Starting Nov 1 2018 PIPEDA requires businesses to notify the Privacy Commissioner and affected individuals of any privacy breach that poses “a real risk of significant harm”.

It also requires businesses to keep a record of all breaches of security safeguards that involve personal information, even if there is no risk of harm. It must include details of why a breach does not pass the reporting threshold.

So simply dealing with a potentially harmful privacy breach when and if it happens is not sufficient compliance.

The Commissioner can ask to see that breach record at any time. Failure to comply . . . [more]

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

For this last week:

1. R. v. Oakes, [1986] 1 SCR 103, 1986 CanLII 46

1. The Chief Justice‑‑This appeal concerns the constitutionality of s. 8 of the Narcotic Control Act, R.S.C. 1970, c. N‑1. The section provides, in brief, that if the Court finds the accused in possession of a narcotic, he is presumed to be in possession for the purpose of trafficking. Unless . . . [more]

Let me share several observations about legal scholarship in general and law reviews in particular.

First, we cannot simply continue to do things the way we have always done them. That is a recipe for irrelevance at best and for obsolescence at worst. This statement applies equally to the practice of law, to the justice system and to legal education. It applies in equal if not stronger force to legal scholarship because unlike legal education in this country at least, the forces of globalization, technology and competition are exerting pressure on traditional legal scholarship in this country.

An aspiring law . . . [more]

Or As My Kids Might Say, “Do I Have To?”

For some who do not routinely work in the field of administrative law, the idea of statutory authority is generally thought of as the statute itself and whatever regulations might be created by cabinet in relation to the statute. However, administrative law is replete with examples of statutes that grant administrative bodies the authority to create regulations or other kinds of rules.

There is also ample case law regarding scope of an administrative body’s authority to create regulations, rules, guidelines, or other principles by which it might compel or direct. . . . [more]

Here are excerpts from the most recent tips on SlawTips, the site that each week offers up useful advice, short and to the point, on practice, research, writing and technology.

Technology

Remove Formatting From Copied Text
Luigi Benetton

Researching articles. Writing school assignments. Quoting other people in blog posts. During each activity, I usually cut text from one document and paste it into another. …

Research & Writing

Is It OK or Okay?
Neil Guthrie

Not a question that arises in connection with drafting a contract or pleadings (one hopes), but certainly in composing e-mail. Both are recognised forms. . . . [more]

Here are some further thoughts on how Canada might authorize electronic wills. Perhaps the Uniform Law Conference of Canada could use them in the mix of policy proposals when and if it takes up the topic, as it is almost bound to do sooner or later – as companion jurisdictions move towards law reform.

Speaking of those jurisdictions:

• In July, 2018, the Uniform Law Commission in the US gave first reading to its Uniform Electronic Wills Act. No further draft has been released to follow up on the discussion. The developments in that project so far are online at

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.

FAMILLE : Alors que certaines dispositions du Code de procédure civile viennent conférer aux notaires le pouvoir d’accomplir des actes autrefois réservés aux avocats, le demandeur n’a pas démontré qu’il est du ressort exclusif de l’avocat de rédiger la demande conjointe sur projet d’accord réglant les conséquences de la séparation . . . [more]

About eight years ago I published a document called The Rights and Responsibilities of Self-Represented Litigants that took rights-based approach to the role of litigants within the justice system and the expectations they should have as to how they will be treated. It was a response to the attitude, common among the bench and bar at the time, that litigants without counsel are irritating interlopers who gum up the finely oiled machine that is the justice system, and was intended to spell out, in a positive way, the expectations such litigants should have as they navigate the justice system.

As . . . [more]

Improving access to justice is about pushing boundaries in our understanding of key issues at the forefront of the justice sector. It’s about engaging in discussions to move the dial forward, to break down barriers and develop meaningful solutions. This cannot happen in the justice sector alone. It takes stakeholders and experts from a diverse range of backgrounds, each with their own unique relationship to the law, to bring their perspectives and experience forward.

How does a senior investigative correspondent for the CBC understand mental health challenges in the justice system? How can we close the gap in representation in . . . [more]

The Ontario Superior Court of Justice recently found that the communications and conduct of the employer’s lawyer regarding sexual harassment investigation were not privileged and could be referred to in the employee’s Statement of Claim in the litigation against the employer

What happened?

A long-service employee (employed since 2002), while being placed on a performance improvement plan (PIP), raised allegations that her supervisor was bullying and sexually harassing her. In response, her employer:

• Conducted an investigation but failed to interview the complainant employee during this process;
• Concluded that the claims were unsubstantiated.

We know that there is significant discrimination and abuse in articling. We’ve heard the stories and we have the stats too. To cite just a small amount of recent information we have in Ontario:

• Over 100 articling students responding to a 2017 Law Society survey reported unwelcome comments or conduct related to personal characteristics (age, ancestry, colour, race, citizenship, ethnic origin, place of origin, creed, disability, family status, marital status, gender identity, gender expression, sex and/or sexual orientation).
• The Law Society’s Discrimination and Harassment Counsel (DHC) recently reported that it has observed a significant trend of complaints about abusive