Canada’s online legal magazine.

The Dickensian World of Music

The pittance received by most musicians through modern distribution formats is hardly news. Records sales have long tanked and online streaming – the trending means of music consumption – is famous (see here and here for example) for paying out a fraction of a penny per listen. By one US estimate, it takes over 172,000 plays per month for an artist to make a living wage. The upshot is that you need to go big or go home – or at least tour a lot. In what follows, I will explain the financial side of the business in Canada, . . . [more]

Posted in: Intellectual Property

Mental Health Court: The Way of the Future

In April 2018, Edmonton launched a mental health court to great results. The court was designed to address the backlog of criminal cases by addressing mental health concerns. At the root of many criminal cases and recidivism is an underlying mental health issue. Traditional courts are not always equipped to address the mental health element underlying the cases. Meaning that the cycle of repeat offences continues.

The mental health court reduces the likelihood that someone will reoffend by “tackling the mental health issues that put them there in the first place.” In the CBC article by Andrea Huncar, she writes . . . [more]

Posted in: Justice Issues

The Healthy Respect Between Judiciary and Executive

As we enter 2018, we begin the new year with a new Chief Justice, and an opportunity to reflect on the Rt. Hon. Beverley McLachlin’s 17 years in this role, the longest in the entire history of Canada.

A well-experienced jurist, who has been on the bench since 1981, her role on the Court has had a discernible impact on the development of the Charter and its interpretation. The Charter is one of the most important national symbols of Canada, outranking even the flag, the national anthem, the RCMP, and even more than hockey. The CBA Presidents who . . . [more]

Posted in: Justice Issues, Substantive Law: Judicial Decisions

Summaries Sunday: Supreme Advocacy

On 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 as well as leaves to appeal granted so you will know what the SCC will soon be dealing with (November 24 to December 29, 2017 inclusive).

Appeals

Aboriginal Law: Treaty Rights
First Nation of Nacho Nyak Dun v.Yukon, 2017 SCC 58 (36779)

Yukon did not here have the authority to make the extensive . . . [more]

Posted in: Summaries Sunday

Expanding the Role of Law School Clinics: Bonkalo and the House of Commons

Two recent reports have recommended expanding the role of law school clinics. The first was the Bonkalo Report released earlier this year which made recommendations for reform to the family law system in Ontario. The second was the recent report of the House of Commons Justice and Human Rights Committee, which examined the legal aid system in Canada.

Justice Bonkalo’s report (discussed in an earlier column) had this to say about family law programs at Ontario’s student legal clinics:

I was very impressed by the extensive and important work undertaken by law students, supported by lawyers, who are obviously committed

. . . [more]
Posted in: Legal Education

Mental Health and Law Students: Addressing the Issue One Step at a Time

We do know that studying law is a stressful process: demanding curriculum, competitive environment, exacting professors. The world of Law schools is hard-core for many students. In fact, research shows that worldwide, law students are among the more prompt to psychological distress and mental health difficulties across all faculties’ students. In line with initiatives taken by Ontario law schools to support students’ mental wellbeing, the Civil Law Section at University of Ottawa started this year a pilot project to tackle first year students’ stress and anxiety. This project was also motivated by the fact that our students have a . . . [more]

Posted in: Legal Education

Learning From BC’s Troubling Experiments With “Professional Reliance” in Environmental (De)Regulation

Asking questions about professional reliance in BC

BC’s new NDP government recently announced a wide-ranging review of “professional reliance.” Environment and Climate Change Minister, George Heyman, was accompanied at the announcement by Green MLA Sonia Furstenau, who has been on the forefront of pressing for this review after her own experience (prior to her election) in opposing contaminated soil disposal in her own community.

West Coast Environmental Law welcomes this review, which has the potential to improve legal protection for human health and the environment by addressing a major approach to deregulation that has been implemented in BC over the . . . [more]

Posted in: Justice Issues

Courts of the Future and the Aging Population

“Images of the future are shaped by experiences of the past.” – Michael Lewis in the Undoing Project

The Globe and Mail recently reported about the court’s obstacles with handling an aging population. The article is titled: “Case of Calgary man with dementia highlights challenges courts face as population ages

The defendant Fred Van Zuiden recently turned 87 years old. He grew up in Nazi-occuped Holland. As a young Jewish boy he hid in strangers’ homes and a chicken coop. In October 2016, he was charged with second-degree murder of his wife. He called 911 after his wife’s . . . [more]

Posted in: Justice Issues

Copyright in Seismic Data

The seismic industry is of considerable significance to Canada’s oil and gas business. In Geophysical Service Incorporated v Encana Corporation, 2016 ABQB 230 the Alberta Court of Queen’s Bench had an opportunity to assess both claims to copyright in seismic data and the power of certain regulatory boards to release copies of such data to the public.

The Court of Queen’s Bench found seismic data was protectable under Copyright law but also found that the conduct of the applicable boards under the legislative schemes authorized their conduct and legitimized their dealing with the copyright works. The decision pertaining to . . . [more]

Posted in: Intellectual Property

Sears Shortcomings Highlight Regulatory Deficiencies

The Canadian Press conducted a survey recently of journalists, nearly 47% of whom voted the closure and controversies of Sears Canada as the 2017 Business News Story of the Year.

The public interest in the story was fuelled in no small part by its iconic status, but also the $270-million pension deficit that is unlikely to be fully serviced in light of other outstanding debts. As Michael Powell, incoming president of the Canadian Federation of Pensioners points out, it really shouldn’t be so significant,

Sears should not be the Canadian Press 2017 Business News Story of the Year

. . . [more]
Posted in: Justice Issues, Substantive Law

Summaries Sunday: SOQUIJ

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) : Adèle Sorella, que le jury avait déclarée coupable de meurtre au premier degré de ses filles de huit et neuf ans, voit ces verdicts annulés; la Cour d’appel ordonne la tenue d’un nouveau procès.

Intitulé : Sorella c. R., 2017 QCCA 1908
Juridiction : Cour d’appel (C.A.), . . . [more]

Posted in: Summaries Sunday

Ten New Year’s Resolutions for Marketing

This column gets published on December 22, when just about the last thing anyone will be doing is reading a column about marketing a law practice. That’s the Friday when everyone who hasn’t already taken off for the holidays is trying frantically to get out of the office by noon for the final frenetic round of shopping. Still, I have to assume that you’ll be back in the cold light of January and looking for something to kick-start the engines for another year. So here are ten New Year’s resolutions to rejuvenate your marketing plan for 2018.

1. Set a . . . [more]

Posted in: Legal Marketing

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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