This week's summaries concern: Infringement of copyright / Judicial bias :

On one Sunday each month we bring you a summary from Supreme Advocacy LLP of recent decisions at the Supreme Court of Canada. Supreme Advocacy LLP offers a weekly electronic newsletter, SupremeAdvocacyLett@r, to which you may subscribe.

Summary of all appeals and leaves to appeal granted (so you know what the S.C.C. will soon be dealing with). For leaves, both the date the S.C.C. granted leave and the date of the C.A. judgment below are added in, in case you want to track and check out the C.A. judgment. (Dec. 14 – Jan. 16, 2014 inclusive).

APPEALS

Copyright: Compensatory . . . [more]

Pénal: Lorsque la demande d'exclusion de la preuve est rejetée dans un dossier de conduite avec une alcoolémie supérieure à la limite permise, l'accusé se retrouve dans la même situation que s'il n'avait pas invoqué la Charte canadienne des droits et libertés et, dès lors, l'enseignement de Rilling c. R. (C.S. Can., 1975-06-26), SOQUIJ AZ-76111072, [1976] 2 R.C.S. 183, s'applique; ainsi, le certificat d'analyse est recevable en preuve et la présomption d'identité prévue à l'article 258 (1) c) C.Cr. s'applique (C.A.).

I’m on for a little rant today but this is significant topic, courtesy of one of my LRW students conducting some research on the Nadon appointment to the SCC (on the plus side this does drive home the point I continually try to make that you cannot exclusively rely on one source or the web all the time). Interestingly, I thought we were getting rid of all the print government publications because the Interwebs are so much more efficient and effective? Well try and find SC 2013, c 40 which received Royal Assent on December 12, 2013, over a month . . . [more]

There’s a fine line between the sublime and the ridiculous. Often it’s simply a matter of stepping outside an idea and looking back: to take an example, hockey — or sex, if you’d prefer that — is both an exciting target for one’s passion and a profoundly silly way for grownups to disport themselves.

I feel that way to some extent about flying. I’ve been doing it for what seems to be to be a long long time, from the days of partly pressurized DC-3s, though Super G Constellations, Vickers Viscounts and Boeing 707s, on to the airliners of today. . . . [more]

As I write this column, 2013 is winding toward its close. Like most years in the 21^st Century, it was filled with innovations in information. The changes accelerate as time passes. Current undergraduates view the world before the coming of WiFi, iPhones and social media like for those born after electricity was brought to the masses. How did people live before the change? Who cares? Much is being gained, much is being lost. As Charles Dickens put it, it was the best of times, it was the worst of times. I will recap the year with one gray story, . . . [more]

The perceptive among you will have noticed that Slaw has a new blogger. Tim Knight has joined us, and though he may not be able to start the planned regular blogging until some time in the Spring, he’s likely to post a few entries between now and then. (Tim’s first entry was just posted moments ago.)

Tim is Associate Librarian and Head of Technical Services at the impressive Osgoode Hall Law School Library and has worked as a librarian at the Great Library and at the Ontario Institute for Studies in Education. We’re particularly glad that he’s joined us, because . . . [more]

Cybercrime dangers are many, complex and ever-changing. Hardly a day goes by without another news report of a data breach or other cyber-related scam or theft. Cyber criminals have considerable resources and expertise, and can cause significant damage to their targets. Cyber criminals specifically target law firms as law firms regularly have funds in their trust accounts and client data that is often very valuable. This article, from the December 2013 issue of LAWPRO Magazine, reviews the specific cybercrime dangers law firms need to be concerned about, and how they can mitigate their risks.

Lost or stolen laptops, smartphones . . . [more]

The concept of ‘net neutrality’ has taken a hit in the United States. As reported by Ian Chant in the Library Journal on Tuesday the Washington, D.C. Circuit Court of Appeals has ruled that the Federal Communications Commission (FCC) “overstepped its bounds as a regulator in putting those rules in place.”

In the decision to Verizon vs. Federal Communications Commission, Circuit Judge, David S. Tatel opens with this statement:

For the second time in four years, we are confronted with a Federal Communications Commission effort to compel broadband providers to treat all Internet traffic the same regardless of source—or

. . . [more]

I’m again teaching at the University of Ottawa Law School during its unique January term in which students take one course for three hours per day. We discuss how the practice of law is irreversably transforming and how they’re going into the worse articling market in history with a pilot LPP program that is being set up for failure by Benchers who delayed the LPP decision far too long.

Layer on top of that, technology that reduces the number of lawyers needed for certain tasks, the conflict between hours targets and the “do more for less” challenge, alternative legal providers, . . . [more]

To provide guidance on organizational mobile development strategies, Ontario’s Information and Privacy Commissioner, Dr. Ann Cavoukian, along with TELUS, explore the options for workplaces in a new white paper, Bring Your Own Device: Is Your Organization Ready?

Part 2: The failure of the Federal/Provincial Task Force on Uniform Rules of Evidence to have its Uniform Evidence Act enacted, because the piecemeal amendment of the law of evidence is preferred

Late in 1977, because of the “mixed” reception that the Law Reform Commission of Canada’s proposal for an Evidence Code to replace the Canada Evidence Act had received nationally, the Federal/Provincial Task Force on Uniform Rules of Evidence had been formed under the sponsorship of the Uniform Law Conference of Canada (the ULCC), which body provides the mechanisms and procedures by which federal, provincial, and territorial government . . . [more]