1. Electronic records management system technology

My published paper “The Sedona Canada Principles are Very Inadequate on Records Management and for Electronic Discovery”[i] criticizes the first edition (January 2008) of: The Sedona Canada Principles—Addressing Electronic Discovery (hereinafter, “Sedona Canada”) because it provides neither analysis nor description of the relationship between electronic discovery and electronic records management systems.[ii] The integrity (reliability; truthfulness) of an electronic record is dependent upon the integrity of its electronic records management system (its ERMS). That is the “system integrity” concept of records reliability, i.e., “records integrity” requires proof “records systems integrity,” which . . . [more]

A column in the Canadian Lawyer suggests that “technology in a modern advanced society such as the one in which we live, should be recognized as a constitutionally protected right to ‘life, liberty and security of the person,’ under s. 7 of the Charter of Rights and Freedoms”.

Does this suggestion appeal to you? What do you suppose it means in practice?

A bit later on, the columnist suggests he is talking about “access to at least the most basic and rudimentary elements of technology, and arguably, reasonable levels of technology”.

So: the right is access to technology – but . . . [more]

There has been a big kerfuffle in the last few days over the thought that Samsung smart TV’s are listening to and recording TV watcher’s conversations via their voice command feature. That arose from a clause in their privacy policy that said in part “…if your spoken words include personal or other sensitive information, that information will be among the data captured and transmitted to a third party through your use of Voice Recognition.”

Samsung has since clarified this language to explain that some voice commands may be transmitted to third parties to convert the command to text and make . . . [more]

“Answers are closed rooms; and questions are open doors that invite us in.”
~ Nancy Willard

In my last couple of posts (here and here) I’ve been exploring some of the conditions needed for justice innovation. I’ve looked at why including users in the design of new justice solutions is important, and I’ve discussed why I believe we need to rethink some of our problem solving approaches. In my last post in this innovation series, I want to talk about the “art of questioning” and how asking the right questions can help us become more empathetic, creative and . . . [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. Carter v. Canada (Attorney General), 2015 SCC 5

[1] It is a crime in Canada to assist another person in ending her own life. As a result, people who are grievously and irremediably ill cannot seek a physician’s assistance in dying and may be condemned to a life of severe and intolerable suffering. A person facing this prospect has two options: . . . [more]

CanLII’s Board of directors announced yesterday, February 9th, that Colin Lachance is to step down from his position of President and CEO of CanLII. On this occasion, Lexum wishes to acknowledge Colin’s important contribution to the development of Free Access to Law in Canada.

Colin Lachance has held the title of President and CEO of CanLII for four years. Under his leadership, CanLII became stronger and confirmed its status as a leading source for Canadian legal research. Colin is also the driving force behind CanLII*Connects – a legal commentary website which complements and enriches CanLII. He also led the . . . [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.

Technology

USB Logo Helps When Plugging in USB Cord
Dan Pinnington

The Universal Serial Bus or USB cable has become the universal standard for charging and connecting electronic devices. USB cable connectors come in a variety of shapes and they can fit very snugly or offer very little resistance when you plug them in. Getting the right orientation can sometimes be a challenge, and forcing them in the wrong orientation . . . [more]

There are provisions in the Rules of Civil Procedure which provide that if a plaintiff brings a lawsuit in Superior Court and recovers an amount that is within the monetary jurisdiction of the Small Claims Court ($25,000), it is open to the court to order that the plaintiff shall not recover any of its legal costs of the lawsuit.

The rationale behind these provisions is straightforward. If a litigant fails to recover more than $25,000, then its claim ought to have been brought in the Small Claims Court which provides for a more streamlined, less expensive, procedure. A plaintiff, theoretically, . . . [more]

A journalist recently asked me whether I agreed with the trend to single names for law firms, “given the traditional importance assigned to becoming a named partner.” My reaction was two-fold:

1. There’s not much point in agreeing or disagreeing with a trend: the question is whether or not you’re going to follow it.
2. I’ve yet to meet an associate whose ambition was to see his or her name plastered over the reception desk.

I ended up commenting on why I think the trend exists. That set me thinking about names as an aspect of marketing.

Back when Toronto’s Hospital for . . . [more]

Written policies that clearly establish guidelines and requirements governing the acceptable use of firm technology can help reduce cyber exposures and give staff clear direction on what they are permitted and not permitted to do with law firm technology resources.

Use these resources and sample policies to create polices for your firm (These resources supplement the information in the Cybercrime and Law Firms issue of LAWPRO Magazine): The model policies are also available in Word and RTF formats.

• Model Technology Usage Policy: This general policy discusses the appropriate firm computing and information resources.
• Model Electronic Document Handling Policy:

Last May John O. McGinnis and Russell G. Pearce wrote about the “great disruption” in an article published in the Fordham Law Review. They began by stating that, “Law is an information technology–a code that regulates social life.” They concluded that “the disruptive effect of machine intelligence will trigger the end of lawyers’ monopoly and provide a benefit to society and clients as legal services become more transparent and affordable to consumers, and access to justice thereby becomes more widely available.” They also noted that,

“The market for electronic legal services is at a

In all honesty, our title is somewhat (and voluntarily) misleading. There is no clear sign that online dispute resolution is going to be the norm in the near future in Quebec – or anywhere else in Canada for that matter. Even in British-Columbia, where the much talked about Civil Resolution Tribunal should finally launch later this year, it’s doubtful that the judicial process will transfer online for other courts and tribunals any time soon. “Then why the misleading title?”, you may ask. Because recent legislative changes in Quebec have paved the way for ODR service providers to make great strides . . . [more]