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Archive for ‘Substantive Law’

Librarians to the Rescue

US Christians concerned to suppress the civil liberties of others are agitating in Wisconsin to burn a novel that is sympathetic to the plight of young homosexuals. Salon has a good summary of the story, including some recognition for the librarians involved. Others are also covering it. In this case, the librarians are supported by their community, which is always crucial for the profession, which is undervalued on a gender basis and saddled with disempowering stereotypes (which are nevertheless sometimes fun). . . . [more]

Posted in: Legal Information, Reading, Substantive Law

Lawful Access Rears Its Head Again

Yesterday, the Justice and Public Safety ministers unveiled the latest generation of proposed “lawful access” legislation. Variations had been introduced in the past by previous Liberal governments, only to die on the order paper.

The texts of Bills C-46 and C-47 are now online at the Parliament website for your reading pleasure (and here are the summaries included in the bills when tabled in Parliament): . . . [more]

Posted in: Substantive Law

The Latest Word on Invasion of Privacy as a Tort in Canada: Macdonnell v. Halifax Herald Ltd.

Following an “emergency hearing held by telephone on [a] Friday night”, the Supreme Court of Nova Scotia recently refused to grant an injunction restraining the Halifax Herald from publishing a story using a five hour digital recording of a conversation between Minister Raitt and her former press secretary, Jasmine MacDonnell. This ruling is the latest to comment on the state of the potential common law tort for invasion of privacy in Canada.

Ms. MacDonnell, not Minister Raitt, commenced an action against the Herald and its reporter, Mr. Mahar. The common law tort of invasion of privacy was included in the . . . [more]

Posted in: Legal Information, Substantive Law, Substantive Law: Judicial Decisions

Lakehead U May Use Google Email System

Lakehead University in Thunder Bay, Ontario, switched from an internal email system to Google Mail. The Faculty Association objected on the grounds that this breached terms in the collective agreement giving faculty the right to privacy in their personal and professional communications. ((Article 16.01.03 of the Collective Agreement provides: The Board agrees that members have the right to privacy in their personal and professional communications and files, whether on paper or in electronic form. )) The argument was that because Google and the relevant servers are based in the United States, authorities from that country would have legitimate and other . . . [more]

Posted in: Education & Training, Substantive Law, Technology

A Study of U.S. Supreme Court Oral Dissents

Available as of today on SSRN, “Dissents from the Bench: A Compilation of Oral Dissents Issued by U.S. Supreme Court Justices“, by Jill Duffy and Elizabeth Lambert, identifies 117 instances where justices of the the United States Supreme Court issued oral dissenting judgments. Duffy is a research librarian at the Court and Lambert is a staff attorney at the United States District Court for the Eastern District of New York. The authors examined all decisions from 1969 to the present day. Curiously perhaps, oral dissents are not officially recorded as a matter of course, and some were only . . . [more]

Posted in: Legal Information, Legal Information: Libraries & Research, Substantive Law, Substantive Law: Judicial Decisions

Ontario Private Member’s Bill Causes Concern

Last week I came across the news story on the YorkRegion.com News website: Libraries fight proposed Internet Blocking (June 10, 2009). It talks about a private member’s bill in Ontario that proposes the use of Internet filters to block pornographic websites from children, and how Ontario libraries are standing up against it. Considering the Bill has been sitting at First Reading since November 19, 2008, I tried to find out why it was making the local news once again. My research did not turn up satisfactory results. . . . [more]

Posted in: Legal Information, Substantive Law, Substantive Law: Legislation

U.S. Searches of Laptops at Border Questioned

We’ve talked half a dozen times on Slaw about the United States Border Services’ practice of instituting suspicionless searches of travellers’ laptops, recommending basically that lawyers take nothing but a clean machine across the border.

Now the American Civil Liberties Union has made a formal request under the U.S. Freedom of Information Act for records setting out or touching upon policies establishing and governing this practice, as well as data as to the number of searches, the characteristics of persons whose devices were searched, and so forth. The official request adumbrates the ACLU argument that these searches may infringe the . . . [more]

Posted in: Substantive Law, Technology

Nip and Tuck Wars Using Courts

Robert Cribb has a story this morning about the high-profile charges against some Canadian plastic surgeons.

But it also reveals that at least one of the initial complaints against Dr. Behnaz Yazdanfar of the Toronto Cosmetic Clinic were allegedly initiated by the fiancee of a competing surgeon,

Using the name Abby Nash, Hodgson allegedly posed as a patient “for the purpose of filing a spurious claim with the College of Physicians and Surgeons.”

…After her visit to Yazdanfar’s clinic, Hodgson filed a “slanderous” complaint with the college alleging that Yazdanfar “misrepresented her medical accreditation and medical training on the Cosmetic

. . . [more]
Posted in: Substantive Law

Trade-Mark Owners Can Prevent Their Marks From Being Registered as Usernames on Facebook

I’m borrowing (or plagiarizing) this piece from my partner Mark Edward Davis

On Tuesday, June 9, 2009, Facebook, an extremely popular social networking website based in the United States, announced that beginning Saturday, June 13th at 12:01 a.m. EDT, users of the Facebook website will be allowed to create personalized URLs for their Facebook pages in the format (facebook.com/yourname). Currently, a Facebook user’s webpages are identified by an id number. While this change allows users to personalize their URL, it also creates the potential for Facebook users to misappropriate a trade-mark as their username (facebook.com/trade-mark). To prevent the unauthorized . . . [more]

Posted in: Substantive Law, Technology

Gender and Judging

Slate ran a story yesterday on what research says about how gender — or sex — influences judging, “In a ‘Different’ Voice” by Deborah Rhode. This interest was sparked, of course, by the fuss over Judge Sotomayor’s remark in a speech eight years ago about how a “wise Latina woman” might judge. If the effort is to see whether a judge’s nature affects how that person would decide certain issues, it’s surely wasted effort: you don’t have to be of the “what the judge had for breakfast” school to know that judges are not fungible automatons. But drawing . . . [more]

Posted in: Legal Information, Practice of Law, Substantive Law, Substantive Law: Judicial Decisions

About Electronic Medical Records – Not What You Think!

The impetus for the upcoming project on electronic medical records, to be carried out by Professor Pina D’Agostino, in assocation with the Law Commission of Ontario, was not all the notoriety around consulting contracts at eHealth Ontario, but all the talk in the news and Ontario legislature about the agency has motivated me to talk about the medical e-records project. . . . [more]

Posted in: Legal Information, Legal Information: Information Management, Substantive Law

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This project has been made possible in part by the Government of Canada | Ce projet a été rendu possible en partie grâce au gouvernement du Canada