Many companies seem to be struggling with the issue of online consent, according to a 2012 study by the Office of the Privacy Commissioner of Canada (OPC). The review of popular Canadian websites showed significant shortcomings in how organizations communicate their online privacy practices to consumers. On May 8, 2014, the federal, British Columbia and Alberta Privacy Commissioners published new guidelines to help organizations understand the importance of being transparent about their online privacy practices, specifically regarding consent.

The media was abuzz last week over the Chief Justice and Prime Minister’s interactions with respect to the Justice Nadon appointment issue.

The controversy is taking away from what I think should be the bigger issue.

Quebec has a constitutional right to have three appointed members of the Supreme Court of Canada. That is the undisputed effect of the Supreme Court’s decision in Reference re Supreme Court Act, ss. 5 and 6. Yet despite this constitutional right, there has now been a vacancy in Quebec’s representation on the Court for over eight months. 

The unexpected twists from the Nadon . . . [more]

Speaking of media neutrality … a US judge has ruled that a search warrant served on Microsoft in the US required the company to divulge records stored on servers outside the US. An account of the decision is here.

The company argued that the court could authorize a search only of premises within the territory of the court’s jurisdiction. The court held that a search warrant that applied to electronic records was in the nature of a subpoena as well as a search warrant. Since MS had control of the documents, it had to turn them over.

Does this . . . [more]

Five and a half years ago, I wrote a comment on Slaw questioning why the Canada Elections Act precluded most non-resident Canadians from voting. The prohibition bothered me on a very personal level: I had many Canadian friends and acquaintances living abroad long-term, who almost without exception felt closely connected to Canada and invested in its future. Moreover, the ban was plainly inconsistent with the Charter, it lacked any clearly articulated justification, and it had been widely criticized. Yet no one seemed particularly moved to do much about it.

Well, I’m happy to admit I was mistaken. Someone did . . . [more]

Pregnant casual or temporary workers in Quebec have the right to withdraw from unsafe work environments just as permanent workers do, according to the recent Supreme Court of Canada decision in Dionne v. Commission scolaire des Patriotes, 2014 SCC 33 (CanLII).

I was at a conference on CASL (anti-spam) last week chaired by Barry Sookman. His summary of conference highlights is worth reading. Below are some of my observations based on both that conference and my CASL dealings with clients so far.

Large companies are spending millions of dollars to comply with CASL. Small business is struggling to comply and to make sense of how to comply and why it is even needed. But you can bet that the true spammers will just continue to try to hide from the regulators.

Opt-in rates for attempts to get express consents so far . . . [more]

Manitoba’s legislators have been busy drafting and introducing bills into the House over the course of the past two months. Since the session resumed in March, more than 20 new bills have been introduced, including 4 private members bills. Most remain at first reading stage as of the writing of this post.

A number of these bills may be of particular note across the country, including:

• Bill 48, The Sioux Valley Dakota Nation Governance Act: The explanatory note sets out that the bill recognizes and confirms the legal effect of governance agreements entered into by Canada, Manitoba and

. . . [more]

In a helpful decision for employers looking to minimize wasteful litigation (Frith v. Cable Birdge Enterprises Limited, 2013 ONSC 6436), an Ontario Divisional Court Judge overturned a trial court judge’s decision that a plaintiff could puruse her employer for termination pay (notice and severance) before the Ontario Ministry of Labour (MOL) and the Superior Court even though her complaint before the MOL was never adjudicated (it appears she withdrew her complaint months after filing it).

This decision is an important reminder for employees to make sure that they pick the correct forum before going after their employer . . . [more]

Today’s New York Times has started a new feature, taking the more outrageous elements of the US litigation system and dramatizing them.

This is quite wonderful – stick until the end.

They take verbatim (word for word) legal transcripts into dramatic, and often comedic, performances. Here you will find re-creations of actual events from the halls of law and government. You, our readers, can help us find material for future episodes. Have you come across court trials, depositions or government hearings that you think are surprising, bizarre or baffling — and lend themselves to performance?

Hat tip to Stan Freedman . . . [more]

On April 9, 2014, the Quebec Superior Court ruled that businesses in the province of Quebec may continue to display their trademarks on public signs outside their premises in a language other than French if no French version of the trademark has been registered.

Facts of the case

On November 13, 2011, during an enforcement campaign called “Une marque de respect de la loi” (A sign of respect for the law), the Office québécois de la langue française (OQLF) took the position that the trademark exception found in the Charter of the French Language (loi 101) does not . . . [more]

April launched an exciting development for BC legal researchers and for the open law and open data movements. QP LegalEze, the BC Queen’s Printer’s deep and highly functional subscription service for current and some historical legislative information, is no more. Or, more accurately, it is by subscription no more.

All of its content and functionality now is available through BC Laws, the free site also offered by the Queen’s Printer:

BC Laws has been upgraded to provide enhanced searching and more content including historical legislation and related publications such as BC Gazette, full text Orders-in-Council, and Tables of Legislative

. . . [more]

In a rather strange case, the plaintiff alleged that the defendants sold the plaintiff a commercial property that was haunted. The plaintiff alleged that this constituted a latent defect in the property which the defendants knew about and concealed from the plaintiff.

The plaintiff’s lawsuit was based solely on a newspaper article in which a director of one of the defendants was quoted as saying that the property in question was haunted.

Oddly, the plaintiff’s representative testified that he had never seen a ghost, did not believe there was a ghost and that all conversations about the property being haunted . . . [more]