Canada’s online legal magazine.

Archive for ‘Substantive Law’

Wiki Wha Hae – the Scots Are Here

Today’s Glasgow Herald reports on a new service called CaseCheck, which is built on an open source blog platform. The service sprang from an innovative on-line dispute resolution service.

CaseCheck is a free online archive of decisions by the Scottish courts and industrial appeals tribunals launched on October 1. What makes it unique is the ability of readers to annotate the summary report of each decision, commenting on utility and coherence ((Family lawyers in Canada will remember that this was the service that the late J.G. MacLeod of UWO performed as he edited the RFLs)).

The next step is

. . . [more]
Posted in: Legal Information, Substantive Law: Judicial Decisions, Technology

A Discordant Takedown

Almost two weeks ago the International Music Score Library Project (IMSLP), a volunteer-run wiki administered and housed in Edmonton, received a takedown notice from Aird & Berlis LLP acting for Universal Edition AG, the publisher of works by Bartok, Mahler, Schoenberg among others. The letter referred to the fact that some of the 15000 scores available on IMSLP were still under European copyright, though they were now in the public domain here in Canada. In Europe copyright persists for 70 years after the death of the composer; in Canada the post-mortem period is 50 years.

Care had been taken to . . . [more]

Posted in: Substantive Law

Hal-Law-Ween

In trying to get into the Halloween spirit, I have conducted a small search for ghouly related material in various Canadian legal fields. However; the only mention of Halloween in Canadian Legislation is in the Proclamation Declaring October 31st of each year to be “National UNICEF Day”. Vampires do get mentioned in the Wild Animal and Plant Trade Regulations but there is no mention of werewolves, zombies, mummies,or dracula. Mummy’s do get mentioned quite often in caselaw but that is a different type of mummy than what is associated with Halloween. Some of the other ghoulies mentioned previously come . . . [more]

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

Thought? for the Day

“You can’t do much without a brain. Decapitation is, in most instances, associated with a decline in IQ.” (my emphasis)

Hmmmm…..

 

Never mind.

On the other hand (so to speak)

Still, I’m going to assume that the emphasized phase shows that the writer-author of this bon mot has been in court recently. A tip of hat, so to speak. . . . [more]

Posted in: Education & Training: CLE/PD, Legal Information: Information Management, Miscellaneous, Substantive Law

ICT Regulatory Decisions

 

The ICT Regulatory Decisions Clearinghouse (ICTDec) is an online resource that provides a one-stop access point to decisions originating from ICT [information and communication technology] decision making bodies such as telecommunications regulators, industry ombudsmen and specialized dispute resolution tribunals. Currently, ICTDec provides unified and simplified access to thousands of decisions available on the Web, as well as to selected decisions unavailable online.

…thanks to the World Bank and LexUM working together. . . . [more]

Posted in: Legal Information, Substantive Law: Judicial Decisions

Manitoba Provincial Courts to Start Broadcasting Soon?

The Winnipeg Free Press is reporting that Manitoba’s chief provincial court judge wants to allow live broadcasts of court decisions.

In an article entitled Live broadcasts urged for courtroom decisions, the daily writes that Ray Wyant, a former journalist and the current chief provincial court judge “is planning on meeting with every provincial court judge in the near future to discuss his proposal further and will likely table a policy that will give each judge the discretion to allow audio and possibly videotaping of court cases”.

Wyant originally wanted to start allowing live coverage next week of his sentencing . . . [more]

Posted in: Practice of Law, Substantive Law

UK Considering TV Cameras in New Supreme Court

According to the Times Online, the United Kingdom’s new Supreme Court will allow cameras to broadcast hearings. The new high court is set to open in 2009. It is being created under the Constitutional Reform Act 2005.

“The move could see some of Britain’s most high-profile appeals being shown on television. Such appeals have included the legality of detaining terror suspects without trial, whether the deaths of six Iraqis at the hands of British soldiers was covered by the Human Rights Act, and the extradition of General Pinochet”.

“But Mr Straw [Justice Secterary Jack Straw] has indicated to

. . . [more]
Posted in: Practice of Law, Substantive Law

Talk by David Vaver Online

The James Lewtas Lecture will be delivered today by David Vaver, a former colleague of mine and now Professor of Intellectual Property & IT Law, University of Oxford on the topic “Chocolate, Copyright, Confusion: Intellectual Property and the Supreme Court of Canada”

You can watch David live at 1pm EST — the link will be present on Osgoode’s home page. Or you can catch the archive, the link to which will be available in due course on Osgoode’s Conferences and Seminars page.

David Vaver is an excellent speaker — clear, insightful and witty — and I’d heartily recommend . . . [more]

Posted in: Education & Training, Education & Training: Law Schools, Substantive Law

Ontario Justice Education Network Celebrates 5 Years!

The Ontario Justice Education Network (or OJEN) last week celebrated 5 years of developing and delivering justice education in collaboration with educators, judges and justices of the peace, lawyers, court staff, community members and other justice sector volunteers around Ontario. There was a write-up about the celebration on the Law Society of Upper Canada website. OJEN has a wide range of programs to encourage students to learn about the justice system, including their signature program Courtrooms & Classrooms which brings students into court to explain proceedings to them. They have really expanded their repertoire since their inception.

Congratulations, OJEN . . . [more]

Posted in: Education & Training, Substantive Law

Live Search Books and Canadian Legal Materials

Microsoft’s Live Search has a “Books” section that lets you search for and within the books that Microsoft is scanning for those libraries with which it is partnering. Material in the public domain is 100% searchable, readable on line and, typically, capable of being downloaded in PDF.

I did a very crude search (Canada and Canada AND law) — there doesn’t seem to be an advanced search feature in Live Search Books — and came up with hundreds and hundreds of hits. There is truly a treasure trove here for legal historians and historians of law. . . . [more]

Posted in: Legal Information, Legal Information: Libraries & Research, Legal Information: Publishing, Substantive Law

Supreme Court of Canada Courtroom Modernization Project Moves Ahead

The Supreme Court of Canada has just added a section to its website about its Courtroom Modernization Project.

Over the summer, Court staff installed new audio-visual equipment and wireless connections as well as imbedded laptops in the judges’ benches. Judges started using the new equipment last week to call up cases and other appeal documents directly on-screen during hearings.

Display screens for counsel and media will be added in the Spring of 2008.

Future modernization initiatives include a web-based portal for electronic filing of appeal documents and webcasting of hearings.

Cross-posted to Library Boy. . . . [more]

Posted in: Practice of Law, Substantive Law

More on Plain Language

Thanks to my recent post on Mellinkoff and his book “The Language of the Law,” I’ve had a delighful exchange of emails with Mark Adler, a retired English solicitor and plain-legal-language consultant. He tells me that Mellinkoff’s book was the first law book he read from beginning to end and the first he ever enjoyed. The excerpt from it on “manifest” that was quoted in the Language Log entry reminded him of an incident when he was in practice:

Acting for the proposed tenant of a shop, I received a draft lease from the landlord’s solicitor. It provided (as

. . . [more]
Posted in: Practice of Law, Substantive Law

3li_EnFr_Wordmark_W

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