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Does Posting Defendant Names Online Have a Deterrent Effect?
A California community recently announced they are considering publicizing the names of suspected drunk drivers on the police website, but will it have a deterrent effect?
Details...Did the Supreme Court Lay the Groundwork for a Future Ruling on Gay Marriage?
Legal scholars are claiming that one sentence from a recent Supreme Court decision is 'tea leaf' that can be interpreted as the Supreme Court's opinion of gay marriage rights.
Details...The Canadian census debate--a background
On June 26, 2010, Canada Gazette published an Order in Council dated June 17, 2010. The order contained questions for the 2011 Canadian census. The short document that would normally be of interest only to statisticians caused a national debate--not because of what it contained, but because of what it lacked. 53 detailed questions sent to 20% of the population in the past were not in the government's order. Only seven or so questions previously put on the short form will be sent to Canadians next year.
Details...Can individuals adequately represent themselves in court?
A recent report indicated that more and more individuals are representing themselves in court. In particular, the study indicated that individuals were representing themselves in many areas of consumer law.
Details...Humans only
If you read Arthur C. Clarke's 2001: A Space Odyssey or saw the film, you must know who Hal is. Good. Keep that in mind while reading this. So... South Korea 'deploys robots to detect and kill intruders.' I don't want to be a scaremonger by just waving Hal in your face. Let me give you two reasons why robocops, or battle robots, or judge robots for that matter are bad from the legal standpoint.
Details...Supremacy of God and the Canadian Charter
Did you know that the 'supremacy of God' is Canada's founding principle? Read the Canadian constitution, if you don't believe me. This is the preamble to the Canadian Charter of Rights and Freedoms: 'Whereas Canada is founded upon principles that recognize the supremacy of God and the rule of law ...' Recently, a Quebec Superior Court Judge Gerard Dugre relied on these words to stop the Quebec government from blocking one private school's religious curriculum. This caused secular activists to call for removing the reference to God from our Charter.
Details...Ottawa shoots itself in the foot in the Khadr case
There is a dramatic development in the Khadr story. A Federal Court judge ordered the government to do something about Omar Khadr, and the government has seven days to comply. Justice Zinn handed down his judgement three days ago, on July 5, 2010, so if we are still a country of the rule of law we should hear from Ottawa around Monday or Tuesday. Although the judge didn't order the government to ask the US for Khadr's return, his repatriation may be the only logical outcome of the chain of events that Justice Zinn set off in Edmonton on Monday.
Details...Spies Sent Back To Russia in Swap
Seemingly over before it started, the US has agreed to send all 10 Russian spies in custody back to Russia in exchange for 4 Russian prisoners.
Details...The legality of G20 police cordons in Toronto
Toronto is a changed city this weekend. Various police forces have cordoned off a big part of downtown searching and checking IDs of those wishing to enter. We in Canada are not used to ID checks and car searches on public streets. Canadians are usually free to walk in public areas, and the police cannot stop people and force them to show ID or even answer questions without a good reason to suspect them of a crime. When a big part of a crowded and bustling city becomes off limits, many people will probably wonder if G20 is worth it. Many lawyers will perhaps ask a different question: does the police have the power to cordon off downtown Toronto. The answer is yes.
Details...The law of street protest in Canada
The events of the G20 weekend in Toronto raised important legal issues and exposed gaps in our law. Are street protests legal and when can the police break them up? Can the police have special powers when world leaders are in town? How did we go from guaranteed freedoms of expression and peaceful assembly to a third-world style detention centre for protesters and police 'kettling' of citizens at Queen and Spadina? What is the law of street protest in Canada?
Details...Are the Accused Russian Spies the New Brand of Spy?
The United States recently arrested a number of individuals they claim all work for the Russian Intelligence agency. Nearly all of the spies, however, were not engaged in cloak and dagger activities, but were apparently trying to gather information from non-traditional sources. Are we seeing a new breed of spy?
Details...Are New Internet Privacy Laws on the Horizon?
The House Subcommittee on Communications, Technology, and the Internet has completed a draft of legislation that would outline new parameters on internet privacy.
Details...What can the mayor of Toronto really do?
Toronto will go to the polls to elect its mayor on October 25 this year. There is a lot of media interest in mayoral candidates and scandals surrounding some of them. The incumbent mayor, David Miller, also attracted media attention and intense feelings among both his supporters and detractors. But is the mayor's job really that important? What actual powers does the mayor of Toronto have? If we look at the law, the answer is rather surprising. Despite all the attention, the mayor of Toronto doesn't decide much, and the city's governance is mostly in the hands of the city council and ultimately the provincial legislature.
Details...What charges will BP face from the oil spill?
Even though BP has agreed to set aside $20 billion in an escrow fund for those affected by the oil spill, that would not prevent the United States Department of Justice from pursuing criminal or civil charges.
Details...The stakes of copyright reform
Not many government bills cause so much debate as C-32--the legislation to amend Canada's Copyright Act--introduced on June 2, 2010. One of C-32's most contentious innovations is a complete ban on bypassing digital locks on electronic content. James Moore, a federal Minister, said that C-32 offered 'a common-sense balance between the interests of consumers and the rights of the creative community.' But his opponents believe Moore's 'common sense' will empower copyright holders and take away traditional rights of consumers.
Details...Are Online Comments No Longer Anonymous?
In a recent case, the Third Circuit of Appeals ruled that an Illinois newspaper must reveal the identity of an anonymous commentator. Going forward, will this change the way newspapers and individuals approach online comments?
Details...Here comes the judge
In today's Times Colonist, Mike Reid profiles AdviceScene, Island FX, and Family Matters with Justice Brownstone.
Details...Vancouver Sun Talks About Family Matters
An article came out today in the Vancouver Sun, about our show Family Matters.
Details...You Have the Right to Remain Silent?
Years ago, the US Supreme Court decided the Miranda case, which gave birth to the set of rights that are always provided to criminal suspects. The lines have been made famous by pop culture, including the first line of 'You have the right to remain silent.' This week, the Supreme Court offered a ruling that casts uncertainty on how that right is now invoked.
Details...Will Legislator's Make it More Difficult to Become an American Citizen?
Legislators in both Congress and the states are considering passing laws that make it more difficult for individuals to become American citizens.
Details...Will Facebook's Privacy Policy Cause Users to Close Their Accounts?
Social media giant Facebook has been under fire in recent weeks for concerns about another privacy policy.
Details...Is Online Activity Likely to Lead to Lawyer Misbehavior?
More and more lawyers are getting in trouble for things they have done online. Are lawyers asking for sanctions by posting comments online?
Details...Will Arizona Abandon the New Immigration Law?
Arizona's recently passed immigration law has erupted into a national controversy. When the dust settles, will the state stand behind its new law?
Details...The problem with electronic books
I love my Kindle. I love this thin, light tablet that I can read both at the desk and in bed. I love the ease of getting new books, and I love when the fresh issue of The New Yorker downloads itself. I have read more books in the last year because of the Kindle, but I also paid more for books that I otherwise would have borrowed from the library. On the balance, I think ebooks are great and the way of the future, but we must watch out for some problems with those ebooks that use closed, proprietary formats.
Details...Against assisted suicide
A few days ago the Canadian House of Commons rejected an assisted suicide bill. The proposed legislation would allow doctors to help terminally ill patients or people in unrelenting pain to end their lives. Currently, doctors or nurses or anyone else who helped someone die would be liable to murder or manslaughter charges and perhaps civil damages. Very few jurisdictions in the world authorize assisted suicide, which seems to be a 'victimless crime.' The recent failure of this bill in Canada is a good opportunity to review reasons why society denies us an inalienable right to control our own death.
Details...Cloud computing tips for lawyers
Cloud computing is one of the best technologies we've had in the last decade. It gives us mobility, versatility, security, and powerful ways to manipulate our data. It's also cheap. Because it's rooted in the Internet, some express legitimate concerns with cloud computing, mostly centred around data security and privacy. Lawyers may be particularly cautious to deploy clients' data in the cloud because of lawyers' unique responsibilities and duties. But a careful look at cloud computing shows that it's safe for both the general public and lawyers. Its benefits greatly outweigh its costs and some of its features are so compelling, time-saving and economical that every lawyer should be considering cloud computing.
Details...Blurred Line Between Church and State?
The Supreme Court may be signaling future blurring of the line between church and state based on a recent decision.
Details...A car means less freedom
An old cliche says that a car gives freedom. But if freedom means the absence of state intrusion in our personal choices, then that cliche is plain wrong. Drivers are less free than pedestrians or transit passengers. There are three main areas in which driving impairs our freedom. Loosely phrased, they are liberty, privacy, and regulation.
Details...Will Stevens Replacement Be Opposed No Matter What?
As soon as Justice Stevens announced he was stepping down, conservatives began preparing for a battle against an alleged 'liberal replacement.' Now there is buzz that liberals will oppose a replacement who is not liberal enough.
Details...Canadians, beware of Arizona Senate Bill 1070
How far can a government go to fight illegal migration? One government is flying right into uncharted territory if we are to judge by public reaction and media commentary. Arizona's legislature is considering a bill that allows Arizona police to arrest people on a 'reasonable suspicion' of their unlawful immigration status. Many groups ripped into the proposed law, and the head of the Los Angeles Roman Catholic archdiocese even compared it with 'German Nazi and Russian Communist techniques.' Others defended the legislation citing high rates of illegal immigration in Arizona. The bill has several controversial provisions but let's look closely at some detention powers it gives to the police. These changes can put Canadians lawfully travelling to Arizona at serious risk of detention.
Details...Who Will Replace Justice Stevens on the Supreme Court?
With Justice Stevens stepping down later this year from the Supreme Court, rumors are buzzing about who will take his place.
Details...Do Targeted Killings by the US Violate International Law?
The White House recently took the unusual, and perhaps unprecedented, step of authorizing the targeted killing of US citizen with Al Qaeda ties. The citizen is believed to be somewhere in the Arabian peninsula. Given the international nature of such action, does it violate international law?
Details...Is legalizing marijuana in California going to change anything?
If California passes a new law that legalizes marijuana, will it have any profound effects?
Details...How to secede from Ontario
So what if Toronto became a province? Why would that be a bad idea? Regardless of the arguments for and against, Toronto can never become a province unless there is a lawful way to that goal, and there are several. In any case, separation will require a referendum in the city. If Toronto wishes to leave, Ontario will have to start good-faith negotiations. And even if the talks break down, there seems to be a constitutional way for Toronto to become a province without Ontario's consent.
Details...Are there Legitimate Constitutional Challenges to the Health Care Bill?
Republican lawmakers, among others, are criticizing the recently passed health care reform bill on grounds that it violates the US Constitution. Digging deeper, are these legitimate challenges to the bill?
Details...Discretion, law, and Rahim Jaffer
When the Crown dropped drunk driving and cocaine charges against Rahim Jaffer, everyone seemed unhappy and suspicious. There was a lot more unity of opinion than when a Canadian woman was stuck in Africa because Canadian officials thought she didn't look like her passport photo. Both cases involved our trust in government, and in both cases government officials had a lot of discretion in making their decisions. Our law gives Crown prosecutors discretion in laying charges. The only constraint is that they must act in public interest. The popular mindset that justifies giving this leeway to the Crown is crime control. A different philosophy is due process, which emphasizes the rights of the accused, but this approach doesn't seem very popular politically. The actual system is hopefully something between the two. In the Jaffer case, the public wants some accountability from the Crown but it does not seem ready to swing in the due process direction. Can we hold Crown prosecutors accountable for their discretionary decisions such as laying charges? It is very, very difficult, and the only way is to bind the Crown with more rules reducing their discretion.
Details...On grandmothers and stunt driving
Sometimes a court case comes along that I simply love. Usually I love a case because it teaches me something about law, or because it is uniquely Canadian, or because it's worth blogging about. This week's stunt driving decision out of the Court of Appeal does all three. In R. v. Raham, Ontario's highest court taught us how badly some of our laws are drafted and how lucky we are to have Francophone Canadians. There is also a reminder about a shockingly easy way to risk jail for making a left turn. I love this case.
Details...Underfunded Court Systems Can Lead to a Loss of Constitutional Rights
State judicial systems around the country are becoming overburdened because of inadequate funding.
Details...Immigration Law & Child Brides
Canadian immigration officials have the authority to reject applications of potential immigrants and applications for sponsorship, but they can’t seem to specifically stop the problem of “child brides” being sponsored into Canada by much older husbands.
Details...Should Former Defense Secretary Rumsfeld Be Prosecuted for His Interrogation Policies?
A federal court has allowed a suit against former Defense Secretary Rumsfeld to go forward.
Details...How to avoid committing sexual assault
There are man crimes. Take sexual assault, for example. I don't have the stats but I will be really surprised if most people convicted of sexual assault weren't men. For example, the Criminal Code has special rules making it more difficult to challenge complainants during trials for sexual assaults. The purpose of these rules is obviously to protect female victims. The law of sexual assault regulates largely male behaviour, and men should know this law well. The guy who was convicted after sex with his twin brother's girlfriend should have known better. This story hit the media because he appealed his conviction, and the issues he is raising on appeal show how complicated and fact-specific sexual assault law can be. The lesson for men in Canada is to be extra careful and avoid sex if you're not sure. Read below for specific suggestions.
Details...How lawyers think
We as a society know too little about lawyers. We believe some myths about lawyers (for example, that they are rich), but we know little truth about them. It's pretty strange given the two critical things lawyers do in our society: ensure access to justice and help regulate behaviour. The good news is it's easy to learn the basics of how lawyers think, which empowers you in dealing with your lawyer and as a citizen.
Details...Why Can't the US Follow Europe's Lead in Abolishing the Death Penalty?
The evidence, and public opinion, suggests the US should follow Europe's lead and abolish the death penalty.
Details...Don't Tweet This
The Globe & Mail recently reported a story of a woman who was suing her insurance company after a car crash that had left her unable to do a number of day-to-day and recreational activities that she used to enjoy.
Details...Are there inalienable rights in Canada?
We in Canada like to think of ourselves as free. We also like to think we have rights. The police can't throw us in jail for our political views. And if they do throw us in jail for any reason, the police must let us call a lawyer. A part of Canada's constitution, the Canadian Charter of Rights and Freedoms guarantees our rights and freedoms. But the constitutional rights and freedoms such as freedom of expression, a right against arbitrary detention or imprisonment, and even our right to life, liberty and security, are not absolute. The Charter leaves loopholes for the federal Parliament, provincial legislatures, or even judges to limit or take away any rights or freedoms. There are no inalienable rights in Canada.
Details...Where Should Legal Aid Stop?
According to the Canadian Press, Ontario's top court has denied a convicted murderer who ran up a $1.2 million legal aid bill more taxpayer funding for an appeal.
Details...Will the Majority of Enemy Combatants Be Released?
If a recent report is any indication, the majority of enemy combatants being held 'indefinitely' will be released if they decide to challenge their confinement.
Details...Will Legislation Limit the Supreme Court's Decision on Corporation Campaign Donations?
The majority of Americans, regardless of political view, support Congressional efforts to limit the effect of the Supreme Court's recent decision on campaign contributions.
Details...Trying Terrorism
No one said being President of the United States was going to be easy, but it seems to be getting particularly difficult these days for President Barack Obama as he deals with the dilemma of how to deal with accused terrorists.
Details...How did a prisoner draft a successful Supreme Court brief?
Shon Hopwood was sentenced to 13 years for robbery in 1999 and vowed to the sentencing judge that he would change. Within three years he was drafting a successful certiorari petition to the Supreme Court for a fellow inmate.
Details...A Doctor's Duty
What should a doctor be legally required to do when caring for a patient? And what if the patient is rich and famous? These are questions that we will likely all become familiar with in the coming weeks as a doctor of one of the most famous men on the planet has now been charged with causing his death. On Monday, Dr. Conrad Murray, who was caring for Michael Jackson at the time of the pop star's death, was charged with involuntary manslaughter.
Details...Should there be caps on damages in medical malpractice cases?
The Illinois Supreme Court struck down a 2005 law that capped damages in medical malpractice cases, saying the law violated the separation of powers doctrine.
Details...Human Rights vs. Foreign Affairs
Last week we heard that the Supreme Court of Canada has overturned lower-court orders that the federal government must try to repatriate Toronto-born Omar Khadr from the U.S. military prison in Guantanamo Bay.
Details...Why Aren't There More Women Judges?
Over the last thirty years, the number of female law school graduates has risen to nearly equal the number of male graduates. This near equilibrium, sadly, is not reflected in the number of women serving as judges at both the state and federal level.
Details...PETA Pie
According to the CBC, a protest pie thrown by a member of PETA (People for the Ethical Treatment of Animals) at the Federal Fisheries Minister, Gail Shea, in Burlington, Ontario, has sparked an interesting dialogue.
Details...Will no ban on corporate political spending skew elections?
The Supreme Court's recent decision that the government may not ban political spending by corporations in candidate elections may skew the playing field for future elections.
Details...Sticks and Stones: Defamation Law in Canada
Browse the pages of today's electronic world and you can find information on any subject and a plethora of critics who are eager to bite off the heads of anyone who sticks their neck out.
Details...Why delay lifting the ban on gays in the military?
Legal counsel for United States top military officer recommend the Pentagon delay a request to Congress to repeal the ban on openly gay military service officers.
Details...Facebooking your 'Ex'
Brandon Neely, a prison guard at Camp X-Ray - the high-security detention camp run by the US in Guantanamo Bay, had left the US military in 2005 to become a police officer and was struggling to come to terms with his time as a guard at Guantanamo.
Details...File Sharing in 2010?
What's your take on file sharing? Should it be illegal to download your favorite music for free and if so, what should the penalty be if you are caught?
Details...'Flight of the Second Carry On'
Happy Holidays everyone! Hopefully you aren't reading this while stuck in an airport somewhere although if you live in Canada or the U.S. chances are good that this is the case. After last week's in-flight bombing attempt on a Northwest Airlines flight to Detroit, North American airports have been crippled with increased security during an extremely busy time of year.
Details...Changing Public Perception of Lawyers in 2010
A Texas judge recently wrote a letter to his two children, who are both aspiring lawyers, on how to have successful careers as attorneys.
Details...The Price of Justice - Implementing Mandatory DNA Testing
Should states implement mandatory DNA testing when DNA samples are available?
Details...You have the right to remain sleeping
According to the B.C. Court of Appeal, you and all people in B.C. have the right to camp in public parks and cannot be kicked out in the middle of the night, even if you have set up a tent in a downtown area. This decision confirmed a 2008 decision of the B.C. Supreme Court on the same issue.
Details...Does Tweeting About Pending DUI's Cross the Line?
A Texas District Attorney has vowed to tweet the names of individuals arrested for drunk driving in an attempt to reduce the number of offenses.
Details...Changing the death penalty system does not change the result
The introduction of a new lethal injection procedure does not change that the death penalty constitutes cruel and unusual punishment.
Details...Is a little knowledge a dangerous thing?
I would have to say that the saying 'a little knowledge is a dangerous thing' has got to be the all time most pompous thing I've ever heard. Who says this but those among us that have the elite knowledge? I'm sure it's not the ones without the information and knowledge that say this. To them, a little information and knowledge usually helps immensely.
Details...New Brunswick Orders Legal Aid Review
New Brunswick Justice Minister Michael Murphy is ordering a review of the province's legal aid system to figure out why it is taking so long for people to access funding for family matters. Apparently, the N.B. legal aid system is backlogged to such an extent that people are having serious problems accessing any legal representation for important matters, including family law matters which disproportionately impact women and children.
Details...Current Detainee Trial is Testing the System for Future Cases
The pending trial of Ahmed Ghailani may offer a preview of how a trial for the 9/11 conspirators will work in the Southern District of New York.
Details...New President, Same 'War' on Terror?
President Bush was lambasted by many for approaching the war on terror with a cowboy mentality and viewing things in black and white. A year into the Obama administration, have things changed for the better?
Details...China's Tainted Milk Powder Executions
Who is responsible when products are contaminated? In Canada, consumer protection laws set out strict requirements that must be met, especially with respect to food products. Breaching these laws, whether on purpose or through negligence, can land a corporation in legal trouble. But what are the consequences for a corporation, who cannot serve jail time and who likely is not deterred by financial penalties which they can likely absorb and spread amongst shareholders?
Details...Pain or death: euthanasia again
Usually, the police raids crack houses and gang hideouts in Toronto. Last Thursday, November 26, 2009, officers descended on the Toronto Humane Society, a 118-year-old charity sheltering abandoned cats and dogs. Some of the most noted charges were cruelty to animals, which is a criminal offence in Canada. Apparently, the Society kept very sick animals alive instead of putting them to death. Assuming that's what happened and that both managers and vets are responsible, this case may very well come down to whether keeping sick animals alive out of opposition to euthanasia is a crime in this country.
Details...Immigration and foreign credentials
The federal government announced a plan to help immigrants get their foreign credentials recognized. At the heart of this plan is a deal between Ottawa and the provinces to speed up professional licensing applications filed by foreign-trained immigrants. Of course, the new rules will not force private employers to recognize foreign education or work experience, and even provincial licensing bodies will be free to deny any recognition. All the deal seems to promise is reduce wait times for processing of foreign credentials.
Details...You Can't Always Get What You Need: The Legal Aid Boycott in Ontario
Since June 2009, criminal lawyers in Ontario have been boycotting legal aid cases, meaning that many accused criminals who likely had a hard time finding a good lawyer to represent them are now having an impossible time. What's going on? Well, according to the members of the Criminal Lawyers' Association, the group that has called for the boycott, the reason is that legal aid isn't paying them enough to try large, complicated trials such as murder and guns-and-gangs cases. They have since refused to take on those complex cases.
Details...B.C. Legal Aid Cuts
On November 3rd, we heard that the B.C. Legal Services Society, the body that administers legal aid in B.C., will be closing five regional offices and laying off up to 54 staff as a result of funding shortages. Attorney General Mike de Jong says that the closings and layoffs are the result of the economic downturn. The Legal Services Society is funded in part by a tax on lawyers' trust accounts, which may have dried up to a large extent as a result of the recession and low interest rates.
Details...Uttering threats
Watch your mouth. Your mom or buddy told you this in high school when you blurted out something stupid or offensive. But it's what the law tells now with all its authority and with all its might. Freedom of speech is not absolute, and for some speech, the law will put you in jail. It is a crime, for example, to make death threats or to promise to injure someone or to burn someone's house. In 2009, at least two high-profile stories of prosecution for uttering threats hit the papers. The father of baby Kaylee was charged with threatening death and causing damage in September, and the sister of Toronto's deputy mayor was charged with threatening death in April. The potential punishment is up to five years in prison. And if you are not a Canadian citizen, they can kick you out of the country. The law may come crushing down on you if you 'utter threats,' so how does it work, exactly?
Details...A brief history of trade unions in Canada up to WW2
Legislation forcing British Columbia paramedics back to work was introduced November 2. The bill will impose a retroactive one year contract on 3,500 ambulance paramedics, members of CUPE 873, who went on strike April 1, 2009. It has not been a smooth road since the first emergence of unions in Canada. It may be worthwhile looking back to get some idea of how the labour relations have been progressing, at least, up to the Second World War years.
Details...The new underclass
Who haven't heard of immigration queue jumpers? The current federal government used this term when it shut down visa-free travel from the Czech Republic and Mexico. Federal officials blamed queue jumping refugee claimants. But if someone jumps the queue, it's not refugees as much as it is temporary guest workers. And their biggest aider and abettor is Ottawa itself. Estimated 65,000 refugee claims were pending in 2008, but almost 192,519 foreigners came to Canada as temporary workers last year. A Toronto Star investigationrevealed that many of them are vulnerable, abused, and prone to go underground, especially during a recession. The Canadian government wants to be in the labour supply business, but it's not doing a good job.
Details...Made any good contracts lately?
Bought a cup of coffee? A newspaper? Had new brakes put into your car? Almost everything we do, whether buying or selling an item, working, renting, all involve contracts. Although contracts pervade our daily lives, we seldom stop to think about what transforms an agreement into a legally enforceable contract.
Details...Stress & War: Rethinking the Consequences?
U.S. federal authorities are busy investigating the shocking army attack by an army psychiatrist who reportedly turned on his colleagues in a shooting rampage at a Texas military base this week. The violent attack took place at the army base in Fort Hood, Texas on Thursday, killing 13 and injuring 30. The alleged shooter, Hasan, is unconscious and on a ventilator in hospital after being shot four times. The incident began when a soldier, armed with two handguns, stood on a table and opened fire at about 1:30 p.m. in the base's Soldier Readiness Center, where troops go through medical screening before being deployed overseas or after returning from a posting.
Details...See-through body scanners are not as bad as they sound
According to media reports on Friday, the federal privacy commissioner approved the see-through airport body scanners. These machines show your naked body in Casper-the-ghost 3D on the security officer's screen. Although the officer can easily see if you are a bikini model or a beer belly, the procedure is subject to restrictions and rules that create a good balance between security and privacy. Don't be afraid of see-through scanners unless we hear some bad news about their health effects down the road.
Details...Restorative Justice
Alternative Dispute Resolution is a means to resolving conflict through alternatives to going to court. This may be through Mediation - pretty much for any dispute; the assistance of a group of professionals in a Collaborative Family Law process; or Restorative Justice which is used primarily for torts (civil wrongs) and criminal offences.
Details...Is polgyamy a crime in Canada?
Is polygamy a crime in Canada? Does Criminal Code Section 293, making polygamy a crime in Canada, infringe the Canadian Charter protection of freedom of religion?
Details...Denying welfare to alleged criminals
A new bill was introduced by the B.C. government last week that would deny social assistance or disability benefits to anyone with an outstanding arrest warrant. Is this a step in the right direction? Does this measure bring us closer to justice or further from it?
Details...Citizen's arrest
The idea to expand citizen's arrest power is unbalanced. Private citizens aren't trained to recognize crimes or criminals. They aren't trained safe arrest techniques. They don't have proper custody space. Untrained people can harm someone. We can end up with even more arrests of innocent people than we have now. Kidnappers may have an easier time imitating citizen's arrests. And the vigilantism that Mr. Lindsay's idea can unleash is scary. The risks are just too high. And slow police response and endemic theft do not outweigh them.
Details...Privacy and .ca
For years, if you registered a .ca domain, anyone could see your name, address and email in online 'whois' databases. In 2008, the Canadian Internet Registration Authority (CIRA) restricted access to this information. Internet law guru Michael Geist hailed early drafts of the CIRA's new whois policy as 'a model for domain name registries around the world'. Still, in a last-minute change, CIRA allowed access to a domain owner's identity for parties claiming intellectual property (IP) infringement by the domain name. In response to Professor Geist's accusation of a 'stunning setback for privacy', CIRA's President and CEO Byron Holland called the new policy 'thoughtful' and 'effective' with the 'best privacy protection in the world'.
Details...Could there be a Chill in the Air?
Along with the now-chilly fall weather it seems there is also a chill on giving free online legal information. The Canadian Bar Association recently sent out its 'Guidelines for Ethical Marketing Practices Using New Information Technologies' to all its members (Canadian lawyers). These guidelines are just that, guidelines, as David Canton of slaw.ca reminds lawyers. The Canadian Bar Association does not make rules about what lawyers can and cannot do: that is up to provincial law societies that regulate the legal profession. However, the CBA is a highly influential organization made up of lawyers. We're hoping that the guidelines do not scare lawyers away from offering to help people understand the law and legal system in Canada.
Details...The Virtual Law Office: Not Your Father's Cloud
Guest blogger Donna Seyle talks about the benefits of operating in a 'virtual' law office: 'The benefits of a virtual practice (and cost is not the least of them) are too important for the future of your law practice to be ignored or dismissed for lack of adequate research.'
Details...Beware the libel
Simon Singh, a British journalist and a popularizer of science, is fighting a lawsuit. In his article for the Guardian, Singh wrote that the British Chiropractic Association (BCA) promoted bogus treatments. The BCA sued him for libel. Is it right that our words can cost us dearly? What about the freedom of speech? First of all, let's find out what the freedom of speech really is all about...
Details...Flu shots can give a different kind of immunity
Swine flu vaccine makers may get a special gift from the federal government: immunity from civil negligence suits. You may not have heard about it because other swine flu news recently got much more spotlight...
Details...Student-teacher love can be a serious crime in Canada
A few days ago, an Ontario judge sentenced a female teacher for a love affair with a student. If the older women didn't plead guilty, this case would be almost identical to a case in Georgia, except for the brutally harsh sentence. But the intricate details of the Ontario case are different enough to make this story a lesson for all adults - not just for teachers.
Details...AdviceScene at Advice-a-Thon
On September 18th, AdviceScene takes part in the Advice-a-Thon in Victoria B.C. Throughout the day, we will be blogging about what's happening at this important legal event.
Details...The legal meaning of private property
Do you think you own your car? If the government convinces a judge that it's more likely than not that your car is 'tainted' with crime, the court can let the government take it from you. No conviction, trial, specific victim, or even specific crime are required...
Details...Free Advice Site Challenges Lawyers to Support Pro-Bono Work
AdviceScene.com will donate $50.00 and provide online promotion for any lawyer that volunteers for the Advice-A-Thon to be held on three different days in Victoria, Vancouver and Kelowna, British Columbia. Advice-A-Thon lawyers volunteer their time to provide free legal advice to raise funds so BC's pro bono programs can continue to facilitate access to justice for low and modest-income people.
Details...Website Templates for Lawyers
A lawyer can have their own website set up within minutes. Our websites come with built-in SEO (search engine optimization). This means that not only do you have a site within minutes, but you have a site that people will be able to find. Lawyers are normally charged thousands of dollars to have their own website designed, hosted and SEOed, but AdviceScene has developed legal web templates for lawyers for as little as $39.99 per month.
Details...Passwords are the new guns
Your password is a gun. It can't shoot but at least the government treats it like a gun. In the UK, they made it a crime to refuse to give up your password to the government. The US long considered encryption an armament. It means encryption has military uses like weapons, infra-red goggles, plutonium, and armoured cars. When the government forces you to give up your password, it can read your data. Then you can't hide anything from the government. It can get what it wants by demanding your password. In the UK, you can go to prison for years if you say no. In this information age, there is a real public interest in giving the government electronic investigation powers. But the UK is doing it the wrong way. They breach your right not only to privacy but also to due process...
Details...Access to justice and elected judges
Every once in a while, a big legal case takes over the press. Murder, corruption, shareholder disputes, and Canadians stuck abroad eventually come before our courts. And when judges hand down their decisions, some people take issue with the outcome of the case. A common protest, especially among non-lawyers, is that the judges are unelected...
Details...An 'Old-School' Marketing Tool for Lawyers: the Internet Forum
Why use a forum to market yourself as a lawyer? At first it might seem like a mundane sort of way to advertise yourself. Forums aren't as sexy as Twitter, Facebook, Linkedin, or JD Supra . But posting in forums is almost always free and it's a great way to help out in community on your own time, while not actively soliciting clients.
Details...This is Democracy Whether We Like it or Not
This is democracy, take it or leave it. And it's the most real democracy we've seen yet in human history. So if you want democracy be prepared to hear the voices of everyone, not just the voices of our elite.
Details...The New Limitation Period to Assess Lawyer Accounts in Ontario
The confusion over the applicable limitation period for assessing a lawyer's account in Ontario continues. In the recently released Ontario decision...the court considered the applicable limitation period for an assessment of a solicitor's (i.e.licensee's or lawyer's) account beyond the one month limitation under s.3(b) of the Solicitors Act...
Details...Respect the Canadian passport
Coming back home to her son would be a great and much desired victory for Ms. Mohamud. But an even greater victory for all of Canadian citizens would be getting the Federal Court to clarify the law...
Details...A story of crime (?) and punishment (!)
If a teacher and a student fall in love and have a consensual sexual encounter, should the teacher go to jail for 10 years? What if the student is of the age of consent? What if both of them are female? This is a real case: a trial court in Georgia convicted a woman of sexual assault on her female student and sentenced the teacher to 10 years in jail plus 5 years of probation. The court rejected the consent defence...
Details...Legal Protectionism
Lawyers offering free legal information and educating the public isn't going to make lawyers obsolete. What it's going to do is enhance the perception of lawyers generally; and make more people realize that they at least need to consult with a lawyer before attempting do their own legal work. Giving people more information about the law and their rights is not a wrong thing to do; nor is it a bad business decision...
Details...'I read it on the Internet, so it must be true': Pitfalls of internet research
Antonin Prebetic discusses the pitfalls of internet research...
Details...Canadian Federal Goverment attempts to control spam
Guest Blogger Antonin Pribetic discusses government strategies to control spam...
Details...When lawyers go on strike
Guest blog from lawiscool.com regarding the legal aid strike in Ontario.
Details...Internet Defamation
Guest blogger Antonin Pribetic discusses internet defamation...
Details...Help teach the world's drug czar that drug prohibition is the exact opposite of drug control.
LEAP is asking for your help in letting the world's Drug 'Czar', Antonio Maria Costa, know that people calling for the legalization of drugs are endorsing more effective 'control' over drugs than we have now, not less.
Details...Negative statements and how to ignore them to meet goals
If a person stopped to listen to all the people that told them they couldn't do something, they would never succeed.
Details...Guest Blog: How To Keep Your Cool Around Difficult People!
How To Be Calm, Strong and Confident When Dealing With Difficult People...
Details...Mainstream Media vs. the Internet Continued
What's the difference between an online business venture and a new store opening up down the street? Is the online world so different that it doesn't deserve to be covered by mainstream media?
Details...Mainstream Media vs. the Internet (Collaboration vs. Competition Continued)
Mainstream media are losing money and some are even going out of business altogether because of the Internet, so the argument goes. But are they unsuccessful because they are ignoring the Internet? Why? Could it be because the Internet is so 'for the people' oriented?
Details...Back to Basics: 'It's not what happened that matters to the court, only what you can prove happened'
Why are courts not suitable for family law cases? Because what happened doesn't matter to the court; and in family breakdown situations, what happened is the most important thing to the family involved.
Details...What you'll learn at law school
In law school you soon learn that you're always better off hiring a lawyer than doing things yourself. However, you also learn that checking things out yourself leads to better efficiency and better decision-making in the lawyer's office.
Details...Bar Codes Connecting Print Media with the Internet
Regarding bar codes in print media: the idea is that any given newspaper or magazine article or advertisement could be accompanied by a bar code, allowing someone with a suitable mobile phone to scan the bar code and immediately access a relevant web page.
Details...The End of Print Media? (Collaboration vs. Competition)
Print media becoming extinct? It doesn't need to if it collaborates with the Internet instead of competing...
Details...Question and Answer Marketing
Connecting with Potential Clients the very best way to Market
Details...The End of the Webpage?
Are webpages dead as a marketing tool; or is there room for them alongside social networking sites that connect businesses to potential clients?
Details...Basic legal information essential to justice in Canada
Even though we live in a democracy and all the citizens of this country should know the basics, they don't. A basic legal education is lacking in this democratic society...
Details...Does the law reflect our morals or do our morals reflect the law?
Comment on the MoralityMeter question - how morally bad is it for a 17-year old to have sex with a 13-year old...
Details...Legal Advice vs. Legal Information
What's the difference between legal advice and legal information? For lawyers, the distinction is of paramount importance...
Details...Do Lawyers market themselves properly?
I have often thought that people don't really know how much better off they are with a lawyer's help, but I hadn't thought of it as a lack of 'marketing' in the legal profession
Details...Waiting on government for access to justice?
Why wait for the government to take responsibility for access to justice? Access to justice comes with access to free legal information or advice...
Details...Lawyers sharing responsibility for access to justice?
Do lawyers share the responsibility for access to justice?
Details...A Lawyerless Society or More Lawyers?
Do we need more lawyers to help us navigate through the legal system? Do we need to educate and inform the population better so that people can better represent themselves when they need to? Or do we need a legal system in which you don't need a lawyer...
Details...Should we all be lawyers?
Do we need more lawyers or should we all be lawyers? Maclean's magazine said this week that there is a lack of lawyers in this country. Should we all become lawyers then?
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