Each Thursday 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.

Why There Should Be No Constitutional Right to Contact Counsel from a Police Car
Originally published in the Western Journal of Legal Studies, Vol. 5 [2015], Iss. 4, Art. 5

Terry Skolnik, LLL (UOttawa), LLM (Cambridge), SJD candidate (University of Toronto)

Excerpt: Introduction, Part III & IV

[Footnotes omitted. They can be found . . . [more]

As part of the BCAMI Symposium held June 8 and 9 2015 in Vancouver, Jean Greatbatch conducted a workshop entitled the “Neuroscience of Conflict”. Jean is an experienced mediator and arbitrator with a special focus on workplace conflict, a member of the board of Mediate BC Society and a busy conflict consultant. She completed her LLM in Conflict Resolution at Osgoode and wrote her thesis on the topic of how the brain deals with conflict. In this post I will provide some highlights of her fascinating and insightful presentation. In 90 minutes she managed to provide a great overview of . . . [more]

The most used app on my phone, after the camera, is probably the weather app. It’s the farm girl in me, I think, that remains a little obsessed with what’s on the way.

Growing up on a prairie farm, we learned to watch weather patterns closely. To keep abreast of what was coming, we monitored:

• A thermometer for temperature
• A weather vane for wind direction
• A rain gauge for rainfall
• The Farmer’s Almanac for long range forecasts
• Fog (we counted 100 days after fog and expected rain)
• Radar for approaching storms
• And of course, weather forecasts from local and regional

Several amendments were made last week to PIPEDA, the federal private sector privacy legislation. This has been sitting around in draft for a long time. Except for sections creating a new mandatory breach notification scheme, the amendments are now in force. The breach notification scheme requires some regulations before it comes into effect. More on that at the end of this post.

Several of these changes were long overdue, and bring PIPEDA more in line with some of the Provincial Acts that were drafted after PIPEDA.

Here are some of the highlights that are in force now:

• The business contact

I have been thinking about discoverability of legal information materials for some time and worrying that in many cases it isn’t as good as it could be. At the Canadian Association of Law Libraries in Moncton last month the exhibitor hall was full of people with the goal of selling attendees information products in various forms. There were fewer people there with the goal of helping make those purchased materials accessible once they are acquired.

Legal information materials’ primary users have generally been subject experts (of various degrees), and this has meant that there has been less pressure to improve . . . [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. Equustek Solutions Inc. v. Google Inc., 2015 BCCA 265

[3] Google contends that the injunction ought not to have been granted because the application did not have a sufficient connection to the Province to give the Supreme Court of British Columbia competence to deal with the matter. It also argues that the injunction represents an inappropriate burden on an innocent non-party . . . [more]

As someone focused on process improvement and knowledge management I have a relationship with IT. In this case, I am speaking of IT as a group of professionals responsible for keeping the technology “lights on” in my organization. Often IT is called on to do more than keep the lights on. I have been spending time lately thinking about what it is that I ask of IT and whether my needs and expectations line up with the way that our IT groups is resourced. I have started asking myself if my need or expectation is the bucket (technology) or the . . . [more]

Petitions are an ancient method for people to tell their government (king or Parliament) what they want, and what they don’t want. ‘The relief of grievances’ is a big part of their appeal over the years. Petitions are a way of being heard, if not quite a day in court.

The traditional petition was a list of names and addresses subscribed to the text of the demand or complaint, generally with each person’s signature. The signature gave some assurance that the names represented real people, so the number of names might indicate real support for the message.

It takes work . . . [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 technology, research and practice.

Research

Legal Research Technology Concepts
Shaunna Mireau

Last week I posted about Legal Research Technology Skills. After reading Sarah Glassmeyer’s post on Slaw about The Future of Legal Practice and Technology for Law Professors. Today’s Tip is about technology concepts that I think are necessary for legal researchers. Concepts are things that a legal researcher should understand and have a rough idea of how they apply to legal research. … . . . [more]

I was at the spectacular MaRS space at College/University tonight for the launch of the Legal X “industry cluster” dedicated to stoking entrepreneurship in the world of legal services.

Before the presentations even began I was inspired by the physical plant. The vast light-filled glass and stone entrance. An enormous main floor auditorium. Airbnb’s offices are just outside its stunning high glass walls. Delicious food and wine circulated briskly among the 200 strong crowd. The whole place throbbed with energy.

Law Scout – a MaRS based legal tech start up demonstrated how they deliver fixed fee legal services to small . . . [more]

We have 11 days left to re-think the Canadian Bar Association. No pressure at all. But if you want to help, put on your rethinking cap.

I don’t represent or speak for the CBA in any way, but last Friday I did take part in a “Re-Think” session held at a Richmond airport hotel. I at least feel sufficiently authorized to draw attention to the work being done—which is nothing less than a stem-to-stern review and, if necessary, a redefinition of what the CBA does.

The room was filled with a few dozen people: dedicated members of our . . . [more]

I did manage to get myself out to San Diego for the 15^th International Conference on Artificial Intelligence and Law. As mentioned in my short introductory post about the conference in early May that ICAIL 2015 was took place from June 8-12 at the University of San Diego. The view from the elevated USD campus was spectacular and made spending time in the Joan R. Kroc Institute for Peace and Justice and surrounding gardens all the more pleasurable. Congratulations to the organizers for providing a well-run and fruitful conference.

When I think of artificial intelligence (AI) my thoughts . . . [more]