, and the technology will not exist in every . . . [more]

As a small business owner I am gearing up to start applying the Harmonized Sales Tax (HST) to my company’s services, in effect July 1, 2010 or earlier. I note this has implications for both those of us who reside in these provinces and those who reside outside these provinces but provide goods and services to residents of B.C. and Ontario. Here are some of the explanatory resources I have found:

• Harmonized Sales Tax (HST) for Ontario and British Columbia – Canada Revenue Agency (CRA)
• Harmonized Sales Tax (HST) – Videocasts – CRA
• HST news updates – CRA
• HST for

. . . [more]

Yesterday a conference in Kampala, Uganda concluded over terms of the Crime of Aggression under the International Criminal Court. The press release from the court can be found here.

To date, the Rome Statute (pdf) only had subject-matter jurisdiction for three crimes, as listed under Article 5:

1. Genocide
2. Crimes against humanity
3. War crimes

A fourth crime is listed in Article 5, but it is was not defined at the time of the signing of the statute,

2. The Court shall exercise jurisdiction over the crime of aggression once a provision is adopted in accordance with articles

. . . [more]

Yesterday an 8-1 majority of the Supreme Court of Canada held that section 517 of the Criminal Code is valid notwithstanding it infringes section 2(b) of the Charter. The decision is indexed as Toronto Star Newspapers Ltd. v. Canada, 2010 SCC 21 (June 10, 2010).

Section 517 provides for a mandatory ban on the publication of “evidence taken, the information given or the representations made and the reasons, if any, given” at a bail hearing at the request of an accused person. In October, 2008, the Alberta Court of Appeal dismissed a Charter challenge to section 517 brought . . . [more]

According to Fraud Watchers, the Canadian Society of Immigration Consultants (CSIC) has just over 1,000 authorized members, but the watchdog group estimates an additional 5,000 unauthorized “ghost” consultants operate in Canada, and likely many thousands more in other countries...