Society


Posts filtered by tags: Canada[x]


 

"I am not a drug smuggler. I came to China as a tourist."

Said Robert Lloyd Schellenberg, quoted in "Canadian's death sentence in China 'horrific', family says" (BBC).Following Schellenberg's death sentence, Canada has updated its travel advice for China, urging citizens to "exercise a high degree of caution due to the risk of arbitrary enforcement of local laws"...."It is of extreme concern to us as a government, as it should be to all our international friends and allies, that China has chosen to begin to arbitrarily apply the death penalty," [said C...
Tags: Law, Australia, Drugs, China, Bbc, Canada, Death Penalty, Justin Trudeau, Schellenberg, Ann Althouse, Robert Lloyd Schellenberg


Frank v. Canada (Attorney General): Renewing Voting Rights

In its first major decision of 2019, the Supreme Court of Canada has held that Canadian citizens who have been residing outside Canada for at least five consecutive years are entitled to vote in federal elections, contrary to provisions in the Canada Election Act. Although the prohibition was first enacted in 1993, until 2007 Canadians living abroad could reestablish the connection considered necessary to vote — and begin to recount their five years — by returning from time to time; however, as ...
Tags: Supreme Court, Law, Canada, House Of Commons, Westminster, Parliament, Frank, Supreme Court of Canada, Ontario Superior Court, Rowe, SCC, Case Comment, Court of Appeal The Supreme Court of Canada, Withler, Supreme Court of Canada Equality Jurisprudence


For Want of a Distinction: The Copyright Act and the York University Appeal

A year ago in this blog , I addressed York University’s appeal of the federal court’s decision against its clams to “fair dealing” in its instructors’ reproduction of course materials in Canadian Copyright Licensing Agency (CCLA) v. York University . I am returning to this case, even as the appeal proceeds, because I’ve begun to think that it reveals the extent to which the Copyright Act is currently unable to serve both party’s legitimate rights and interests. Judge Michael L. Phelan’s ruling...
Tags: Law, Canada, Paris, Intellectual Property, Margaret Atwood, York, Phelan, York University, Legal Publishing, Margaret MacMillan, CCLA, Michael L Phelan, York University Appeal, Canadian Copyright Licensing Agency CCLA, Northrop Frye, Michael Dobner


Monday’s Mix

Each Monday we present brief excerpts of recent posts from five of Canada’s award­-winning legal blogs chosen at random* from more than 80 recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible. This week the randomly selected blogs are 1. Doorey’s Workplace Law Blog 2. Michael Spratt 3. Erin Cowling 4. Know How 5. Michael Geist Doorey’s Workplace Law Blog Heller v. Uber: Some Thoughts from Ontario on Uber’s Arbitration Clau...
Tags: Uber, Law, Court, Canada, OECD, Telus, Ontario, Ontario Court of Appeal, Heller, Michael Geist, Uber Technologies, Organization for Economic Co, Monday’s Mix, Doorey, Erin Cowling, Michael Spratt


Summaries Sunday: SOQUIJ

Every week we present the summary of a decision handed down by a Québec court provided to us by SOQUIJ and considered to be of interest to our readers throughout Canada. SOQUIJ is attached to the Québec Department of Justice and collects, analyzes, enriches, and disseminates legal information in Québec. CONSTITUTIONNEL (DROIT) : En l’absence d’un objet de droit criminel, on doit conclure que la Loi sur la non-discrimination génétique édictée par les articles 1 à 7 de la Loi visant à interdire et...
Tags: Law, Canada, Robert, Canadiens, Summaries Sunday, SOQUIJ, Québec Department of Justice, Marie France Bich Dominique Bélanger Manon Savard


A month after the statutory restoration of expat Canadians' voting rights, Supreme Court says taking those rights away was illegal

In 2015, Stephen Harper's Tory government began enforcing a 1993 law that stripped expatriate citizens like me of our right to vote in Canada; last month, Justin Trudeau's Liberal government restored our voting rights. But it turns out that the Liberals' action was largely symbolic: yesterday, the Supreme Court of Canada broke with precedent and eroded Parliament's control over elections administration, ruling that the government had violated our constitutional rights by taking away our rig...
Tags: Post, News, Supreme Court, Law, Canada, Stephen Harper, Parliament, Expats, Justin Trudeau, Voting Rights, Wagner, Supreme Court of Canada, Richard Wagner, SCC, Elections Canada, Voter Suppression


Patent File Wrapper Estoppel Comes to Canada

In a move that surprised many in the IP community, a budget bill that received royal assent before the holidays, introduced file wrapper estoppel to Canadian patent law. Bill C-86 (link) included a number of changes to intellectual property legislation including enacting the College of Patent Agents and Trade-mark Agents Act, reforming the Copyright Board, and numerous amendments to the Patent Act, Trade-marks Act and Copyright Act. One of the changes to the Patent Act, allows for the patent fil...
Tags: UK, Supreme Court, Law, US, Canada, United States, Intellectual Property, US supreme court, Patent Office, Locke, SG, Eli Lilly Co, Neuberger, Pollard Banknote Limited, Babn Technologies Corp, Copyright Board


British Columbia Employment Standards Reforms Coming

On December 10, 2018, the British Columbia Law Institute (BCLI) released its final report on the Employment Standards Act review mandated by the government. BC’s labour minister is pledging action in 2019 to implement certain of the 71 recommendations found in the BCLI final report. Background In 2014, the British Columbia government initiated a three-year review of the Employment Standards Act to examine if employment legislation has kept up with the recent boom in precarious work, and to impro...
Tags: Law, Esa, Canada, Employment law, Council, British Columbia, Columbia, Ontario, Recommendation, Minority, Practice Of Law, Substantive Law: Legislation, Practice of Law: Practice Management, Substantive Law, Columbia Law Institute BCLI, British Columbia Employment Standards Act


Thoughts on Advanced Directives for Assisted Dying

The enactment of Canada’s medically assisted dying legislation in June 2017 left three areas in particular outstanding: whether mature minors could seek a medically assisted death, whether medically assisted death would be available when the reason for seeking it is mental illness and whether an individual could provide for an advance directive for a medically assisted death when they were no longer able to consent. Here I make some remarks about advance directives, using the report from the Co...
Tags: Law, Miscellaneous, Canada, Belgium, Luxembourg, Ontario, Carter, CCA, Working Group, SDM, Special Joint Committee, Council of Canadian Academies CCA, Elders Circle


Unnamed corporation seeks to file petition for review in grand jury dispute (UPDATED)

UPDATE: Just a few hours after the unnamed corporation appealed to the Supreme Court, the justices denied the company’s request to put the lower court’s order requiring it to provide the information or pay penalties on hold. The justices also vacated the temporary stay that Chief Justice John Roberts had imposed on December 23. There were no recorded dissents from the order, and no explanation for the ruling. However, one factor in the decision whether to grant such a request is whether there is...
Tags: Featured, Supreme Court, Law, Canada, John Roberts, D C Circuit, Howe, Guantanamo Bay Cuba, National Law Journal, Robert Mueller, Tony Mauro, What's Happening Now, Djamel Ameziane


Patently-O Bits and Bytes by Juvan Bonni

Recent Headlines in the IP World: Jörn Poltz and Stephen Nellis: Apple to Pull Some iPhones in Germany as Qualcomm Extends Global Wins (Source: Reuters) Srividya Kalyanaraman: Endeavor Robotics Sues Defense Tech Major QinetiQ over Patent Infringement (Source: BostInno) Sajan C Kumar: Triangular Contest: TCS, Wipro & Tech Mahindra in Race for Job to Spruce up Patent Processing System (Source: Financial Express) Sebastian Blanco: Tesla Patent Application Mentions Augmented Reality Safety Glass...
Tags: Law, Germany, Canada, Uspto, Chevron, Qualcomm, Patent, Reuters, Financial Post, Malathi Nayak, David Boundy, Stephen Nellis, Sebastian Blanco, Matal, Aqua Products, Juvan Bonni


Monday’s Mix

Each Monday we present brief excerpts of recent posts from five of Canada’s award­-winning legal blogs chosen at random* from more than 80 recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible. This week the randomly selected blogs are 1. Kate Dewhirst 2. Administrative Law Matters 3. Vancouver Immigration Law Blog 4. Condo Adviser 5. Great LEXpectations Kate Dewhirst Health Privacy Update: Annual Statistical Report Portal ...
Tags: Law, European Union, Canada, Equality, Ontario, Manitoba, Monday’s Mix, Workplace Relations Commission, Kate Dewhirst, Great LEXpectations Kate Dewhirst Health, IRPR, Tracey L Epp Pitblado


The Guardian view on Saudi Arabia’s jailed activists: let them go | Editorial

The Saudi regime locks up and tortures campaigners who advocate reforms it agrees with. This needs to stopSaudi Arabia, the world’s largest oil exporter, has arguably the worst record in the world when it comes to religious freedom, civil liberties and women’s rights. This would not have changed much if the kingdom’s 82-year-old monarch, Salman bin Abdulaziz Al Saud, seen as a conservative figure, was in charge. However, the king is decrepit and does not run the country. Since he ascended to the...
Tags: Politics, Human Rights, Law, Washington Post, Saudi Arabia, Women, World news, Canada, Middle East and North Africa, Foreign Policy, Feminism, Harry, Istanbul, Mohammed, King Salman, Riyadh


China thinks it can arbitrarily detain anyone. It is time for change | Michael Caster

The lack of global outcry over the detention of two Canadians virtually guarantees the next such caseCanada’s foreign minister, Chrystia Freeland, has called China’s detention of Canadian citizens Michael Kovrig and Michael Spavor a “worrying precedent” but for many China watchers it is all too familiar.It reminds us of the detentions of other foreign citizens, such as Canadian Kevin Garratt, Briton Peter Humphrey, Sweden’s Gui Minhai, or Taiwanese Lee Ming-che, and that over the years China has...
Tags: Human Rights, Sweden, Law, China, Americas, Canada, Asia Pacific, Gui Minhai, Chrystia Freeland, Michael Spavor, Lee Ming, Michael Caster, Michael Kovrig, Kevin Garratt Briton Peter Humphrey


China thinks it can arbitrarily detain anyone. It is time for change

The lack of global outcry over the detention of two Canadians virtually guarantees the next such caseCanada’s foreign minister, Chrystia Freeland, has called China’s detention of Canadian citizens Michael Kovrig and Michael Spavor a “worrying precedent” but for many China watchers it is all too familiar.It reminds us of the detentions of other foreign citizens, such as Canadian Kevin Garratt, Briton Peter Humphrey, Sweden’s Gui Minhai, or Taiwanese Lee Ming-che, and that over the years China has...
Tags: Human Rights, Sweden, Law, China, Americas, Canada, Asia Pacific, Gui Minhai, Chrystia Freeland, Michael Spavor, Lee Ming, Michael Kovrig, Kevin Garratt Briton Peter Humphrey


2018 Clawbies and a Story About Omar

The 13th Canadian Law Blog Awards were announced this past Monday. If you haven’t done so already, please head on over to the Clawbies website to see our full list of winners. I can tell you that this year’s Fodden Award for the “Best Canadian Law Blog” went to Michael Spratt and Emilie Taman’s groundbreaking podcast The Docket; and, that the three best new blogs were Moly Law, Juriblogue, and ; and, the best Law Library Blog went to a former Slaw writer, David Whelan (O’Faolain). [A side not...
Tags: Law, Russia, David, Canada, Announcements, Simon, Omar, Slaw, Sarah Sutherland, Michael Spratt, Clawbie, Emilie Taman, Clawbies, Law Library Blog, David Whelan O'Faolain, Omar Years


That Awkward Moment When You Find Out You And Your Twin Sister Are Not Citizens Of Any Country

The girls are stateless thanks to unfriendly rules regarding automatic citizenship were changed in 2015.
Tags: Law, Immigration, Canada, Family law, Kenya, Surrogacy, Ellen Trachman, Assisted Reproductive Technology (ART, Joseph Tito


Japan protects artists with new 70 year Copyright laws

Japan have updated their copyright laws to protect intellectual property for up to 70 years following agreements with countries around the world. Japan have updated their copyright law to extend the copyright protection period from 50 years to 70 years in the country. The bill was passed through their National Diet legislature houses on June 29th, 2018 and the law went into effect on the 30th December to protect creator’s content for a longer period of time. It’s not clear what this will mean ...
Tags: Tpp, Music, Japan, Laws, Entertainment, Law, Mexico, US, IP, Copyright, Canada, Creators, Artists, Musicians, Protection, Parliament


What Is the Mandate of the Law Society?

The Law Society of Ontario has a duty to maintain and advance the cause of justice and the rule of law[1]. Does that mean that the Law Society is empowered to intervene in private litigation in order to advance the cause of justice? Is the Law Society is entitled to involve itself in judicial review cases where it is alleged that another administrative body has acted outside of its jurisdiction, or for improper purposes, in breach of the rule of law principle? The Law Society has a duty to act s...
Tags: Justice, Law, Society, Green, Canada, Court of appeal, Lgbtq, Legal Ethics, Ontario, Dunsmuir, Legislature, United Way, Blair, Ontario Health, Regina, Supreme Court of Canada


Looking Ahead…if Only!

I never make “New Year’s resolutions” — I’m too old to think that they will come to fruition — but I have decided to identify five “wishes’ I have for Ontario and Canada more broadly in 2019: 1. stop all the studies and take action re A2J; 2. provide lessons to the premier about what the rule of law means; 3. allow advance directives for medically assisted deaths; 4. don’t diminish existing protection for children and youth; 5. revise the new Law Society of Ontario logo without too much delay. ...
Tags: Law, Miscellaneous, Canada, Bill, Ontario, Law Society, LSO, Doug Ferguson, Law Commission of Ontario, Law Society of Ontario, Downtown Legal Services, Provincial Advocate


Why are auto insurance premiums so high?

In Canada, premiums differ considerably from province to province: in 2018, Quebec had the lowest premiums, while British Columbia and Ontario topped the list. Find out why -- and how you can help to reduce your premiums -- in my story at the National Post. [Author: Jil McIntosh]
Tags: Insurance, Canada, Autos, Quebec, British Columbia, Ontario, National Post, Jil McIntosh


Monday’s Mix

Each Monday we present brief excerpts of recent posts from five of Canada’s award­-winning legal blogs chosen at random* from more than 80 recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible. This week the randomly selected blogs are 1. Timely Disclosure 2. Official Clio Blog 3. Susan On The Soapbox 4. Global Workplace Insider 5. Canadian Class Actions Monitor Timely Disclosure The Big MAC: Affirmed Days ago, the Supreme ...
Tags: Mac, Law, Canada, William Shakespeare, Alberta, Delaware, Ontario, Federal Court, Susan, Delaware Court of Chancery, Jason Kenney, Akorn, Monday’s Mix, Supreme Court of the State, Akorn Inc, Global Workplace Insider


The Big 3 Legal Issues for 2019

There are lots of legal topics that will likely make headlines in 2019, but here are my top 3 pick for hot or important legal issues in the new year: Cannabis-related litigation will abound.The much anticipated legislation for marijuana legalization was already delayed by punting back and forth by the Senate. Implementation in Ontario was further hampered by restrictions on sales and distribution issues due to the postal strike. Most cannabis in Ontario is currently still sourced illegally. The...
Tags: Europe, Law, Senate, Canada, Ontario, Justice Issues


Medical roundup

No, the federal court ruling in Texas isn’t likely to take down the Affordable Care Act / ObamaCare [Ilya Shapiro] Should doctors exhort their patients to vote? Hell, no [Wesley J. Smith] “Accutane Litigation Goes Out with a Bang, Not a Whimper” [James Beck, Drug & Device Law] “The Worst Prescription Drug/Medical Device Decisions of 2018” [same] Proposal for price controls on Medicare Part B might amount to drug reimportation lite [Roger Pilon] Canadian reimportation as shiny object [B...
Tags: Texas, Law, Obamacare, Medical, Uncategorized, Beck, Canada, Medicare, Fda, Pharmaceuticals, European Medicines Agency, Gottlieb, Wesley J Smith, Roger Pilon, Ilya Shapiro, Opioids


J. Walter Thompson Canada Creates a Drinkable Trend Report for the Holidays

Throughout 2018, JWT Canada noticed the popular phrase "spilling the tea" being used more frequently to describe when someone gives you the lowdown on the hottest gossip or trends. The agency decided to wrap up the year by warming clients up with its take on the year's most important trends and what they mean for the industry. Trends explored included: the power of Sonic Branding, 3D Art and its influence on social media, the redefining of motherhood, online retailers investing in bricks and mor...
Tags: Hollywood, Advertising, Society, Netflix, Canada, Art and design, Serena Williams, Yayoi Kusama, Kusama, J. Walter Thompson, Wild Wild West, Ali Wong, Gloria J, IRL Amazon, JWT Canada


Lessons From Cannabis Law

Cannabis law is taking the legal profession by storm. Look at the websites of top national firms, of mid-size firms, of small boutiques and of sole practitioners. It seems everyone is practicing cannabis law. Or at least claiming to. This development has not been evolutionary; it has been revolutionary. Five years ago, cannabis law was the domain of a few criminal defence lawyers, some activist lawyers and the bold willing to do work for clients in the small medical marijuana field. Cannabis law...
Tags: Law, Canada, University of Ottawa, WordPerfect, Legal Education, Thomson Reuters Canada, Diane Labelle, Bruce MacFarlane Robert J Frater, Croft Michaelson


Book Review: Responding to Human Trafficking: Dispossession, Colonial Violence, and Resistance Among Indigenous and Racialized Women

Several times each month, we are pleased to republish a recent book review from the Canadian Law Library Review (CLLR). CLLR is the official journal of the Canadian Association of Law Libraries (CALL/ACBD), and its reviews cover both practice-oriented and academic publications related to the law. Responding to Human Trafficking: Dispossession, Colonial Violence, and Resistance among Indigenous and Racialized Women. By Julie Kaye. Toronto: University of Toronto Press, 2017. xxii, 279 p. Includes ...
Tags: Law, Book Reviews, Canada, University of Saskatchewan, Kaye, Department of Sociology, University of Toronto Press, Vancouver Calgary, Canadian Law Library Review, Canadian Association of Law Libraries, Angela Gibson, Julie Kaye Toronto, Julie Kaye, Winnipeg Kaye


Monday’s Mix

Each Monday we present brief excerpts of recent posts from five of Canada’s award­-winning legal blogs chosen at random* from more than 80 recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible. This week the randomly selected blogs are 1. Legal Post Blog 2. Susan On The Soapbox 3. Municipal Matters 4. DroitDu.Net OK 5. Michael Geist Legal Post Blog The key players in Bernie Madoff’s orbit: Ten years later, what’s become of ...
Tags: Law, Canada, William Shakespeare, OECD, Alberta, Ontario, Madoff, Susan, CRTC, Michael Geist, Bernie Madoff, Jason Kenney, Monday’s Mix, Susan On The Soapbox, Michael Geist Legal Post, Donald Trump in America Doug Ford


A Place Apart, Yet in the Community

The process of judicial appointments is probably one of the most important ways that the political branch of government affects the judicial branch. In their selection of candidates, a lawyer’s experiences and community involvement certainly should be considered in conjunction with their professional achievements. The changes to the appointment process, introduced on Oct. 20, 2016, have improved considerably the selection and diversity of these candidates, especially as compared to the track rec...
Tags: UK, Law, Toronto, Canada, United States, Middle East, Cambridge, Muslim, Court of appeal, Somalia, Council, Grant, Ethics Committee, Black, Ontario, Martin


Summaries Sunday: Supreme Advocacy

One Sunday 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, Supreme Advocacy Letter, to which you may subscribe. It’s a summary of all appeals as well as leaves to appeal granted so you will know what the SCC will soon be dealing with (November 16 to December 21, 2018 inclusive). Oral Judgments Criminal Law: DUI (Boats); Hospital Records R. v. Culotta, 2018 ONCA 665; 2018...
Tags: Law, Court, Canada, Court of appeal, Quebec, Federal Court, Michelle, Reeves, Martin, Superior Court, Sharpe, SCC, McVeigh, Lessard, Federal Court of Appeal, Gascon



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