Canada’s online legal magazine.

Book Review: Music Borrowing and Copyright Law: A Genre-by-Genre Analysis

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.

Music Borrowing and Copyright Law: A Genre-by-Genre Analysis. Edited by Enrico Bonadio & Chen Wei Zhu. Oxford: Hart, 2023. xviii, 464 p. Includes bibliographic references and index. ISBN 9781509949380 (hardcover) $249.75; ISBN 9781509949397 (ePub) $199.80; ISBN 9781509949403 (PDF) $199.80.

Reviewed by Hannah Rosborough
Instruction & Scholarly Communications Librarian
Sir James . . . [more]

Posted in: Book Review, Thursday Thinkpiece

Captive Humans for Trade: Where’s the Law in “Hostage Diplomacy”?

The August 2024 prisoner exchange involving Russia, the United States, and several other countries has been lauded as a triumph of international diplomacy. Foreign hostages were not the only people released by Russia. Rights advocates were joyfully surprised and relieved that several Russian human rights defenders and political prisoners were released as part of the deal.

The August hostage exchange remains darkly tinged with the reality that Russia continues to hold over 1,300 prisoners on politically motivated charges. Worldwide, wrongfully detained people number at least a million. Authoritarian governments also conduct extraterritorial harassment to silence dissidents living abroad.

This column . . . [more]

Posted in: Justice Issues

Reading for Writers: Daily Rituals by Mason Currey and When: The Scientific Secrets of Perfect Timing by Daniel Pink

Unless you are one of those legendary litigators who focuses on court and leaves all of their writing to someone else, lawyers spend a lot of time writing. It would be wonderful if legal and professional writing escaped the demons of creative writing, but in my experience, the demons of procrastination and self-doubt and the lure of online shopping can only be overcome by the looming dread of a deadline or the personal guilt of a missed deadline. It’s impossible for one book to banish a writer’s demons, but this summer a pair of complementary books brought me tiny slivers . . . [more]

Posted in: Legal Information

Tips Tuesday: Keep a List of Questions for Product Demos

Keep a record of research questions you have answered and the next time you have a demonstration of a new product, use one or more of these questions (amended as appropriate). You get a much better idea of how a resource performs when you can compare its results to what you have retrieved using other resources than you do from a vendor’s prepared searches.

Alternatively, when a product is being demonstrated to end users, encourage attendees to bring questions that they have run into recently to the session. It is much easier for for users to evaluate the quality of . . . [more]

Posted in: Legal Information

Bad Ballots: Down With Direct Democracy in Law Society Governance

At the LSBC’s AGM tomorrow, several member resolutions will be up for a vote. Among them is a controversial resolution (Resolution 3) submitted by two BC lawyers that calls for changes to certain language in the LSBC’s Indigenous Intercultural Course. The language at issue references an unmarked burial site at the former Kamloops Indian Residential School. Various legal organizations have condemned Resolution 3 as being, among other things, “alarming Residential School denialism”, “an attack on the principles of Truth and Reconciliation”, an “insidious attempt to distort history” and as “undermin[ing] engagement with Indigenous communities”.

Resolution 3 follows . . . [more]

Posted in: Legal Ethics

Monday’s Mix

Each Monday we present brief excerpts of recent posts from five of Canada’s award­-winning legal blogs chosen at random* from more than 80 recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible.

This week the randomly selected blogs are 1. Legal Post Blog 2. Borderlines Podcast 3. The Court 4. PierreRoy & Associés 5. Michael Geist

Legal Post Blog
Howard Levitt: Ontario case shows that sometimes the best lawyer is no lawyer at all

A decision just issued by Ontario Superior Court Justice Robert Centa made that

. . . [more]
Posted in: Monday’s Mix

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) : La Cour rejette l’appel de la peine d’emprisonnement à perpétuité imposée à un jeune membre de gang de rue qui a tenté d’assassiner un homme devant chez lui au moyen d’une arme «fantôme»; compte tenu des circonstances du crime, du profil de l’accusé et des facteurs aggravants, . . . [more]

Posted in: Summaries Sunday

Ambiguous Patent Claims

Patents have a reputation of being difficult to read and understand and a key part of most patent litigation proceedings is ‘construing’ or providing meaning to the claims of the patent. A recent decision of the Federal Court considered a series of claims which it determined were not possible to be understood – the claims were ambiguous. As a result, the claims were declared invalid.

Declaring claims invalid for being ambiguous is rarely done in Canada. Various decisions have held over the years that claims are invalid for being ambiguous only if it is not possible to give the claim . . . [more]

Posted in: Intellectual Property

Thursday Thinkpiece: Against the Odds: The Indigenous Rights Cases of Thomas R. Berger

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.

Against the Odds: The Indigenous Rights Cases of Thomas R. Berger

Author & Editor: Drew Ann Wake
Publisher: Durvile
Foreword by Hamar Foster KC, Afterword by Shaznay Waugh
Release Date: September 1, 2024
ISBN: 9781990735486 (pbk)
Also available as ebook and audiobook

Page Count: 6” x 9” | 320 Pages
Regular Price: . . . [more]

Posted in: Thursday Thinkpiece

Beyond Command and Control: The Case for Empathetic Leadership in Law Firms

There’s a lot of talk, grumbling, and bemused head-scratching in law firms these days among partners of a certain age who lament the younger generation of lawyers who are so good at saying no and preserving their nights and weekends for pursuits other than legal work.

What is certain is that the commanding leadership style of previous generations – I will tell you to jump, and you ask how high – are not getting the results they used to.

While it is easy to lament the current younger generation, adapting one’s leadership style is likely to yield better results.

Case . . . [more]

Posted in: Practice of Law

What Was Heard: Contradictions in Canadian Scholarly Publishing

In July of last year, Canada’s three research-funding agencies set out to improve public and academic access to the studies they sponsor. Open access to research and scholarship is proving to be the digital era’s great gift to science, and all the more so, following open access’ contributions to Covid vaccine development during the pandemic. The plan for Canada’s Tri-Agency, as it is known, was to review and revise its Open Access Policy by identifying “the key features of an effective, comprehensive, sustainable and equitable immediate OA Policy for peer-reviewed articles, and the incentives and supports required for the Policy’s . . . [more]

Posted in: Intellectual Property, Legal Publishing

Monday’s Mix

Each Monday we present brief excerpts of recent posts from five of Canada’s award­-winning legal blogs chosen at random* from more than 80 recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible.

This week the randomly selected blogs are 1. Legal Post Blog 2. Legal Feeds 3. Lawyered Podcast 4. Meurrens on Immigration 5. Library Boy

Legal Post Blog
Canadians should brace for recession because odds are ‘not zero,’ says Stephen Poloz

Former Bank of Canada governor Stephen Poloz sees recession conditions in many parts of the

. . . [more]
Posted in: Monday’s Mix

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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