In our newfound enthusiasm of all things AI, some might take issue with the word “Artificial” and prefer “Augmented”, or the less pretentious “Added” to reflect a “man+machine” future, rather “man or machine” one. Just as there is a rule that scuba divers operate in pairs to look out for each other, maybe machines should be paired with a human minder/beneficiary.

Trusting them is an issue for Ms. Melanie Mitchell, Professor of Computer Science at Portland State University, according to the article titled “Artificial Intelligence Hits the Barrier of Meaning” in the New York Times:

“While some people

The CRTC just released a bulletin that goes to surprising lengths to impose liability on third parties for CASL violations. Lengths that may not be supported by the legislation.

It basically tries to turn intermediaries into enforcers. An approach this aggressive is surprising in light of the INDU committee report on CASL released in December 2017 that concluded in part: “The Act and its regulations require clarifications to reduce the cost of compliance and better focus enforcement.”

The bulletin is Compliance and Enforcement Information Bulletin CRTC 2018-415 Guidelines on the Commission’s approach to section 9 of Canada’s anti-spam legislation (CASL) . . . [more]

I got back to DC in time for the 2018 Federal Depository Library Conference, held October 22 through 23 in Arlington, Virginia. This was an opportunity to learn about the latest enhancements to the Government Publishing Office’s U.S. government information platform, govinfo.gov . This platform has replaced their FDSys.gov which will be offline by the end of this year. There will be redirects from the PURL’s to the new location of the content.

Their new content includes statute compilations for major legislation, eight new courts added in the U.S. Courts collection, and the Congressional Directories for the 115 . . . [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. Marakah, 2017 SCC 59

[1] Can Canadians ever reasonably expect the text messages they send to remain private, even after the messages have reached their destination? Or is the state free, regardless of the circumstances, to access text messages from a recipient’s device without a warrant? The question in this appeal is whether the guarantee against unreasonable search and . . . [more]

Women are underrepresented in legal technology companies. In the article Making the Future of Legal Tech Female: How We Can Promote Women Founders, Kristen Sonday discusses the dangers of the underrepresentation of women in legal technology companies. “Women currently account for less than 15% of legal tech founders overall.” This is problematic.

As we move from a print-based society to an Internet-based society, technology will change the way legal information is provided and created. If algorithms and AI systems are created by homogenous groups, then the law and legal services will be skewed. Homogenous groups that build the algorithms . . . [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

Speed Up Your Computer by Keeping an Empty Desktop
Luigi Benetton

It’s common for people to replace their computers every three or four years. They seem to believe performance degrades so much that they need new machines to gain speed increases. Sometimes that’s true. Hard disk drives,for instance, can wear over time. Inexpensive machines aren’t usually built to be upgraded. …

Research & Writing

Use Abridgment Topics to . . . [more]

Several times each month, we are pleased to republish a recent book review from the Canadian Law Library Review (CLLR). CLLR is the official journal of the Canadian Association of Law Libraries (CALL/ACBD), and its reviews cover both practice-oriented and academic publications related to the law.

Family Law Litigation Handbook (Ontario). By Gary S Joseph. Toronto: Thomson Reuters, 2017. 280 p. ISBN 978-0-7798-8011-9 (softcover) $119.00.

Reviewed by Joanna Kozakiewicz
Manager, Library Reference Services
Osler, Hoskin & Harcourt LLP
In CLLR 43:1

The second edition of Family Law Litigation Handbook (Ontario) is described by the author as . . . [more]

Below is an excerpt from the introduction of my new book that will be published by LexisNexis on November 30. More information about this book can be found here.

There are times when judges interpret statutes in ways that defy common sense. A notorious example was raised during the Senate confirmation hearings of eventual U.S. Supreme Court appointee Neil Gorsuch in which he was pressed by Democratic members to defend his dissent in Trans Am Trucking. In what is known as the “frozen trucker case”, he denied a trucker the benefit of protective legislation permitting an employee to . . . [more]

Privacy law is the new frontier in personal rights. Although privacy may be “a protean concept” (R v. Tessling, para 25), it is one of the most fundamental issues in a digital era.

The lack of statutory development, and the challenges of extending existing statutory frameworks to emerging privacy issues, has forced the courts to develop new rights of action to protect the privacy interests of Canadians.

The second of these, the tort of public disclosure of private facts, has a troubled history. Decided on a default judgement, including the setting aside of the decision when . . . [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) : Les appels interjetés à l’encontre des déclarations de culpabilité de Robert Poirier, ancien maire de Boisbriand, et de France Michaud, une dirigeante de la firme d’ingénierie Roche, sous divers chefs d’accusation de fraude et de corruption afférents à l’adjudication de contrats par la Ville de Boisbriand pendant . . . [more]

A British Columbia Arbitrator recently held in a preliminary award that an employee who reported to work smelling of alcohol did not provide the employer with reasonable cause to test that employee for drugs.

What happened?