Canada’s online legal magazine.

The Supreme Court of Canada Is Now on Twitter

From the Court:

OTTAWA – The Supreme Court of Canada is pleased to announce the launch of its English and French Twitter accounts. Tweets will pertain to the business of the Court and will be posted on both accounts simultaneously.

The launch of these Twitter accounts in 2016 coincides with an important milestone in the Court’s history: it is the 140th anniversary of the first hearings held by the Supreme Court of Canada.

You can follow the Supreme Court of Canada on Twitter in English @SCC_eng and in French @CSC_fra.

Chief Justice McLachlin commends the Court’s presence on Twitter:

. . . [more]
Posted in: Announcements

Thoughts From UVic Law Students

For the past two years I’ve taught Advanced Legal Research and Writing to upper year law students, and I’ve just begun a third session.

This is a small seminar course and the students are primarily final-year students. My day-one poll of the students generally suggests some feel uncertainty about their legal research and writing skills as they prepare to enter the profession, and they take the course almost as “remedial legal research and writing,” to borrow the words of a colleague.

To meet stated student learning needs, we generally focus in depth on the skills of researching case . . . [more]

Posted in: Education & Training: Law Schools, Law Student Week, Legal Information: Libraries & Research

Move Your Firm to Web Encryption

Law firm Web sites can be more secure and offer clients a greater degree of comfort that their interactions are protected. Security and encryption are hot topics as the scales fall from digital eyes (and sometimes are put back again). Some recent developments in the way Web sites can secure their interactions make it even easier for law firms to have secure Web sites.

HTTPS

I’ve touched on using https yourself when sending or receiving client information, or banking, or engaging in other online activities. This slight change in a Web site’s URL – from http:// to https:// – means . . . [more]

Posted in: Legal Technology

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 sixty 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. First Reference Talks  2. Canadian Appeals Monitor 3. Blogue du CRL  4. The Court  5. Michael Geist

First Reference Talks
Alberta the newest province to add gender identity and gender expression to human rights legislation

Effective December 11, 2015, Alberta has added gender identity and gender expression as a . . . [more]

Posted in: Monday’s Mix

The Year of the Hybrid Cloud

Last year I indicated that there were changes in Ontario which suggested that cloud computing had been implicitly authorized for lawyers. There was no other practical way to implement the new services rules under the amended Rules of Civil Procedure.

Despite these changes, there is still resistance to adopting cloud computing in practice, and sometimes with good reason. Security breaches of online databases have illustrated the enormous risk and problems created in a digital world.

The Ashley Madison hacks had many scurrying in embarrassment, and others concerned because their names had been used by the website without their permission. . . . [more]

Posted in: Practice of Law: Practice Management, Technology: Internet

Canadian Librarians Track Down Fugitive Federal Government Documents

So-called fugitive Canadian federal government documents are documents that are available in print or on a website but that are not collected by an official depository program such as the federal Depository Services Program that maintains the Government of Canada Publications catalogue.

A few years ago, staff at 11 Canadian libraries launched the Canadian Government Information Digital Preservation Network (CGI DPN), an initiative dedicated to preserving digital collections of government information.

In 2014, the Network created the Fugitive Documents Working Group to develop strategies to collect fugitive documents.

The Working Group has created a spreadsheet to locate and report . . . [more]

Posted in: Legal Information: Libraries & Research

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.

CONSTITUTIONNEL (DROIT): Les articles de la Loi concernant les soins de fin de vie qui visent l’aide médicale à mourir sont incompatibles avec les articles 14 et 241 b) C.Cr.; leur mise en application sera ainsi suspendue dès l’entrée en vigueur de la loi, le 10 décembre 2015.

Intitulé :  . . . [more]

Posted in: Summaries Sunday

The Vicious Spiral of Self-Representation in Family Law Cases

A lot of good research on litigants without counsel has been published in the last three or four years, most notably, in my view, Professor Julie Macfarlane‘s “Identifying and Meeting the Needs of Self-represented Litigants,” a trio of papers published by the Canadian Research Institute for Law and the Family on the views of Alberta judges and family law lawyers, and a report by the Institute with professors Nicholas Bala and Rachel Birnbaum (in press) on the results of a national survey of judges and lawyers. Although this research doesn’t necessarily label it as such, I’ve noticed . . . [more]

Posted in: Justice Issues

Trade Law: Non-Violation Complaints – “Legitimate Expectations” & “Good Faith”

During my 21 years at the Department of Foreign Affairs and International Trade (DFAIT) – now known as Global Affairs Canada (GAC) – I was privileged to represent Canada in a number of GATT, WTO, and NAFTA trade disputes and one somewhat obscure but important case under the Canada- U.S. Free Trade Agreement (CUSTA). While the case was not a “headliner” the Panel decision in Puerto Rico Regulations on the Import, Distribution and Sale of UHT Milk from Québec [USA-CDA-1993-1807-01] was important in demonstrating the application of a claim of “non-violation nullification or impairment” (“NVNI”). One of the . . . [more]

Posted in: Substantive Law, Substantive Law: Foreign Law

A Library Association by Any Other Name?

I have been a member of the American Association of Law Libraries (AALL) since 1975 when I graduated from the University of Chicago Graduate Library School. That school was dissolved in the 1980’s. Now it looks like my profession of law librarianship may be disappearing as well.

AALL is in the midst of a major rebranding project. I am not averse to change and I empathize with those librarians who need to call themselves information professionals or specialists in order to gain respect in their organizations. But I had hoped that AALL would take the approach of organizations that have . . . [more]

Posted in: Legal Information

Spare 5 Minutes for Slaw?

Dear Slaw reader,

As you may have noticed from the banner at the top of our homepage, we’ve just launched our first-ever reader survey (hard to believe Slaw has been up and running for over 10 years now, and we’ve never formally sought reader feedback)!

We’d really appreciate you taking a few minutes to complete the survey. It won’t take long (promise!) as it’s mostly multiple-choice questions (the easy kind to answer, though we’d be grateful if you’d share your answers to a couple open-ended questions, too).

Slaw’s readership has multiplied over the years, with close to 700K unique . . . [more]

Posted in: Administration of Slaw

Cybersecurity – Role of the Board of Directors

Legislation recently introduced in the US Congress would compel publicly-traded companies to disclose in their filings with securities regulators whether any member of their board of directors was a ‘cybersecurity expert’.

Does this make sense to you? It does not to this commentator from the law firm Jones, Day. He says the role of the board is not to *be* the expert but to ensure that expertise is sought and its advice considered properly.

The comment notes that the SEC “has already made it clear that companies must disclose material cybersecurity risks and incidents to investors in their public filings.” . . . [more]

Posted in: Practice of Law, Technology, ulc_ecomm_list

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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