One of our current cases deals with a question that is critical to everyone in the waste business: can biased sampling make a waste “hazardous”?

Approvals typically require waste management companies to manage wastes based on “representative samples”. Thirty years of guidance documents, and several cases, have also held that waste must be characterized as hazardous, or not, based on “representative samples”. The US Environmental Protection Agency noted, since 1986, that inaccurate and imprecise sampling can cause a solid waste to be inappropriately judged hazardous.

The Ministry of the Environment, like the US EPA, defines “representative sample” as . . . [more]

Earlier today I followed from afar the US Library of Congress launch of the new Congress.gov, which is still in beta. As we watch the new site develop, we can also begin our good-byes to THOMAS, which, it was confirmed today, will be replaced. Andrew Weber of the Law Library of Congress posted the news – about the new Congress.gov and the eventual demise of THOMAS – at that institution’s blog, In Custodia Legis:

Today also marks the first public announcement of the eventual end of THOMAS. It isn’t going away today or tomorrow, but sometime in the

Read this endorsement released today by the Ontario Court of Appeal.

Para. [2] sent me searching.

The background to [2] is here.

Read the first 6 paras., and para. 24, in the 13th case in the chronological listing. It’s 2008 CanLII 27483. I’ve chosen to not link to it.

Perhaps this case – and similar others which some of us have been on the wrong side of – is some answer to the question posed here.

When you see the list, and read the case, you might get an idea why I’ve framed this posting the way I . . . [more]

We are delighted to join SLAW as your two feminist legal practitioners. We wear multiple hats with pride: we are small business owners, small practitioners, staunch feminists, young lawyers, and queer women. We stand in solidarity with sex workers, keen and questioning law students, community activists, brave women who survive trauma and are stronger for it, harm reductionists, transfolk, people of colour, contrarians, and people who speak frankly about the deficiencies in the composition and conventions of our legal system. We like all of these people’s voices to be heard, more so than what is traditionally allowed in the practice . . . [more]

Here are the three most-consulted English-language cases on CanLII for the week of September 8 – 16.

♨ 1. R. v. Petrovic 2012 ONCJ 562

[1] Under Certificate of Offence no. 1260-7327319A. the defendant, Bozo Petrovic stands charged that he on the 19th day of August, 2011 at 2:15 p.m., at northbound Appleby Line at Dundas Street, in the City of Burlington, “did commit the offence of drive motor vehicle while operating a handheld communication device, contrary to the Highway Traffic Act, section 78.1(1)”.

♨ 2. St. Lewis v. Rancourt 2012 ONSC 5053

[1] This is a continuance of the

Every so often I feel free to post about things that have no direct connection to law but that are likely to interest our readers because they’re tech- or research-related. Herewith three such things (the last of which, I confess, is merely delightful):

1. All the News

Incredibly, Brewster Kahle, that rare person with a vision large enough to run around in, has negotiated arrangements that let him, in the words of the New York Times story, put online at his Internet Archive:

every morsel of news produced in the last three years by 20 different [TV] channels, encompassing

Last week Jennifer Stoddart, the Privacy Commissioner of Canada, spoke at an IT.Can teleconference about online behavioural advertising. Online behavioural advertising means tracking and targeting of individuals’ web activities, across sites and over time, in order to serve advertisements that are tailored to those individuals’ inferred interests. One point she made that I found interesting was about children.

Some countries have laws that specify how children under a certain age are to be treated online including what can be directed to them, and when parental consent is needed. That does not exist here. 

The Commisioner’s approach is that if . . . [more]

I worked for several years as in-house counsel helping develop title insurance in western Canada. When I joined Assist (Alberta Lawyers’ Assistance Society), an organization whose purpose is to help lawyers with personal problems, a colleague commented, (tongue-in-cheek) that I would still be providing lawyers something they think they don’t need. As Executive Director of Assist, it has been my experience that lawyers are increasingly aware of the importance of seeking help for personal problems and before problems turn into crisis.

Assist has been focussed on increasing awareness in the hope every lawyer knows that there are free, professional and . . . [more]

♫ Wake me up before you go-go
‘Cause I’m not plannin’ on going solo…♫

Lyrics and Music by George Michael, recorded by Wham!

There is much talk about the cloud these days and the innovation that it offers to lawyers and law firms. Well ioSafe, the manufacturer of secure, hardened hard drives (that are used in law offices and elsewhere) have announced an innovative way to bring their latest product to market.

First this new product: It is “A fireproof waterproof NAS/RAID – like an aircraft black box for data on your network – protect pictures, videos and . . . [more]

Slaw is pleased indeed to tell you that Karin Galldin and Leslie Robertson are joining us as regular bloggers. They’ll be writing together, so each of their entries will be in their joint names.

Karin and Leslie are partners in a feminist Ottawa law firm, Galldin Robertson. Karin’s practice comprises civil litigation, human rights, and plaintiff-side employment law; and she is particularly interested in using tort and human rights law to strengthen institutional responsibilities towards women’s security, as well as that of other historically marginalized groups. Karin believes strongly in mentoring young women in the legal profession, and in . . . [more]

Canada is a good place to do business. That is the news with today’s release of the Fraser Institute’s Economic Freedom of the World: 2012 Annual Report.

The Executive Summary is an interesting read. As you might expect, one of the five broad areas used to construct the measurement is the legal system and property rights. Though we outranked the US in many categories, our index under legal system and property rights is considerably below the US, with that particular gap widening since the 2005 report. This chart in the National Post shows the comparison. The connection between the . . . [more]

Slawers, take note! The Canadian Forum on Court Technology, a two-day conference held every second year in Canada, is coming to Montreal at the Hyatt Regency on October 24th and 25th with an excellent program, great speakers and a variety of court technology stakeholders in attendance.

If you haven’t done so yet, please mark your calendars; you can also register online! I look forward to meeting you there in person,

Patrick Cormier
CEO CCCT-CCTJ . . . [more]