In France, the right to disconnect was made law on January 1, 2017, “requiring employers to have clear policies in place regarding when employees engage in workplace communication outside of the office and when on vacation.” This law is because of a French Supreme Court Case in 2001 that “held that “the employee is under no obligation either to accept working at home or to bring there his files and working tools”. In 2004, this principle was confirmed again by the French Supreme Court which added in this case, “the fact that [the employee] was not reachable on his cell . . . [more]

Important changes to the Canada Labour Code were recently made (i.e., Bill C-63 and C-86, among others), but the government’s work to modernize the Canada Labour Code isn’t done yet. On February 20, 2019, the federal government convened an independent expert panel to provide advice on five complex workplace issues facing Canadian employers and employees due to the changing nature of work. . . . [more]

The 17^th International Conference on Artificial Intelligence and Law will take place in Montreal, Quebec this year June 17-21. Aptly the venue will be the Cyberjustice Laboratory at the Université de Montréal. This is a biennial conference organized by members of the International Association for Artificial Intelligence and Law.

The Cyberjustice Lab is international in scope and pursues a multidisciplinary approach, assembling “stakeholders, legal professionals, public actors and academics to rethink the justice system and both overcome its modern challenges as well as improve access to justice.” They investigate with a view that “technology, and especially AI, . . . [more]

A recent Alberta privacy case, P2019-ND-006 (in PDF), deals with a breach of salary information about identifiable individuals under the Personal Information Protection Act(PIPA). The Office of the Privacy Commissioner of Alberta found that “A reasonable person would consider that the identity and salary information could be used to cause the significant harms of hurt, humiliation and embarrassment, particularly if shared with individuals who have a personal or professional relationship with the affected individuals.”

What happened?

Fitness software for phones, watches and other wearable devices is common. So when does software cross a line and need to comply with medical device legislation?  

Medical devices used for health purposes are regulated and must meet certain standards or approvals depending on a risk profile. In Canada medical devices are rated from class 1 through 4, class 4 requiring the most scrutiny. 

Health Canada recently published draft guidelines on when software has a medical purpose that requires it to follow the medical device standards.  

For example: 

Software intended for maintaining or encouraging a healthy lifestyle, such as general wellness . . . [more]

Human being, as a self-absorbed species, tend to perceive ourselves as the most superior organism on the planet. The apex predator among apex predators.

This trope is is found throughout our popular culture, and often explains our relationship with other animals and the environment around us. The notion of dominance can even be found in the Bible, with humans being created in the image of the creator, specifically so that they could rule (רְדּוּ֩) over the world (Gen 1:26). In contrast, many Indigenous cultures to North America perceive a more harmonious and interdependent relationship with the others around us.

The . . . [more]

The process of digitizing the legal system in Ontario has been fraught with challenges and setbacks.

In 2011, Precedent Magazine detailed some of the efforts to modernize legal records, with the Integrated Justice Project dating as far back to 1996, intending to create a centralized online electronic filing and case management system. These unsuccessful efforts cost taxpayers an untold millions of dollars, without anything significant achieved.

For anyone working in the legal system in Ontario, the lack of technology has added additional cost to the public through unnecessary use of paper and countless delays due to an archaic system. It’s . . . [more]

There has been a lot of consternation over artificial intelligence, and rightly so. The technology will be disruptive in many ways, and there are ethical issues to be solved. Embedded bias for example. The form of AI called machine learning learns by looking at large data sets of information. That could be how to play a game, who to hire, or even who to convict.

If the data set has bias in it, the AI will learn and propagate that bias. This problem has led to unexpected results which may or may not be obvious.

In some ways this is . . . [more]

Traditionally, most businesses used software installed on their own systems that was documented by a software license. 

It is becoming more common to use cloud based software or SAAS that is documented by a services agreement.  

One difference is that there can be multiple layers. The services agreement may be subject to or intertwined with a software license, a cloud platform provider, and a reseller. Those can all be different parties with different terms. Each layer may impose the terms of underlying providers.  

The business using the services can be stuck with the terms of the agreements and parties underneath  . . . [more]

Smart contracts are simple in concept but often misunderstood. It’s not about creating a contract, it’s about fulfilling a contract without human intervention. When a specified thing happens, the smart contract executes by taking the action it has been programmed to do. For example, you could have a smart contract that orders and pays for a cold drink to be delivered from a nearby restaurant when the temperature goes above 25 degrees on a weekday afternoon.

Blockchain is good for creating smart contracts. That’s because blockchain is designed to be resistant to change from human intervention. Rather than putting an . . . [more]

Colleagues from the Ontario Courthouse Libraries Association have developed a wonderful web app to help lawyers plan their visit to the courthouses and courthouse libraries around the province.

Information includes details such as :

• location of the library in the court building
• contact info
• hours of service
• wi-fi availability
• electronic resources & databases lawyers can use
• printing and copying costs
• robing room
• after hour access

Depending on who you are, what you celebrate, and your personal tolerance for holiday cheer, December 1st is a big day for many folks.

It can be seen as the officially acceptable date to begin various activities: listening to Christmas music, putting up your lights and decorations, or adding a little Bailey’s to your morning coffee.

It is also Inauguration Day in Mexico (every six years), Bette Midler’s birthday, World AIDS Day, and the day in 1955 when Rosa Parks refused to give up her seat to a white man on a bus in Montgomery, Alabama.

Here in our little . . . [more]