One Sunday each month OnPoint Legal Research provides Slaw with an extended summary of, and counsel’s commentary on, an important case from the British Columbia, Alberta, or Ontario court of appeal.

DETLOR v. BRANTFORD (CITY), 2013 ONCA 560

1. CASE SUMMARY

Areas of Law: Municipal law; Aboriginal law; Constitutional and Charter law

~Bylaws containing specific reference to identifiable individuals in their preamble, and affecting Aboriginal people, will not be held to be invalid if they are of general application and do not touch on the “core of Indianness”~

Background: The Haudenosaunee people claimed unsurrendered rights to land in the . . . [more]

When lawyers say they can’t afford their own services, you might have an access to justice problem.

Regina lawyer Alex Shalashniy said during the CBA Legal Futures Initiative’s Twitter chat Tuesday night that he’s heard lawyers admitting they would be unable to pay their own fees if they needed a lawyer – something he calls a “telling illustration” of the access to justice problem in Canada.

A number of people participating in the third weekly Twitter chat, this one dealing with how legal services can be changed to increase access, pointed to cost as a barrier.

Corinne Boudreau, owner of . . . [more]

Sean Hocking’s recent article Law Firms Should Have Become Legal Publishers Because Legal Publishers Are Now Becoming Law Firms, although prompted by the news of the establishment of Jordans Corporate Law Ltd., a new offshoot of The Jordans group of companies, brings into question an opportunity that for a long time I have thought feasible. Love or hate them, legal and professional information publishing entities for hundreds of years have been a critical component of the education, training of lawyers and their competence to practice. It is almost surprising to see that, at least since the beginning of . . . [more]

[This is the first of a two-part column on open access and public access to Canadian legal scholarship within the free law movement. This week (October 21-27, 2013) is International Open Access Week. This annual global event, now entering its sixth year, is organized by the Scholarly Publishing and Academic Resources Coalition (SPARC) of the Association of Research Libraries (ARL) to promote the goals of Open Access to the public generally but especially within the academic and research communities, to demonstrate its benefits and to inspire wider participation in making Open Access a new norm in scholarly publishing. The . . . [more]

Naming has been problematic ever since Adam got the job of dubbing a billion or more different creatures. For one thing, you run out of options, or your imagination fails. For another, you want the name to be distinctive, perhaps, but not abstruse or downright daft. Brains get cudgelled and books get consulted. What shall we call the baby?

I started thinking about this . . . [more]

Law enforcement has contacted us seeking assistance in investigating bad cheque frauds by someone purporting to be Joe Mathewson. He is using the email address Joe111mathewson@gmail.com and the phone number 647-760-4059. The following UPS account numbers have been used on frauds: A82A95 F9236V and F88481.

If any of the above information has come up in a matter you have handled or been approached for, please contact Tim immediately at fraudinfo@lawpro.ca or 416-596-4623 so we can gather further information for the police.

Cross posted at AvoidaClaim . . . [more]

As some readers may know, I retain a small commercial real estate practice. I apply as much of my thinking to my practice as workable. The upside is that my practice runs on very low overhead and is cost-effective for me and my clients. It also forces me to assess risk with my clients so that I don’t negotiate every sentence of every document; which is the essence of being a “trusted advisor.”

The downside is dealing with lawyers (most of whom are from Biglaw) for whom concepts of cost-effectiveness, efficiency and thoughtfulness are completely unknown; lawyers who can’t stop . . . [more]

The British daily The Guardian reports that the Supreme Court in the Australian state of Victoria wants to make the justice system more understandable for citizens by making its website more interactive and hiring a retired judge to blog about cases:

“[Victorian Chief Justice Marilyn] Warren said the court’s new interactive website would become a hub for the court’s communication with the public, who would be able to comment on the website, watch video on demand, debate in online forums, and download judgments and summaries.”

“She said employing a retired judge to blog the courts represented a ‘historic shift

. . . [more]

On October 17, 2013, Quebec’s Commission des droits de la personne et des droits de la jeunesse released an opinion on the government's policy paper, Orientations gouvernementales en matière d'encadrement des demandes d'accommodement religieux, d'affirmation des valeurs de la société québécoise ainsi que du caractère laïque des institutions de l'État (Charter of Quebec Values) previously discussed on Slaw.

 1. The solution for making legal services again available at reasonable cost is to enable CanLII[1] to be the necessary national support service. This requires CanLII be able to provide the support services that are provided by the LAO LAW division of Legal Aid Ontario (LAO) to Ontario lawyers in private practice who do legal aid cases. LAO LAW is a centralized legal research service.[2] As its first Director of Research, beginning in July 1979, I developed its technology of centralized legal research, which involves specialization as an on-going process in regard to: (1) its research lawyers; (2) . . . [more]

The Chief Electoral Officer (CEO) of Ontario recently published a report on ‘alternative voting technologies’, mainly ‘network voting’ by Internet or telephone. The Election Act had been amended in 2010 to require such a study. His conclusion, somewhat controversial, is that no election technology currently exists that can satisfy the criteria that his team decided should apply to any such system before it could be implemented.

The stated criteria are a helpful base line for considering the use of voting technologies. No authoritative list could be found, so after study, the list was created. Most people who have commented . . . [more]

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.

Natural Resource Jurisdiction in Canada
Dwight Newman
Toronto: LexisNexis Canada, 2013

Excerpt from Chapter 4 Devolution of Jurisdiction to the Northern Territories

In various areas of natural resource jurisdiction, a problem that can exist is that case law developed in very different contexts — without any contemplation of the effects on natural resource . . . [more]