When Canada signed the WIPO Copyright Treaty in 1997 it required Canada to give copyright owners the exclusive right to make their works available to the public in such a way that members of the public may access these works from a place and at a time individually chosen by them.

This was implemented in 2014 by adding Section 2.4(1.1) to the Copyright Act. Section 2.4 (1.1) modified the definition of sSection 3(1)(f) by holding that a work is communicated to the public as soon as it is made available in a way “that allows a member of the public . . . [more]

Periodically on Thursdays, we present a significant excerpt, usually from a recently published book or journal article. In every case the proper permissions have been obtained. If you are a publisher who would like to participate in this feature, please let us know via the site’s contact form.

Not in Anyone’s Backyard: Exploring Environmental Inequality under Section 15 of the Charter and Flexibility after Fraser v Canada

2022 27 Appeal: Review of Current Law and Law Reform 19, 2022 CanLIIDocs 952

Larissa Parker is a recent graduate of the McGill Faculty of Law and the 2021 recipient of the David . . . [more]

Each Wednesday we tell you which three English-language cases and French-language cases have been the most viewed* on CanLII and we give you a small sense of what the cases are about. La version française suit.

For this last week, the three most-consulted English-language decisions were:

1. R v Royal, 2022 ABCA 330 (CanLII)

[12] Accordingly, when the Crown took charge of the matter at that point, the matter should have been brought to a superior court judge, not to another provincial court judge. The decision in Doz, brief as it was, had not expired by 2022. It is . . . [more]

On September 4, 2022, a much-anticipated plebiscite to approve or reject a new constitution took place in Chile with voters overwhelmingly rejecting the proposed text. Another constitutional referendum took place this year on July 25, 2022 in Tunisia. In this case, voters approved the new constitutional text by a high margin, despite a low turnout and increasing consolidation of presidential power by President Kais Saied. These two constitutional processes are not the only ones taking place around the world. Haiti, Sri Lanka, Armenia, Kazakhstan, Central African Republic and Barbados are among those countries who have pursued, are . . . [more]

After nearly 11 years, dozens of Tipsters, and more than 1200 tips, we’ve made the decision to transition SlawTips from its own site to being part of our content here at Slaw. Moving forward, you’ll now find new tips occasionally via our “Tips Tuesday” category.

A huge thanks to all the Tipsters who have generously contributed their pearls of wisdom since 2011. Like the main Slaw site, SlawTips would not be possible without the many authors who share their time and writing talent with the legal community here in Canada and abroad.

The SlawTips motto has always . . . [more]

“A bad settlement is better than a good trial.” Every year, I pass along this old lawyer saying to students in my Civil Procedure and Legal Ethics classes. The idea is that pushing on to a hearing is expensive, risky, and time-consuming. Even a far-from-ideal settlement might be better overall.

Thus, lawyers must “advise and encourage” clients to settle their disputes so long as there is a “reasonable basis” to do so, according to the Rules of Professional Conduct. Courts and tribunals strongly encourage settlement with mandatory mediation, cost incentives to settle, and judicial pretrials among other mechanisms.

Of . . . [more]

One Sunday each month we bring you a summary from Supreme Advocacy LLP of recent decisions at the Supreme Court of Canada. Supreme Advocacy LLP offers a weekly electronic newsletter, Supreme Advocacy Letter, to which you may subscribe. It’s a summary of all Appeals, Oral Judgments and Leaves to Appeal granted from Aug. 18 – Oct. 12, 2022 inclusive.

Appeals

Criminal Law: Hearsay
R. v. Schneider, 2021 BCCA 41, 2022 SCC 34 (39559)

Three questions: whether what the witness overheard had meaning, such that it was relevant to an issue at trial; whether what the witness overheard . . . [more]

Every week we present the summary of a decision handed down by a Québec court provided to us by SOQUIJ and considered to be of interest to our readers throughout Canada. SOQUIJ is attached to the Québec Department of Justice and collects, analyzes, enriches, and disseminates legal information in Québec.

PÉNAL (DROIT) : Le juge de première instance ne pouvait tirer aucune conclusion du fait que la plaignante avait accepté de revoir l’intimé avec un groupe d’amis après l’agression sexuelle alléguée; toutefois, cette erreur de droit n’a pas eu une grande incidence sur le verdict d’acquittement, et l’appel est rejeté. . . . [more]

Each Friday, we share the latest job listings from Slaw Jobs, which features employment opportunities from across the country. Find out more about these positions by following the links below, or learn how you can use Slaw Jobs to gain valuable exposure for your job ads, while supporting the great Canadian legal commentary at Slaw.ca.

Current postings on Slaw Jobs:

• Family Lawyer (Full-time) | Langley, BC
  (Waterstone Law Group LLP)
• Senior Conveyancer (Full-time) | Langley, BC
  (Waterstone Law Group LLP)
• Litigation Lawyer (Full-time) | Chilliwack, BC
  (Waterstone Law Group LLP)
• Litigation Associate (Full-time) | Vancouver, BC
  (Bernard LLP)
• Manager, Community

Written by Daniel Standing, LL.B., Editor, First Reference Inc.

The law doesn’t easily tolerate those who sleep on their rights. In the world of wrongful dismissal, the adage “you snooze, you lose” rings particularly true. A recent decision of the Court of Appeal for Alberta (2022 ABCA 230) illustrates how an employee’s delayed objection to significantly changed terms of employment can leave them stuck with the changes. The court also provides helpful advice about factors that might serve to lengthen or shorten the amount of time an employee has to think before choosing to act. . . . [more]

Every law society in Canada places one key condition on candidates for law licensure: Unless you are an internationally trained candidate, you must hold a three-year degree from an accredited law school before you can begin the bar admission process.

As a result, virtually every domestically trained lawyer in Canada has a law degree, and most of us who entered the profession this way have never questioned that. We assume that, well, naturally you need a law degree to become a lawyer — even though it’s not “natural” at all, but the result of a decision by the profession’s regulators. . . . [more]