Canada’s online legal magazine.

Google Keep

Google giveth and Google taketh away. The most recent taking was, of course, the wildly popular Google Reader. And the new gift today is Google Keep, a kind of reprise of the older (and discontinued) Google Notebook.

Keep was announced today on the Official Blog. If you’ve got an Android device you can give it a whirl — let us know what you think. The rest of us will have to wait until Google fulfils its promise to make it accessible via Google Drive.

The woods are full of notetaking apps, the most prominent perhaps being Evernote. It’s going . . . [more]

Posted in: Announcements, Miscellaneous, Technology: Internet

More Teachables About Sexual Assault

Last week we authored a post about rape culture, using the recent incident between Sarah Thomson and Rob Ford as an illustration of commonly held myths about sexual assault. We received a variety of comments, some of which deserve further discussion.

One commentator admonished us, as practicing lawyers, for making a determination of Mr. Ford’s culpability without his having been charged criminally. That same commentator argued that Mr. Ford is “entitled to the presumption of innocence” and that he “IS innocent until proven guilty.” Right. Ok, so first of all, a person can be found to have committed the tort . . . [more]

Posted in: Justice Issues

Cloud Storage, Privacy, and Megaupload

The ongoing Megaupload case is a controversial lightning rod case for issues on cloud storage, privacy and copyright. Megaupload basically ran a file storage and viewing service. The US Department of justice shut them down, seized assets, and launched criminal prosecutions alleging that it is an organization dedicated to copyright infringement. 

Ben Schorr mentioned the case on Slaw recently, starting with the comment that “One thing has become clear in the last few months: Hollywood has declared war on the Internet.”

Wikipedia summarizes the situation well, and points out that:

Techdirt argued that while the founder of Megaupload had a . . . [more]

Posted in: Technology, Technology: Internet

Notes From the Road to Access to Justice

There are many roads to enhancing access to justice across Canada and I have been fortunate to travel several of these via involvement with Manitoba organizations like Legal Aid Manitoba, Community Legal Education Association, Fort Garry Women’s Resource Centre and Legal Help Centre of Winnipeg. Government funded legal aid, public legal information and education programs, and free legal advice services are all essential routes to providing broad-based access to justice.

Another route to access to justice runs straight through our law schools. For the past several years, I have had the privilege to work with law students . . . [more]

Posted in: Education & Training: Law Schools, Justice Issues

Wednesday: What’s Hot on CanLII

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 the week of March 12 to 19:

  1. R. v. Pham 2013 SCC 15

    [1] The central issue in this appeal is whether a sentence otherwise falling within the range of fit sentences can be varied by an appellate court on the basis that the offender would face collateral consequences under the Immigration and Refugee Protection Act, S.C. 2001, c. 27 (“IRPA”), s. 64, that were not

. . . [more]
Posted in: Wednesday: What's Hot on CanLII

Firebug, JQuery and Kludge

Have you had a good look at what’s been coming into your browser lately? I was moved to do so recently when Michael Geist posted (March 7, 2013), on his blog (michaelgeist.ca), “Forget Fair Dealing: National Post Seeks $150 To License Short Excerpts”. The title pretty much tells the story. Prof. Geist was surprised to be asked for money when he used his mouse to highlight some text in the article by Chris Selley, “Full Pundit: You can’t say that in Canada” (nationalpost.com). On March 12, 2013, Prof. Geist posted a followup, “National Post Appears to . . . [more]

Posted in: Legal Technology

EU Goes for ODR

The European Union is adopting regulations on alternative dispute resolution (ADR) and online dispute resolution (ODR), according to a press release and associated documents, including a draft ODR regulation. This is aimed at consumer e-commerce in particular.

I have not yet found in the documents answers to some questions that occur to me off the cuff. (The answers may be in there somewhere – feel free to provide via comments.)

  • Who pays? It appears to be taxpayer-funded, rather than relying on user fees. There is mention of a cost of 4.6 million Euros (annually?).
  • What law applies? This list
. . . [more]
Posted in: Practice of Law, Substantive Law: Foreign Law, ulc_ecomm_list

Stumped by “Organized Pseudolegal Commercial Argument”? What ABQB Chief Justice Rooke Wants From You

Among the top ten cases (decided in ANY year) accessed on CanLII in 2012 was an Alberta Queen’s Bench decision granting a routine motion to appoint a case management justice in a family proceeding. The written reasons in Meads v. Meads (2012 ABQB 571 (CanLII)), however, took 736 paragraphs, and the decision seems destined to become a Canadian classic.

In his reasons appointing himself as the case manager, Chief Justice J.D. Rooke undertook a meticulous categorization and analysis of several iterations of what he labeled “organized pseudolegal commercial argument” (OPCA). Apparently, litigants who favour these litigation strategies have plagued Canadian . . . [more]

Posted in: Reading: Recommended

Reconsidering Citation Rules for Statutes

I was recently alerted to Louis Mirando’s post on the Osgoode Hall Law School Library Blog regarding the addition of the Revised Statutes of Canada to HeinOnline’s collection. I was struck by his comment that “now that there is a continuing consolidation of federal laws available online on the Dept. of Justice Justice Laws Website, there will never be another revision of the Statutes of Canada in print.” While I had long ago realized that revised statutes would no longer be a priority (if they ever were!) for either level of government with the move to online, continuously . . . [more]

Posted in: Legal Information

The Loyalty Policy at Library and Archives Canada

There’s been something of a fuss in the media in the last couple of days concerning a relatively new, or newly explicit, Code of Conduct at Library and Archives Canada that’s said to create the possibility of “muzzling” librarians or of their being snitched on if too outspoken. (See the story in the National Post and the buzz on Twitter.)

I thought Slaw readers might be interested in the fact that the whole Code of Conduct is available on Scribd. The most often mentioned portion is section 3.2.2 Duty of Loyalty:

3.2.2 Duty of loyalty

Employment in the

. . . [more]
Posted in: Justice Issues, Miscellaneous

Google Reader Woes

By now everyone who uses Google Reader has seen the news – this tool has been given its crash papers. TechCrunch’s headline Good Riddance, Google Reader broke my heart, and judging by the comments, the hearts of others as well. Perhaps I have a secret aversion to change – wait a minute, no, I definitely don’t.

Like many others, I moved to Google Reader in 2009 when Newsgator decided to discontinue its online application. Since then, my library team and I have used Reader to select and aggregate information from feeds in a number of areas for our practice groups. . . . [more]

Posted in: Technology: Internet

Are You Worthy Enough?

Over the last week, several colleagues had outlined how they had felt disconnected from their law firms at various times. One lawyer described her difficulty in getting someone to explain billing practices at a new firm. In a nutshell, she didn’t feel she could ask someone to explain billing practices because they couldn’t bill for giving the explanation. Other lawyers described similar catch-22s and illogical situations which left them feeling disconnected and at arm’s length from their work environment.

A recent Harvard Business Review blog post by Mitch Joel (Six Pixels of Separation) talks about unlocking new ways . . . [more]

Posted in: Miscellaneous, Reading

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This project has been made possible in part by the Government of Canada | Ce projet a été rendu possible en partie grâce au gouvernement du Canada