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IT Contracting: Focus on Quebec, Part I – Seller Liability for Software Integrators?

In light of Quebec’s unique legal environment in North America (i.e. Quebec is a civil law jurisdiction with French as its official language), I thought I would use my first three contributions to Slaw to address certain issues peculiar to Quebec in relation to sophisticated IT contracts such as systems integration and outsourcing agreements. I have chosen not to discuss language related issues at any length for, except in Government related procurement scenarios, the contracting and negotiation process can be conducted in English in Quebec based on forms of agreements consistent with industry standards. I will rather focus on a . . . [more]

Posted in: Outsourcing

In Legal Publishing It’s Already 2011

The new year comes early in Canadian legal publishing circles – as early as July in fact. Even now, legal publishers are preparing to roll out new editions of their popular annotated statutes and consolidations of statutes with the year 2011 in their titles.

How did this come to be? And just what is the point of it all? It is the summer of 2010! In the eyes of a lay person, it looks as if the legal publisher has made a mistake. Not so.

The advent of annuals

Not all that long ago, with a few exceptions, annotated and . . . [more]

Posted in: Legal Information: Publishing

“Honour Killings” May Become Separate Crime

Rona Ambrose, Minister for Status of Women, held a press conference today at the Punjabi Community Health Service Centre in Mississsauga, Ontario, during which she addressed so-called honour killings. The speculation — see the National Post story, for example — is that her publicity exercise was in reaction to the release last week of a report by the Frontier Centre for Public Policy entitled Culturally-Driven Violence Against Women. An executive summary is available here; and the whole 21-page report is available in PDF.

During the press conference, Minister Ambrose said that the government is considering . . . [more]

Posted in: Miscellaneous

Russian Artists Convicted of Inciting Religious Enmity

In a prosecution that has garnered steadily growing criticism since it’s inception in 2008, two Russian art exhibit organizers were convicted today under the Russian Criminal Code section that sanctions “incitement of national, racial, or religious enmity.” See the Associated Press story. A 2008 post on GiF.ru – Art of Russia sets out a careful translation into English of the (long) Russian indictment. The text of Article 282 of the Criminal Code of the Russian Federation reads as follows in English:

Article 282. Incitement of National, Racial, or Religious Enmity

1. Actions aimed at the incitement of national, racial,

. . . [more]
Posted in: Substantive Law: Foreign Law

Gazette Officielle du Québec: A Guide for the Rest of Us

This is an internal Heenan Blaikie piece which my colleagues Michel Gamache and Chantal Belanger (Technicienne en documentation) wrote to help those of us who have problems finding Québec official proclamations and the like. I think the tips are well worth noting for all Canadian legal researchers.

Some history

The Gazette officielle du Québec is the means by which the Quebec Government makes its decisions official. Published continuously since 1869, it makes public, on a weekly basis, all texts whose publication is required: statutes, regulations and other statutory instruments. . . . [more]

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

Concerns About the 2011 Canadian Census

I have been following a discussion about the concerns regarding the government’s cancellation of the long-form questionnaire for the 2011 Canadian Census. The following message just went out over the Canadian law libraries listserv CALL-L. I have reproduced it here with the author’s permission:

Dear Colleagues,

I am writing to draw your attention to a serious issue that has arisen regarding the upcoming 2011 Canadian census. The government has decided to cancel the census long-form questionnaire and replace it with a voluntary survey, which cannot be counted on to produce reliable information.

The decision poses a severe

. . . [more]
Posted in: Miscellaneous

Client Surveys, Client Feedback, and the Dog

I was in Whistler, British Columbia, for a law firm retreat and stayed at one of the best hotels – you know, one of those places with the ultra plush bedding, towels that stack high and spa-inspired toiletries that smell good enough to taste. 

About a month before my stay, this hotel started a pilot program to accept dogs. So, not only did my family join me, so did our beloved Golden Retriever. After two nights in the palace, complete with The Dog, I spent the better part of an hour filling out their dog service survey. I used every . . . [more]

Posted in: Legal Marketing

CBA Releases Research Report on Legal Aid

The Canadian Bar Association recently released the report Moving Forward on Legal Aid: Research on Needs and Innovative Approaches [pdf, 125 pages]. From the CBA:

As part of its renewed approach to advancing access to justice, the CBA has released a 125-page research report, Moving Forward on Legal Aid: Research on Needs and Innovative Approaches. Prepared for the CBA by Melina Buckley, LL.B., Ph.D., the report considers the current state of legal aid policy development, both in Canada and internationally, as well as innovative approaches to delivering access to justice.

You may read a longer summary and download a . . . [more]

Posted in: Practice of Law

Google Will Move Ahead in China

China confirmed earlier today that it will renew Google’s license in the country for another year, after a month-long stand-off between the two. Google had publicly claimed on Friday that an agreement had been reached.

David Canton, David Bilinsky, Simon Fodden, Michel-Adrien Sheppard and I all commented on the standoff previously here on Slaw.

In January 2010, Google ceased omitting search results deemed by the Chinese government as subversive or pornographic, after complying for the past 4 years. The decision was made after allegations of Chinese hackers attacking Google’s server to obtain information about anti-government activists. ISPs . . . [more]

Posted in: Technology: Internet

Slaw IS Widely Read, Quoted Too

“If you build it, he will come.” (Field of Dreams (1998))

If you write it on Slaw, be prepared to be quoted.

I was watching Roy Halliday pitch, tonight. The game between the Philadelphia Phillies and the Cincinnati Reds was on TV. It was scoreless through almost 11 full innings. Philly scored in the bottom of the 11th to win, 1-0. The Reds pitcher – a rookie making only his 3rd start in the show – lost his perfect game in the top of the 9th. He surrendered his first and only hit. Halliday was “almost” as good. . . . [more]

Posted in: Education & Training: CLE/PD, Education & Training: Law Schools, Practice of Law

Who Is in Alberta? News From the Feds.

Today marks the opening of the Calgary Stampede with the annual Stampede Parade. Prime Minister Harper attended. I have always wondered how public figures, like the Prime Minister, balance security with openness. Our Calgary office closes on parade day so I won’t wear my boots until I visit next week.

The Stampede Parade is an exciting kick-off to ten days of good ol’ fashioned western fun. Led by our own World Champion Calgary Stampede Showband, the parade showcases floats, bands, riders, cultural entries, and many more! Downtown streets are closed from 7 a.m. to 2 p.m., so get your

. . . [more]
Posted in: Technology: Internet

Update on G20 Issues – Ombudsman Investigation and National Day of Action

The Torontoist has an excellent run-down today on the various security, civil liberty and Charter issues that have arisen from the recent G20 meeting in Toronto–see Did police break the law during the G20?.

Ontario Ombudsman André Marin has announced he is launching an investigation into the controversial Ontario regulation made under the Public Works Protection Act prior to the G20. From the Ombudsman’s press release posted this morning:

The investigation, to be conducted by the Special Ombudsman Response Team (SORT), will examine the involvement of the Ministry of Community Safety and Correctional Services in the origin of Regulation

. . . [more]
Posted in: 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