By Olivia H. Gile, University of Ottawa

Canada’s Anti-Spam Legislation (“CASL”), in effect since July 1, 2014, was implemented in different phases, the last of which provides for a private right of action (“PRA”), and would have been enforceable starting July 1, 2017. However, on June 7, 2017, Innovation, Science and Economic Development Canada confirmed that the application of the provisions relating to the PRA would be suspended indefinitely. This blog will summarize the obligations imposed by CASL before dealing with the challenges raised by the final phase of adoption. Continue Reading Anti-Spam Law: changes coming (or not?)

shutterstock_634195787By Kirsten Marsh, University of Ottawa

Section 35(1) of the Constitution Act, 1982[1] protects the rights of Canada’s Aboriginal peoples: Indian (First Nation), Inuit, and Métis. While acknowledging Aboriginal rights in the text of the Constitution is a major step forward for Canada’s Aboriginal people, recognition of Aboriginal rights in practice is a separate challenge. Métis are often referred to as ‘mixed-blood’ because of their mixed Indian and European ancestry. But the Métis are as diverse as their Europeans and First Nations ancestors, each with unique history, culture, and language. Continue Reading Powley in Practice: Failing the Métis in the Maritimes

shutterstock_204697267By Olivia Gile, University of Ottawa

The Federal Court recently interpreted the undefined exemption for “journalistic purposes” under the Personal Information Protection and Electronic Documents Act (“PIPEDA”, or the “Act”’). This exemption applies to organizations that collect, use or disclose personal information for journalistic purposes only. The courts applied the exemption narrowly, and only organizations that inform the public on matters of public interest may benefit from it. Continue Reading The “Journalistic Purposes” Exemption for the Collection, Use and Disclosure of Personal Information

By Mshutterstock_511296298ark Mancini, University of New Brunswick

In late 2016, the Ontario Court of Appeal in Canada Post Corporation v Hamilton (City)[1] had an opportunity to revisit the doctrine of federal paramountcy in the context of the most exciting of subjects: community mailboxes. The case got relatively little attention, but it is an important comment on the relationship between the doctrines of pith and substance and paramountcy in the division of powers analysis. Below, I review the facts of the case, and argue that the law should have been held invalid rather than inoperable. Continue Reading The Constitution and Community Mailboxes

By Christina Iannozzi, Western Law School

shutterstock_592290617Broad policy changes to the criminal justice system at all levels have positively impacted the number of domestic violence cases in which the system can intervene. Entry into the system is victim-initiated, and it has historically been under-used. To address these problems, one of the many changes to policy and practice over the past two decades has been the introduction of specialized criminal courts. There were three main goals in the creation of domestic violence courts (“DVCs”): (i) accelerate the court process; (ii) increase victim co-operation; and (iii) deliver appropriate sentences that are in the best interests of the victims.

Continue Reading An Introduction to Domestic Violence Courts

By Simon Pelsmakher, University of Windsor

shutterstock_318715832On January 6, 2017, a horrific shooting attack occurred at Ft. Lauderdale- Hollywood International Airport, which left 5 people dead and 42 injured. Unfortunately, this incident was not a one-off event, and the US has been plagued with many such shooting attacks in recent years. As former President Obama has argued: legally, it is all too simple for these individuals to acquire the necessary weapons to carry out such attacks. The law should therefore be amended and reformed to address these challenges. Continue Reading Amending US Gun Laws – an Outsider’s Perspective

by Marc Motiejunas, Thompson Rivers University

shutterstock_521761819What is a victim fine surcharge? Well, upon being found guilty of a crime, the guilty party may be required pay a monetary fine to the court. The amount of the fine is $100 for each summary offence and $200 for each indictable offence.

This money goes towards provincial programs such as victim services and counseling programs. There is controversy in regards to the surcharge, however. Individuals convicted of crimes may be impoverished and while $100 for an offence may seem insignificant to some, this amount is often devastating to those in such a position. Continue Reading Victim Fine Surcharges

by Jillian Ohayon, McGill University

shutterstock_67783021Professor Shauna Van Praagh’s engaging teaching style and friendly personality have made her very popular amongst McGill students, and I felt that many could benefit from her insight and advice. Professor Van Praagh teaches a first-year integrated Torts course and a second-year Advanced Common Law Obligations course, as well as a legal education graduate seminar. She received both her undergraduate degree in Physiology and her Law degree from the University of Toronto, clerked for Chief Justice Dickson, obtained her Masters and Doctorate degrees from Columbia University, and has taught at McGill since 1993. I sat down with Professor Van Praagh to ask her a few questions about her law school experience and her career. Continue Reading Interview with McGill Law Professor Shauna Van Praagh

By Christina Iannozzi, Western Law School

shutterstock_444295678In Johnstone[1], the Federal Court of Appeal confirmed that federal employees are protected from discrimination on the basis of family status, which includes not only the status of being a parent, but also the parental obligations that flow from being a parent, such as childcare. One of the potential applications of Johnstone is to analogous arguments which can be made by employees claiming accommodation for eldercare. As the number of seniors in Ontario is expected to double to more than four million by 2041, there will be an increased need for eldercare.[2] Given the country’s aging population, employee requests for accommodation by way of absences or modifications to their working day to allow for eldercare responsibilities are already becoming more common. Continue Reading Family Status Discrimination: The Never-ending Story

By Arie van Wijngaarden, University of Toronto Faculty of Law

Arie Article

Law students often talk excitedly about “joining the profession”.  What many do not realize is that law is also a business.  One of the most significant business trends in the past 20 years has been the development of Business Process Outsourcing (BPO).[1]  BPO transformed the way large enterprises work.  Instead of doing tasks such as payroll, call centre management or human resources management themselves, companies now rely on a network of suppliers across the globe.  These suppliers can be located anywhere – they might be down the street, on the other side of the country (nearshore) or the other side of the world (offshore).[2]  No matter where the supplier is located, dealing with an outside provider instead of an in-house team has led to major changes in how companies structure their business and the nature of the work they do.

Continue Reading What do law students need to know about Legal Process Outsourcing?