Canada’s online legal magazine.

FSQ Reverses Turban Ban

The Quebec Soccer Federation (QSF)/ Fédération de Soccer du Québec (FSQ) has reversed its ban against turbans, relieving tensions reverberating across the country.

The move only came though after a suspension by the Canadian Soccer Association (CSA) on June 10, and a statement by on Friday by the Fédération Internationale de Football Association (FIFA) that it allowed soccer players to wear the religious headgear. Sikhs in Quebec were dismayed over being excluded from the sport, and Canadians outside of Quebec questioned the approach of the organization.

The incident served as a flash point over the issues of integration, accommodation and . . . [more]

Posted in: Justice Issues

Remedies for Racist Tweets — in France

Twitter has been ordered by French courts to reveal the names of people responsible for anti-semitic tweets (using a standard hashtag) to a number of public interest organizations. Though Twitter said it would cooperate if it received an order from the American courts acting on the request of the French courts, the Court of Appeal said it has to cooperate because the direct order of the French court.

Would such an order be made in favour of private parties here? Would the private bodies first have to begin a legal proceeding against the pseudonymous tweeters – a civil action? a . . . [more]

Posted in: Substantive Law: Foreign Law, Technology: Internet

Summaries Sunday: Maritime Law Book

Summaries of selected recent cases are provided each week to Slaw by Maritime Law Book. Every Sunday we present a precis of the latest summaries, a fuller version of which can be found on MLB-Slaw Selected Case Summaries at cases.slaw.ca.

This week’s summaries concern:
Medical malpractice / Employment and discrimination / Building contracts and sureties:

Manary v. Strban et al. 2013 ONCA 319
Medicine – Liability of practitioners – Negligence – Team leader (incl. Most Responsible Practitioner/Physician)
A pregnant woman was admitted to hospital with chest pains. On the day she was to leave the hospital she died . . . [more]

Posted in: Summaries Sunday

Summaries Sunday: Supreme Advocacy

On the second Sunday in 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. (May 8 – June 12, 2013).

APPEALS

Aboriginal . . . [more]

Posted in: Summaries Sunday

Ignorance Is Strength?

So do I need to point out that the NSA cell phone snooping story broke on the 64th anniversary of the publication of Orwell’s 1984?

By all accounts, privacy is dead, the question is do people care? Personally, I do; but I cannot deny that if you go online then you must accept that you are leaving a trail, but that does not mean that we have to exchange our love of the interwebs and mobile computing in exchange for our privacy.

I observed this comment by a friend of mine and I feel it needs to be spread more . . . [more]

Posted in: Justice Issues, Technology: Internet

Review – “Gateways to Justice: Design and Operational Guidelines for Remote Participation in Court Proceedings”

Professor Tait recently sent me a 127 pages report on the topic of court remote appearances:

Rowden, E., Wallace, A., Tait, D., Hanson, M. & Jones, D. (2013), “Gateways to Justice: design and operational guidelines for remote participation in court proceedings” (University of Western Sydney: Sydney), accessed from: http://www.uws.edu.au/justice/justice/publications

This topic is very timely across all Canadian jurisdictions. The Canadian Centre for Court Technology – Centre canadien de technologie judiciaire (“CCCT”) chose remote appearances as a topic for its White Paper in 2012 (published in January 2013 and available here), and this week, the CCCT is offering a series . . . [more]

Posted in: Practice of Law: Future of Practice

The Friday Fillip: Demonyms

I hope I don’t disappoint you when I tell you that demonyms have nothing to do with demons. (For that I’d recommend The Dictionary of Demons by Belanger.) Rather, the demo is demos, a Greek word for the people and, more significantly for the fillip, the name for a certain type of municipality in Greece. Thus a demonym is a name given to describe a person from a particular place.

Eighty-two point seven percent of the time figuring out what to call someone from somewhere is no big deal. You throw –er or –al or –ian . . . [more]

Posted in: The Friday Fillip

Legal Citation Style – a Wicked Problem in Legal Information

The lack of uptake for citation management software programs, such as Zotero, EndNote, and RefWorks, by even tech savvy legal practitioners and scholars has puzzled me for some time. The absence of these programs or similar solutions is particularly surprising when one considers the large number of vendor supplied and internally customized labour saving solutions law firms implement in the interest of repeatedly saving small amounts of time and the institution wide licences many universities have implemented to encourage their use. As I started exploring the reasons for this absence, I found that there are many issues . . . [more]

Posted in: Legal Information

Debating National Justice Care

One of the highlights of the CBA’s Envisioning Equal Justice Summit, now about six weeks ago, was a lunchtime debate on the merits or demerits, the feasability or impracticality of a national justice care system. The exchange was witty and entertaining, and solid, thoughtful, substantive arguments underlay the edgy discussion.

Beverly Spencer posted a superb summary of the debate in the CBA National Magazine’s Legal Insights & Practice Trends: Should there be a national “justice care” system in Canada?, and it is worth a read to get a flavour of the issues and arguments on either side . . . [more]

Posted in: Justice Issues, Practice of Law: Future of Practice

Dwight Opperman Dies

The name of Dwight Opperman will be familiar to older members of the Slaw community – he was the former head of the West Publishing Company, who presided over the sale of the premier US legal publishing company to Thomson.

Back in 1996 he sold West for $3.4 billion. According to Wikipedia, in 2002, Forbes 400 ranked Opperman as the 239th richest person in the United States – and I’m willing to wager that no-one else (before or since) has made quite as much out of legal publishing. He started out as the son of a railroad worker, whose . . . [more]

Posted in: Legal Information: Publishing, Miscellaneous

Hidden Treasures for Legal Research: Law Reform Commission Reports

I occasionally like to draw attention to the wealth of information that can be found in law commission reports.

When I help people with research or do a training session, I like to remind them that law reform bodies often deal with important public policy issues that are not on the government agenda but may nevertheless require critical analysis and potential reform. And judges who often need to address difficult or novel legal issues do refer to law reform publications in their judgments [a simple caselaw search in CanLII for the expression “law reform commission” produces close to 1700 . . . [more]

Posted in: Legal Information: Libraries & Research

LSUC Places Stubbornness Above Sensible Decision-Making

I recently wrote a post that sparked a firestorm of comments; most felt that I had overstepped myself for daring to suggest that the Law Society of Upper Canada ignores obvious conflicts in connection with its operations. This week we have another LSUC conflict issue.

Canadian Lawyer Magazine has reported on the ongoing proceedings between LSUC and Joseph Groia. As you are aware, Joseph Groia was found guilty of misconduct by a LSUC disciplinary panel last summer and he is appealing that decision.

The panel that will hear the appeal is comprised of 5 benchers – one of which . . . [more]

Posted in: Case Comment, Justice Issues, Practice of Law, Practice of Law: Practice Management

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