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.

Refining the Reasonable Apprehension of Bias Test: Providing Judges Better Tools for Addressing Judicial Disqualification
Jula Hughes & Philip Bryden
36:1 Dalhousie Law Journal (2013) 171-192

Introduction

The “reasonable apprehension of bias” test for judicial disqualification has been a fixture of Canadian law for many years, at a minimum since its formulation in . . . [more]

The government of Canada has introduced a bill to amend PIPEDA on privacy matters. The bill appears to be largely the same as Bill C-29 from 2010. It imposes a duty on organizations that have custody of personal information to disclose to the Privacy Commissioner and to affected individuals the fact of any breach of security affecting that personal information, if the breach creates a ‘significant risk of serious harm’ to the individual. Both terms (significant risk and serious harm are defined, or at least given more flavour, in the bill.)

(7) For the purpose of this section, “significant

In Europe, the concern about the NSA and the “five eyes” countries is becoming more and more serious.

One of the more unusual proposals is to legislate against products that are insecure by design. A group loosely associated with the EU Pirate Parties and the Free Software Foundation proposes:

legislation to upgrade all communication among private citizens to provide necessary technical measures for maintaining an adequate implementation of the Secrecy of Correspondence required by most constitutions and human right charters. The law shall include ways to ensure its correct implementation and a transition path from the existing unencrypted systems

In . . . [more]

A serious flaw has been discovered in OpenSSL – the browser encryption standard used by an estimated two-thirds of the servers on the internet. This flaw has been there for a couple of years, and allows hackers to read data stored in memory. That gives hackers access to anything in memory, including security keys, user names and passwords, emails and documents. More detail is on Gigaom and Schneier on Security.

An update to OpenSSL fixes the flaw. Anyone who has a website should ask their service provider if it affects their site, and have it updated immediately.

And for . . . [more]

Yesterday was Equal Pay Day in the United States, and while the statistics released by the Pew Research Centre on the pay gap between men and women in the U.S. showed progress in shrinking the gap over time, the evidence overall revealed a persistent difference.

Last month, on the day before International Women’s Day, the federal government announced seven judicial appointments. Only one of the appointees is a woman.

It is challenging to keep from becoming frustrated with a plodding pace of change that sometimes feels like one step forward, two steps back. I know I am not . . . [more]

There is no shortage of topics to write about when it comes to Legal Education in the 21^st Century. Most of them encompass a huge amount of changes that are in process or on the horizon, which, depending on your outlook, can be taken as good news or bad. I think everyone can agree that it is a bit overwhelming to contemplate – especially since most of the changes such as governing body regulations, legal job markets and technological innovations are completely out of our hands and still be decided. Even the most pro-change reformer who would love to . . . [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. R. v. Yussuf 2014 ONCJ 143
   

   [1] This is my decision in the trial of Mr. Mohamed Ali Yussuf, who was tried before me on 17 March 2014 on a charge of wilfully obstructing a peace officer in the course of his duties. That charge arises from an incident alleged to have happened on 3 September 2012. The trial proceeded in an unusual

How well do most law firms understand and address reputational risks? Last week, I referenced the extreme example of Dewey & LeBoeuf, a bankrupt global firm that ignored reputational risk to the point where it now serves as the profession’s poster child for what-not-to-do.

This week, I’ll be more constructive.

Why pay attention to reputational risk?
It’s said that we’re now operating in a reputation economy where “who you are” matters more than “what you sell”. Research shows that across all sectors of society, transparency is now valued more than tradition, sharing more than showmanship and security more than . . . [more]

The call for papers for Law Via the Internet (LVI) went out recently. The conference is to be held September 29-October 1, 2014 in Nairobi, Kenya. The theme – The impact of open access to legal information : bridging the gap between accessibility and usefulness – presents attendees with huge scope for discussion, and as a parliamentary librarian, I’m interested to see how many of the suggested themes go beyond the courts and into areas of citizen participation in law-making. The idea that there is a gap between accessibility and useful is also a compelling idea, and I look forward . . . [more]

In a case conference decision in the matter Bank of Montreal v Faibish, 2014 ONSC 2178 (CanLII), Justice David M. Brown expressed “profound frustration” at the failure of lawyers and judges to make greater use of technology while conducting litigation. He went as far as ordering an e-trial on the matter, over the expressed desire of some counsel to do an electronic and paper-based trial.
This is one of the strongest statements a judge has made with respect to the need for greater use of technology in the court system. No doubt, it will generate considerable discussion. The relevant . . . [more]

There are plenty of fabulous continuing professional development offerings available for law librarians. MOOCs and webinars, local meetings and seminars, national and international conferences. For me, the Canadian Association of Law Libraries annual conference is a must attend event. Every time I select an ‘instead’ option (as opposed to and ‘in addition’ option) for my annual major professional development, I have regrets for several reasons:

1. I miss hearing about the enhancements that Canadian legal publishers are undertaking
2. I miss keeping up with the adjustments to my professional network – who is where
3. I miss the extraordinary information sharing that inspires

It wasn’t so long ago that would-be lawyers didn’t go to law school. Instead, they were apprenticed to experienced lawyers and learned their skills on the job.

It wasn’t until the 1950s and 60s in Canada that law degrees became de rigeur and apprenticeships were compressed into an articling year to be completed before writing the bar exam.

Flash forward to an age of soaring law school tuition rates and declining job openings, when students complain of heavy debts and a lack of practical training, and suddenly the age-old apprenticeship seems like a suitable tool for modern times.

“Adding apprenticeship . . . [more]