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Criminal Code Amendments Introduced

I could have titled this post MORE Criminal Code amendments introduced. Between House of Commons Bills C-2 and C-52, 11 are related to the Criminal Code or its related legislation (youth justice, criminal records). November 1, 2010 saw the introduction of Bills C-51 (Investigative Powers for the 21st Century Act) and C-52 (An Act regulating telecommunications facilities to support investigations). Bill C-46 from the 40th Parliament, 2nd Session 2009 was similar to Bill C-51, but died on the order paper with the end of the session.

There is an interesting Department of Justice Backgrounder on C-51. . . . [more]

Posted in: Substantive Law: Legislation

Aussie Rules for Lawyers

I recently migrated to Sydney, Australia with my Australian-born wife and our three children. Australia’s remote location seems to allow a freedom to experiment without the pressure to conform to U.S. or European norms that one experiences in a country like Canada. Or perhaps Australia is simply, as a friend calls it, a “nation of iconoclasts”. In any event, I have observed over the years that regulatory change related to the legal profession in the common law world begins in Australia and then moves around the globe, first to the UK, and finally to North America. As a newly . . . [more]

Posted in: Practice of Law

This Week’s Biotech Highlights

This week in biotech was all about the early stage, and there is no earlier stage in biotech than university tech transfer offices and their progeny.

Universities’ technology transfer offices (TTOs) lie at the interface between university researchers and industry, often with the mandate to monetize the University’s innovations and technological assets. A new study looked at series of in-depth interviews with 20 senior technology transfer personnel at six Canadian universities and two research hospitals and discovered a disconnect between the social and financial goals of tech transfer. One example of a recent success in this area comes from . . . [more]

Posted in: Technology

Stop Using @gmail.com, @yahoo.com, @hotmail.com E-Mail Addresses for Your Law Office

Free e-mail services from Google, Yahoo, Microsoft and others make getting up and running with an e-mail address a trivial effort. The unfortunate side effect of choosing to use a free email address for a law office – or any business for that matter – is that these free e-mail addresses are burdened with a negative perception: price sends a signal, and using a free e-mail service as a core part of your businesses front-office sends the wrong message.

Just a few ago, cost was a reasonable justification for solos and small firms to choose a free e-mail service. The . . . [more]

Posted in: Technology: Internet, Technology: Office Technology

Tweeting, Jurors and the Florida Clampdown

If you’re summoned for jury duty in Florida keep your thoughts on your civic responsibilities and leave your personal electronics at home.

Many of you have cell phones, computers, and other electronic devices. Even though you have not yet been selected as a juror, there are some strict rules that you must follow about using your cell phones, electronic devices and computers. You must not use any device to search the Internet or to find out anything related to any cases in the courthouse.
Between now and when you have been discharged from jury duty by the judge, you

. . . [more]
Posted in: Substantive Law: Foreign Law, Substantive Law: Judicial Decisions, Technology: Internet

The Wickwire Debate – Conflict About Conflicts

Today’s posting comes (almost live) from the Schulich Law School at Dalhousie University where Richard Devlin and the organizing committee managed what many would have considered impossible – made legal ethics interesting and relevant to a student audience. Dalhousie staged a lively well fought and provocative debate about the hottest current issue in professional ethics in Canada, the issue of Conflicts of Interest.

We at Slaw have had postings on the CBA Task Force Report on Conflicts of Interest and the Federation of Law Societies response.

Today’s Wickwire Lecture – named after F.R. Wickwire, a leading member of the . . . [more]

Posted in: Practice of Law, Practice of Law: Practice Management, Substantive Law: Legislation

The Future of Headnotes

I believe that a book without an index is not as useful as a book with a good index. 

A case headnote can provide a complete index to a judicial decision.

Headnotes are at risk because the full text of legal decisions without headnotes are now available free on the Internet from multiple sources. This free access has resulted in a dramatic reduction of print subscriptions to law reports.

Is there a need for headnotes? Headnotes tend to save time for a searcher by providing an index to a decision and by providing index material for digests. When a judicial . . . [more]

Posted in: Legal Publishing

Blekko—the New Little Search Engine That Just Might…

There’s a new kid on the block, the block owned by Google. A search engine named Blekko launched mere minutes ago and I think you’ll want to try it out.

Search engines come and search engines go, as we learned most dramatically from the case of Cuil. Bing may still hang in there, but it seems as though Yahoo! is in decline.

So how do you find a place in a world dominated by Google? You differentiate yourself by offering different sorts of results. WolframAlpha is perhaps the extreme example of this, positioning itself as a “computational knowledge engine.” . . . [more]

Posted in: Technology: Internet

Negligence and Young Children

Most Slaw readers will have read from one source or another that a New York trial court has ruled that a child still four years of age can be sued for negligence. The child defendant was riding a bike with training wheels when she and her friend ran into an old woman, knocking her down; the fall broke the woman’s hip. (The woman died three months later of unrelated causes.) The story in the New York Times provides the basic facts.

The judgment, Menach v Breitman, is available as a photocopied image in PDF. I’ve OCR’d that judgment . . . [more]

Posted in: Substantive Law: Judicial Decisions

Sedona Canada Commentary on Proportionality in Electronic Disclosure & Discovery

Last week, the Working Group 7 of The Sedona Conference – “Sedona Canada” – issued a public comment draft of “The Sedona Canada Commentary on Proportionality in Electronic Disclosure & Discovery.”

As explained by Justice Colin Campbell in his Foreword, proportionality is not a new concept in civil procedure, but has become a critical practical imperative and conceptual ideal given the impact of electronically stored information on litigation. He says, “Civil litigation simply becomes cost-prohibitive and burdensome without early and careful attention to identifying key sources of potentially relevant data and ensuring that only potentially relevant and unique data is . . . [more]

Posted in: Substantive Law: Judicial Decisions, Technology

Using Chrometa for Time Management

Any lawyer with a busy practice regularly turns around and wonders where their day went. With Chrometa you can identify where you tend to use your time and evaluate if you can be more efficient while at work.


Chrometa will tell you which applications you use the most, such as your word processor, web browser, or e-mail program (i.e. Outlook), keep track of your breaks, and chart your productivity per hour during the day.

For those of us stuck with billable hours, it also allows you to record different projects related to specific clients.

It’s only available as a beta . . . [more]

Posted in: Technology: Office Technology

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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