Access to justice issues in the Canadian civil justice system are often framed around affordability, geography, and the quality of service provision. Affordability is most often linked to the high costs of privately provided legal services and the underfunding of legal aid. Geography has recently been shown to be relevant in major studies in Alberta and Ontario, one by the Canadian Forum on Civil Justice, the other by the Ontario Civil Legal Needs Project. Both emphasized that lawyers and paralegals are overwhelming concentrated in large urban centres. The quality of public service provision has been an issue in the case . . . [more]

The public library is a wonderful spot for information, entertainment, socializing, technology, education and more. Have you ever wondered about the actual value of your library to you? Perhaps impossible to translate into dollars and cents, however I recommend you try the library use value calculator to see how much it predicts you would be paying out -of-pocket for your library services. It would be interesting to see a similar calculator for law libraries. . . . [more]

I have always loved law reform commission reports. They are great sources for legal research. Many of the reports provide historical background on an issue and you can often find comparative information about how other jurisdictions have responded to a legal problem.

My highlights from the fall of 2011:

• Of course, the great news is that all of the reports of the former Ontario Law Reform Commission have been digitized (as reported December 12 right here on Slaw)
• The British Columbia Law Institute (BCLI) is launching a two-year project to consider reforms to judge-made rules governing when a person is

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

1. Comment Watch:

In the last week there were 44 comments. You might be particularly interested in these:

• The exchange between Gary Rodrigues and Simon Chester concerning Geneviève Lay’s post, “Language Rights Issues Returning to the Supreme Court?”
• the comment by CanLII President, Colin Lachance, expanding a little on what sort of numbers it takes to be a popular case on CanLII.

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

We have discussed Arizona’s controversial new anti-immigration measures several times on Slaw (e.g., here, here and here). Besides appearing to discriminate against various groups, the measures conflict with federal immigration laws and policies. Well, the saga is not yet over. On December 12, 2011, the New York Times announced that the United States Supreme Court agreed to decide whether Arizona may impose such tough anti-immigration measures. The measures include:

• Requiring police officers to determine the immigration status of people they stop for a violation of any law if the officers think the persons are in the country illegally

On December 7, 2011, Bill 28, The Registered Human Resources Professionals Association Act, 2011 was reintroduced in the Ontario Legislature (formerly Bill 138). This time, by representatives from all three political parties: David Zimmer, MPP, Christine Elliott, MPP and Michael Prue, MPP. The aim of the Bill remains to create a new public act governing HRPA and its members making the HRPA a true regulatory body much like those governing accountants and lawyers. We examined the previous Bill (which is similar to the new Bill) on Slaw here.

The Bill would repeal the Human Resources Professionals Association of Ontario . . . [more]

This scenario will be familiar to any marketing staffer in a large law firm: the phone rings and it’s someone asking why you haven’t sent them the firm logo for their program. You have no idea what they’re talking about, but apparently your firm is sponsoring their upcoming event and if you want your contribution acknowledged, they need your logo ASAP.

After wasting your morning trying to track down who initiated this sponsorship, you discover that it was booked three months ago by a partner in the firm. Many of the benefits in the sponsorship package have passed, except for . . . [more]

A couple of weeks ago I wrote about some of my favourite print bibliographies. Most academic law library and law society websites include some research guides or bibliographies – here are some of the ones I use the most:

Queen’s Law Library Select Bibliographies. Very comprehensive lists of Canadian materials for all of the core law school subjects. These bibliographies also lists materials from other jurisdictions.

Osgoode Hall Law Library’s Research Guides also cover many of the core subjects but tend to be more selective in their coverage which is useful to the student looking for just the key . . . [more]

Ann Cavoukian – the Ontario Privacy Commissioner – has written an excellent op-ed in the Financial Post entitled Beware of ‘Surveillance by Design’. 

It starts off with:

I feel the need to raise a growing concern regarding the lack of understanding of a key privacy issue – the ease of data linkages in an ever-increasing online world.

In this day and age of 24/7 online expanded connectivity and immediate access to digitized information, new analytic tools and algorithms now make it possible, not only to link a number with a name, but also to combine information from multiple sources,

Lexpert Magazine has just launched a blog. It’s early days yet—the blog only launched last week—so it’s hard to say how it will fare. The editorial staff (Jean Cumming, Tim Wilbur, David Dias, and Gena Smith) will do the blogging, likely filling in the “blanks” and doing follow-ups between issues of the magazine. One to follow, in any event.

Welcome to the blogosphere Lexpert. . . . [more]

Third party assurance reports have become an integral part of outsourcing transactions: they represent an auditor’s report on the controls in place at a service provider that impact a customer’s financial reporting. In this posting, I want to look at the new Canadian standard, CSAE 3416. Before doing so however, I want to consider third party assurance reporting in more detail.

Third Party Assurance Reporting

Third party assurance reports relate to the control objectives and controls established by a service provider, i.e. it is the service provider that is responsible for the control objectives relating to its business, the specific . . . [more]

According to yesterday’s news (see here for an article from the National Post), the government of New Brunswick will be asking the Supreme Court of Canada to look into the status of its language laws as it appeals the decision of its appellate court upholding the decision of a provincial judge who excluded breath-sample evidence of a suspected impaired driver pursuant to s. 24(2) of the Canadian Charter of Human Rights and Freedoms because his language rights had been violated (see R. v. Losier, 2011 NBCA 102 (CanLII)). Indeed, in that case, a police officer only offered the . . . [more]