From Volume III, Issue II of Amicus Curiae, Western Law’s Student Paper

Canada was a different place before Trudeaumania swept the nation, and the man we know as Ivan Rand, founding Dean of this law school and former Justice of the Supreme Court of Canada, was a product of his times. It would be easy to dismiss Dean Rand as an intolerant bigot, but as William Kaplan explained to an audience at Western Law on Nov. 11, [2009,] Rand was complicated character.

“Canadian judicial biography has been, with a few exceptions, mostly uncritical and largely celebratory, written by . . . [more]

For many years now my firm, Adler Bytensky Prutschi, has enjoyed the opportunity to host a student placement for Osgoode Hall Law School’s Criminal Intensive Program (CIP). This week, for the first time in the history of our involvement with the program, we were informed that “due to low enrolment in the course this year” a student would not be assigned to us.

While I am only hypothesizing, I fear that this storied program’s current enrolment woes are tied directly to the continuing erosion of our legal aid system. Barely a decade ago when I was a student in . . . [more]

When Dominic Jaar became the CEO of the Canadian Centre for Court Technology, he immediately set out to constitute several “IntellAction” working groups. One of these groups had the mandate to promote the modernization of court web sites in Canada by way of producing guidelines on topic.

Dominic knew this was an area of strong interest to me, so he asked me to lead the group. We built the membership last September to include fair representation from the judiciary, lawyers in private and public sector practice, the Courts Administration Service, a few other areas and a journalist to represent . . . [more]

In legal documents it’s the job of print to deliver the message smoothly and then get out of the way as fast as possible. Lots of things go into making this possible, as any book or magazine publisher will tell you, including the choice of typeface, point size, space between lines (leading) and colour of paper. Yet, when it comes to the preparation of legal documents the profession seems to be willfully ignorant about what makes for persuasive print, favouring remnants of the typewriter age combined with bad aspects of word processing technology.

I want to focus now on only . . . [more]

A colleague was asking me recently about volunteer or work opportunities for lawyers abroad and I immediately thought of the work of the International Development Committee (IDC) of the Canadian Bar Association (I was fortunate to be on the committee for 6 years and participate in several missions to Africa). Most of their work is funded through the Canadian International Development Agency or other external funders (i.e., the cost of their overseas work does not come from CBA member dues) and is intended to support the rule of law in developing countries (among other things). Recent IDC projects have included . . . [more]

I just listened to an IT.Can seminar where Frank Work spoke about the current privacy landscape from his perspective. Some of his thoughts:

We are awash in data that we can’t seem to turn into anything useful. For example, the data that was available on the attempted airplane bomber. Comments were made by the US government that they had intelligence about this individual. Frank’s point is that they really only had data – they were unable to turn it into intelligence.

He sees a trend for organizations to collect huge amounts of data, and try to turn it into intelligence . . . [more]

Yesterday’s National Post contained an interesting story regarding government programs around the world targeted at employers of military reservists. In an effort to support troops overseas legislators in the U.K. and Australia have enhanced job protection laws while simultaneously creating compensation programs that pay employers of reservists a stipend to help offset the loss of an employee during his or her tour of duty.

Here in Canada, federal laws protect the jobs of deployed reservists while recent amendments to Ontario’s Employment Standards Act explicitly permit unpaid leaves of absence for reservists deploying overseas. The C.D. Howe Institute is recommending Canada . . . [more]

I’ve long wondered how song-writers manage it — avoiding tunes that have already been written, that is. The easy answer, of course, is that they don’t, at least not always, as we know most famously from George Harrison’s trouble with “My Sweet Lord” (who turned out both to be and not to be “So Fine”). Putting aside deliberate sampling, which is a recent and overt pushing of legal and conventional limits, the real worry, I suppose, is unconscious plagiarism. What protections against unwitting trespass does the poor composer have?

Three practical “bulwarks” come to mind. The first is pure mathematics . . . [more]

The new Alberta Rules of Court will be implemented on November 1, 2010. This is the culmination of a project begun in 2001 to redraft the Alberta Rules.

The Rules have not been significantly revised since 1968. The Alberta Law Reform Institute (ALRI) was given a mandate to review the Rules of Court and produce recommendations for a new set of Rules. The project goal was to create rules that are clear, useful and effective tools for accessing a fair, timely and cost efficient civil justice system.

The old rules are available online from Alberta Queen’s Printer. The . . . [more]

Lord Justice Jackson has released his Final Report [PDF] on the Review of Civil Litigation Costs in England and Wales. With an economy that a Laconian might envy, he writes as the whole of his Foreword:

In some areas of civil litigation costs are disproportionate and impede access to justice. I therefore propose a coherent package of interlocking reforms, designed to control costs and promote access to justice.

The rest of the report is some 550 pages of thoroughness, however, exploring the funding of litigation, fixed costs, personal injuries litigation (and other types), and controlling and assessing costs. Jackson . . . [more]

This week in biotech was all about lines. Not any kind of illicit lines, and not the most direct route between two points, just your traditional figurative delineations:

Line drawn: Since 2004, there have been increasing numbers of instances where pharma companies have compensated generics manufacturers in settlements of patent litigation initiated by the pharmas. The U.S. Federal Trade Commission (FTC, tasked alongside DOJ with enforcing antitrust law) in general, and its current Competition Bureau Director in particular, does not like these settlements. This week, the FTC published a report that claims that these settlements result in substantial extra delay . . . [more]

Most cultural stereotypes have deep cultural roots with significant history, often founded in myth and conflict, and are enormously difficult to erode.

Unlike our neighbours to the south who operate on a melting-pot model, we have the unique challenge of not only tolerating our French minority, but supporting it and ensuring the survival of its culture and language. Doing so would require overcoming historical stereotypes towards the French.

David Crouch, a professor of medieval history at Hull University, recently translated a 396-line English poem called “Roman des Frances.” It’s dated between 1180 and 1194 CE, and might be . . . [more]