Canada’s online legal magazine.

Small Talk Is a Big Opportunity: How to Work a Room

Do you rank attending law firm social events right down there on the popularity scale below having a root canal? If so, you’ll identify with a young lawyer in one of my seminars. He’d been told to attend a cocktail party being given by his practice group. Here’s how the evening went: “I had to work late, so when I rushed up to the boardroom, it was full of people at least 20 years older than me. I knew no one, and everyone else seemed to know everyone.” Another lawyer shot back: “Think yourself lucky. At our client event, I . . . [more]

Posted in: Legal Marketing

U.S. Judges Report Little Juror Misuse of Social Media

Despite anecdotal evidence of jurors misbehaving when using the Internet and social media (for instance, the recent article on Slaw English Court Jails Juror Who Used Internet Search), a recent survey of members of the U.S. federal judiciary reveals that the problem appears less widespread than many assume.

The Federal Judicial Center was asked by a committee of the policy-making Judicial Conference of the United States to survey federal judges on the issue (response rate was 53%).

The results, based on the responses of 508 responding judges, indicate that detected social media use by jurors is infrequent, and that

. . . [more]
Posted in: Technology: Internet

Slaw Site News – 2012-01-26

Site news for those who read Slaw only via RSS or email

1. Comment Watch:

In the last week there were 33 comments. You might be particularly interested in these:

  • the eight comments on Simon Fodden’s “Apple’s New iBooks Author” discussing the EULA required by that software
  • the thoughtful exchange on Jamie Maclaren’s column, “A Pay or Play Proposition for Access to Justice.”
  • the enthusiastic comments on Ruth Bird’s column, “Professional Associations and Why They Matter”

You can subscribe to the comments on Slaw either as a separate matter (RSS, email) or as part of a subscription . . . [more]

Posted in: Slaw RSS Site News

Lawyers Need Law Society Libraries

I was writing a comment in response to Melanie Bueckert who pointed out that Manitoba is reviewing their law society library services, much like Nova Scotia when I realized the comment was longer than my usual Slaw post. I hope that Slaw readers will indulge me with their attention to issues facing law society libraries, especially in less populated jurisdictions.

Let me preface this post/comment by sharing that I have never worked in a law society library. As a law firm librarian, I rely on law society libraries, locally and in other jurisdictions, their services and collections, to supplement . . . [more]

Posted in: Legal Information: Libraries & Research

US Supreme Court Approves Copyright of Works in Public Domain

Globalization takes its toll. This time the toll is to be paid by Americans who want to use works that had, according to US law at the time, entered the public domain but that have been removed from that status and place back under copyright by a 1994 act of the US Congress in order to bring that country into line with the Berne Convention for the Protection of Literary and Artistic Works. As you might imagine, a number of disappointed users sued the US government, arguing that according to the intent of the Copyright and Patent Clause of . . . [more]

Posted in: Substantive Law: Foreign Law, Substantive Law: Judicial Decisions

Draft of National Standard for Psychological Health and Safety in the Workplace Released

Last year I told you about the plan to release a voluntary national standard for mentally healthy workplaces. The standard aims to help Canadian employers support the psychological health and safety of their employees by providing them with the necessary guidelines and tools to achieve measurable improvements in psychological health and safety in the workplace. A draft of the standard was released on November 1, 2011 without much coverage and a consultation period followed which ended January 6, 2012. The final Standard is expected to be published in late summer 2012.

Unfortunately, since the consultation period is over, the . . . [more]

Posted in: Miscellaneous, Substantive Law, Substantive Law: Legislation

Your Dog May Be Too Dangerous for Your Home Insurer

In recent years, many Canadian home insurers have begun asking questions about dog ownership and, depending on the breed, impose policy exclusions, charge extra premiums, or decline home insurance applicants. These insurers maintain lists of breeds they consider problematic. These are not dogs that have already bitten someone (although that would be a problem) or lack training, they are breeds that are believed to have an above-average probability of inflicting a serious bite injury.

At the top of the list is the American Pit Bull Terrier and related breeds such as the American Staffordshire. These dogs are banned in Ontario . . . [more]

Posted in: Practice of Law

It All Links, You Know

Adding to David Canton’s post this week, updating us on privacy and data protection developments, here is a release from our friend, Ontario’s Information and Privacy Commissioner, Dr. Ann Cavoukian. And an interview with Steve Paikin at TVO.

It’s NOT “just a number!” Commissioner Cavoukian warns of the ease of data linkages in an increasingly online world

TORONTO, Jan. 25, 2012 /CNW/ – Ontario’s Information and Privacy Commissioner, Dr. Ann Cavoukian, says that people’s perceptions of their privacy and anonymity online fall far short of reality. In fact, technology has evolved to the point that the seemingly unrelated . . . [more]

Posted in: Miscellaneous, Substantive Law: Legislation

Jobs “Debacle” in Québec

The latest Statistics Canada job figures have made headlines again in Québec, with the numbers showing that about 3 people are unemployed for every available job (reported the Montreal Gazette today). Some say the numbers are a “blip” others say that they are very “serious debacle“. The next quarter’s stats will tell us more. While there is much dispute as to the source of these problems, it is clear they are resulting in a very tense labour situation.

Indeed, the new year has brought much high-profile labour strife in Canada, particularly in Québec in . . . [more]

Posted in: Miscellaneous

Dear Mr. Prime Minister

The Caging of America

Why do we lock up so many people?

An excerpt, with some once (perhaps once again) Canadian content

For most privileged, professional people, the experience of confinement is a mere brush, encountered after a kid’s arrest, say. For a great many poor people in America, particularly poor black men, prison is a destination that braids through an ordinary life, much as high school and college do for rich white ones. More than half of all black men without a high-school diploma go to prison at some time in their lives. Mass incarceration on a scale almost

. . . [more]
Posted in: Miscellaneous

Privacy – 1 Step Forward, 1 Step Back

Getting the privacy balance right is not easy, from both theoretical and practical perspectives. As examples, here are some recent developments that go both ways.

Pro Privacy

  • Proposed Bill C-12 amendments to PIPEDA that would mandate privacy breach notification in certain circumstances.
  • The Ontario Court of Appeal decision in Jones v Tsige that created a tort of breach of privacy, or “intrusion upon seclusion” for intentional, offensive privacy invasions.
  • The US Supreme court decision in US v Jones that decided police need to get a warrant before attaching a GPS tracking device to a vehicle.

Anti Privacy

. . . [more]
Posted in: Substantive Law

3li_EnFr_Wordmark_W

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