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December 31, 2007
The Honourable Mr. Justice Louis LeBel of the Supreme Court of
Canada explores the concept of deference in his paper
Some Properly Deferential Thoughts on Deference. Mr. Justice
LeBel discusses the way deference operates in three contexts:
policy making powers, regulatory powers and adjudicative tribunals.
This paper is from the Continuing Legal Education Society of
British Columbia Administrative Law Conference - 2007.
ISC offices
will be open until 3 p.m. on Monday, December 31 and closed on
January 1. Regular hours will resume on January 2. The following
online ISC services will still be available: online searches,
packet submissions, OLS and SPPR.
December 28, 2007
Fifteen Saskatchewan lawyers were honoured with
Queen's Counsel appointments today.
December 27, 2007
Sections 1(2), 3(2) and 40 of An Act to amend the Proceeds of
Crime (Money Laundering) and Terrorist Financing Act and the Income
Tax Act and to make a consequential amendment to another Act, S.C.
2006, c. 12, are proclaimed into force, effective December 30,
2007 (P.C. 2007-1920).
The Olympic and Paralympic Marks Act, S.C.
2007, c. 25, except for s. 13, is proclaimed into force,
effective December 17, 2007 (P.C. 2007-1923).
The following regulations were published in the Canada Gazette,
Part II,
Vol. 141, No. 26, December 26, 2007:
- Rules Amending Certain Rules Governing Practice and Procedure
Applicable to the Federal Courts (Representative Proceedings, Class
Proceedings and Other Amendments),
SOR/2007-301
- Regulations Amending the Citizenship Regulations, 1993,
SOR/2007-281
The following regulations were published in the Saskatchewan
Gazette, Part II,
Vol. 103, No. 51, December 21, 2007:
- SR 125/2007 The Apprenticeship and Trade Certification
Commission Amendment Regulations, 2008
- SR 126/2007 The Milk Control Amendment Regulations, 2007 (No.
12)
December 21, 2007
The Office of the
Saskatchewan Information and Privacy Commissioner has released
its Review Report La-2007-002
( Rural Municipality of Edenwold #158).
December 20, 2007
The Saskatchewan government
introduced new labour legislation. (Public Service Essential
Services,
Bill 5) (Trade Union Amendment Act, 2007,
Bill 6)
December 19, 2007
The Law Society Discipline Committee has rendered its decision on
the John David Hardy hearing.
The Federal government introduced the bill, An Act to amend the
Canada Grain Act,
Bill C-39, into parliament on Dec. 17, 2007.
The Saskatchewan government introduced amendments in the
legislature that will set fixed election dates. (An Act to amend
The Legislative Assembly and Executive Council Act, 2007,
Bill 4)
December 18, 2007
The
Consumer Price Index is available for November 2007. Consumer
prices increased 2.5% between November 2006 and November 2007.
The Saskatchewan government
announced the introduction of new legislation that establishes
a new agency, Enterprise Saskatchewan. (The Enterprise
Saskatchewan Act,
Bill 2)
December 17, 2007
On December 14, 2007, the Honourable Donald J. Manderscheid and
the Honourable Keith D. Yamauchi were appointed to Court of Queen's
Bench of Alberta.
December 14, 2007
The Law Society is pleased to announce the winners of the
Centennial Essay contest. Mitchell Anderson, from Carpenter High
School in Meadow Lake won first prize. Dylan Hardy, from Bishop
James Mahoney High School in Saskatoon won second prize.
Congratulations Mitchell and Dylan and thank you to all students
who submitted entries.
The Allan Blair Cancer Centre is seeking volunteers to serve on
the Centre's Institutional Review Board Committee.
December 13, 2007
Justice Minister and Attorney General Don Morgan
has issued a directive to Crown Prosecutors about prosecuting
repeat impaired driving offenders. Prosecutors are instructed
to consider proceeding by way of indictment and upon conviction to
consider applying for forfeiture of the vehicle where allowed by
the Criminal Code.
December 12, 2007
The Saskatchewan Trial
Lawyers Association is sponsoring a new teleseminar: Simplified
procedure, presented by Ron Miller and Clayton Barry, on
Thursday January 10, 2008.
December 11, 2007
The
Throne Speech marking the opening of the First Session of the
26th Legislature is now available.
Federal Minister of Citizenship and Immigration Diane Finley
has tabled An Act to amend the Citizenship Act,
Bill C-37. The proposed amendments will address the issue of
"Lost Canadians". The
House of Commons Standing Committee on Immigration and
Citizenship has
released its report
Reclaiming Citizenship for Canadians: A Report on the Loss of
Canadian Citizenship, which made the following
recommendations:
- Citizenship law should not distinguish between people based on
their year of birth, whether their parents were married at the time
of their birth, or any other such factors.
- Lost Canadians should have their citizenship restored
retroactive to the date it was lost, or granted retroactive to
birth, as the case may be.
December 10, 2007
The Canadian Judicial
Council has released a new report: Administering Justice for
the Public. This report proposes the adoption of a judicial
responsibility model similar to those used in the United Kingdom,
Ireland, Australia and the United States to improve the efficiency
of judicial administration in Canada.
The following regulation was published in the Saskatchewan
Gazette, Part II,
Vol. 103, No. 49, December 7, 2007:
- SR 123/2007 The Milk Control Amendment Regulations, 2007 (No.
11)
December 7, 2007
The Canadian
Insurance Law Blog, published by Michael Thomas of Harper Grey,
a Vancouver firm, features a Case
Database which is searchable by jurisdiction, issue, and type
of insurance. For example, a search for commentary on Saskatchewan
cases dealing with bad faith results in 2 articles.
December 6, 2007
Criminal
Resources: False Confessions, by Ken Strutin, reviews web-based
materials and publications about the psychology and interrogation
practices behind false confessions. This article is featured on LLRX.com.
December 5, 2007
The Discipline Committee of the Law Society of Saskatchewan will
conduct a sentencing
hearing on Friday, December 7, 2007.
December 4, 2007
The following regulations were published in the Saskatchewan
Gazette, Part II,
Vol. 103, No. 48, November 30, 2007:
- F-13.4 Reg 36 The Used Light Vehicles (Provincial Sales Tax)
Exemption and Remission Regulations
- G-5.1 Reg 129 The Ministry of Advanced Education, Employment
and Labour Regulations, 2007
- G-5.1 Reg 130 The Ministry of Agriculture Regulations,
2007
- G-5.1 Reg 131 The Ministry of Corrections, Public Safety and
Policing Regulations, 2007
- G-5.1 Reg 132 The Ministry of Education Regulations, 2007
- G-5.1 Reg 133 The Ministry of Energy and Resources Regulations,
2007
- G-5.1 Reg 134 The Ministry of Enterprise and Innovation
Regulations, 2007
- G-5.1 Reg 135 The Ministry of Environment Regulations,
2007
- G-5.1 Reg 136 The Ministry of Finance Regulations, 2007
- G-5.1 Reg 137 The Ministry of First Nations and Métis Relations
Regulations, 2007
- G-5.1 Reg 138 The Ministry of Government Services Regulations,
2007
- G-5.1 Reg 139 The Ministry of Health Regulations, 2007
- G-5.1 Reg 140 The Ministry of Highways and Infrastructure
Regulations, 2007
- G-5.1 Reg 141 The Ministry of Intergovernmental Affairs
Regulations, 2007
- G-5.1 Reg 142 The Ministry of Justice and Attorney General
Regulations, 2007
- G-5.1 Reg 143 The Ministry of Municipal Affairs Regulations,
2007
- G-5.1 Reg 144 The Office of the Provincial Secretary
Regulations, 2007
- G-5.1 Reg 145 The Ministry of Social Services Regulations,
2007
- G-5.1 Reg 146 The Ministry of Tourism, Parks, Culture and Sport
Regulations, 2007
- G-5.1 Reg 147 The Information Technology Office Regulations,
2007
- SR 120/2007 The Government Organization (Miscellaneous
Regulations) Repeal Regulations, 2007
- SR 121/2007 The Ministerial Assistant Employment Amendment
Regulations, 2007 (No. 2)
- SR 122/2007 The Ministerial Assistant Employment Amendment
Regulations, 2007 (No.3)
The Honourable Earl C. Wilson and the Honourable Jo'Anne Strekaf
are appointed to the Court of Queen's Bench of Alberta.
December 3, 2007
CanLII announced
that all Supreme Court of Canada decisions originating from Ontario
back to 1876 are now available on CanLII in HTML and PDF
formats.
Joint Tenancy Update, by Rhys Davies, a new paper from the
Continuing Legal Education Society of British Columbia, reviews two
recent Supreme Court of Canada decisions and their impact on joint
tenancies and presumptions of resulting trust and advancement.
November 30, 2007
The deadline for nominations for the C. Willy Hodgson Award is
today. The C. Willy Hodgson Award is presented to individuals or
organizations who exemplify integrity, leadership and character,
and have made or are making outstanding contributions to advancing
equity and diversity in legal education, the legal profession
and/or the administration of justice in Saskatchewan or in
Canada.
Library and Archives Canada has launched the
Government of Canada Web Archive. The archive is searchable by
keyword, date, department and document type.
November 29, 2007
Canada Justice is now providing bilingual statutes in PDF for
frequently accessed statutes on the Justice Laws Web
Site.
November 28, 2007
The Office of the
Saskatchewan Information and Privacy Commissioner has
released its Review Report
H-2007-001 (Saskatchewan Cancer Agency).
Discovery of
employee-owned computer equipment, by Conrad Jacoby, discusses
questions to consider when determining the extent of discovery
requests:
- Has the personal equipment been used for business
purposes?
- Is there a unique value to the ESI stored on employee-owned
equipment?
- What is the employee's importance to the dispute?
- What measures will be taken to protect personal
information?
- Does the company have a policy about use of non-corporate
equipment?
November 27, 2007
Deputy Premier Ken Krawetz
announced changes in several senior civil service positions.
Backgrounders on
new deputy ministers and
new chiefs of staff are available online.
The following sections of An Act to amend the Criminal Code, the
DNA Identification Act and the National Defence Act, S.C.
2005, c. 25, are proclaimed into force effective January 1,
2008 (P.C. 2007-1780):
- sections 1 to 4, 6, 8 to 15 and 17.1 to 30
The following sections of An Act to amend certain Acts in relation
to DNA Identification, S.C.
2007, c. 22, are proclaimed into force effective January 1,
2008 (P.C. 2007-1780):
- sections 7, 8(1), 10, 11(2) to (4), 12, 13(2), 14 to 17, 20(4),
22, 24, 26, 29, 30, 34, 35, 37(2), 38 to 41, 43(4), 45 and 46
November 26, 2007
The Federal Court
issued an announcement on the designation of the surname that
specifies the order in which the names are to be set out in the
original notices.
The Supreme Court of British Columbia released a decision on the
Tsilhqot'in Nation claim to part of the Cariboo-Chilcotin region of
British Columbia. (Tsilhqot'n Nation v. British Columbia,
2007 BCSC 1700)
November 23, 2007
Premier Brad Wall has
announced that the next legislative session will begin on
December 10, 2007.
The Ontario Civil Justice Reform Project has released its
Summary of findings and recommendations. The Project has made
recommendations in the following areas: judicial resources, small
claims court, simplified procedure, summary disposition of cases,
unrepresented litigants, civil juries, discovery, expert evidence,
litigation management, pre-trials and trial management, appeals,
motion and trial scheduling, venue, civility, technology in the
civil justice system, and proportionality and cost of
litigation. A full report is expected later in the year.
November 23, 2007
Premier Brad Wall has
announced that the next legislative session will begin on
December 10, 2007.
The Ontario Civil Justice Reform Project has released its
Summary of findings and recommendations. The Project has made
recommendations in the following areas: judicial resources, small
claims court, simplified procedure, summary disposition of cases,
unrepresented litigants, civil juries, discovery, expert evidence,
litigation management, pre-trials and trial management, appeals,
motion and trial scheduling, venue, civility, technology in the
civil justice system, and proportionality and cost of
litigation. A full report is expected later in the
year.
November 22, 2007
Premier Brad Wall was
sworn into office and has named his new cabinet.
The
Legal Services Act 2007, (UK) 2007, c. 29 received Royal Assent
on October 30, 2007. This act creates both an independent Legal
Services Board which will act as an oversight regulator for the Law
Society and Bar Council and an independent Office for Legal
Complaints for clients. The act also provides for outside
investment in law firms, by allowing lawyers to sell shares.
November 21, 2007
Document
and file security: Fulfilling your duty to preserve, a CBA
PracticeLink article by Edward Poll, discusses the development
of client document and file security plans. Poll suggests that
lawyers should consider the potential risks for crucial paper-based
documents as well as electronic data, and create a comprehensive
back-up plan for items such as master files, time and billing
records, court dates and appointments, wills, powers of attorney
and corporate records.
November 20, 2007
The
Consumer Price Index for October 2007 is now available.
Consumer prices rose 2.4% as compared with October 2006.
The following sections of the Budget Implementation Act, 2007,
S.C.
2007, c. 29, are proclaimed into force effective November 17,
2007:
- s. 103(2) (P.C. 2007-1728)
- s. 91(2), 104(2) and 113(2) (P.C. 2007-1729)
November 19, 2007
Amendments to the Court of Appeal Rules were published in the
Saskatchewan Gazette, Part I,
Vol. 103, No. 46, November 16, 2007. These amendments include
changes to the rules, forms, tariffs and the repeal of Civil
Practice Directives 2, 3, 4, and 5.
The following regulation was published in the Saskatchewan
Gazette, Part II,
Vol. 103, No. 46, November 16, 2007:
- SR 119/2007 The Labour Standards Amendment Regulations, 2007
(No. 4)
November 16, 2007
The Law Society of Saskatchewan is seeking a qualified candidate
to serve as a representative on the Public Legal Education
Association of Saskatchewan (PLEA) Board. Please send letters of
interest to Tom Schonhoffer at reception@lawsociety.sk.ca
before December 1, 2007.
November 15, 2007
Copyright and moral rights infringement litigation, by Bruce M.
Green, takes a look at recent litigation and establishing
fundamental elements of a copyright claim by determining:
- Does the plaintiff own copyright or moral rights in the
work?
- Has the defendant infringed on those rights?
- Does the defendant have a valid defence or exemption from
infringement?
This paper, part of the Intellectual Property for Litigators
Seminar from the Continuing Legal
Education Society of British Columbia, includes a precedent for
a statement of claim for infringement of copyright and moral
rights.
November 14, 2007
An
inquest into the death of Michael Merrill will be held November
27 to 29, 2007 at the Prince Albert Queen's Bench Courthouse. Mr.
Merrill died December 13, 2005 while in custody at the Saskatchewan
Penitentiary in Prince Albert.
November 9, 2007
The Law
Reform Commission of Western Australia has released its Review of the
law of homicide (Project No. 97). This report considers:
- the distinction between wilful murder and murder
- the defences to homicide including self-defence and
provocation
November 6, 2007
The Motor Vehicle Fuel Consumption Standards Act, R.S.C. 1985, c.
M-9, has been brought into force by the following
proclamations:
- the whole act except sections 3, 5 and 11 to 16 proclaimed into
force effective November 2, 2007, P.C. 2007-1685
- sections 3, 5 and 11 to 16 proclaimed into force effective
November 2, 2007, P.C. 2007-1686
November 5, 2007
LegalPubs.ca is an RSS
driven web page of the most recent titles offered by Canadian legal
publishers such as Canada Law Book, CCH, Irwin Law, Lexis Nexis
Canada, and Thomson Carswell.
The following regulation was published in the Saskatchewan
Gazette, Part II,
Vol. 103, No. 44, November 2, 2007:
- SR 118/2007 The Milk Control Amendment Regulations, 2007 (No.
10)
November 2, 2007
The Law Society of Saskatchewan is seeking a qualified candidate
to serve as a representative on the CanLII Board. Please send
letters of interest to Tom Schonhoffer at reception@lawsociety.sk.ca
before November 23, 2007.
November 1, 2007
Persuading
judges in writing: Tips for lawyers (and how technology can
help), by Troy Simpson, offers tips for developing a writing
style that combines logic, emotion and credibility, the three
persuasion processes. This article is available on LLRX.com.
October 30, 2007
The Law Society of Saskatchewan is seeking volunteers to fill a
vacancy on the Law Foundation of Saskatchewan board. Please send
expressions of interest along with practice information and a
current curriculum vitae to the Law Society at reception@lawsociety.sk.ca
on or before November 23, 2007.
October 29, 2007
The Saskatchewan Provincial Court has ruled that a Métis person
living in Regina who has established connections with the historic
and contemporary Qu'Appelle Valley Métis community has the right to
fish for food pursuant to s. 35(1) of the Constitution Act, 1982.
The Court adopted the regional approach in defining "community" as
used in R. v. Laviolette,
2005 SKPC 70. R. v. Belhumeur,
2007 SKPC 114, was handed down on October 18, 2007.
October 26, 2007
The
October November 2007 issue of The National is now available
online. This issue's cover story is about dealing with data
overload.
October 23, 2007
Please note that the dates for the Interest Based Negotiation
training by the Collaborative Lawyers of Saskatchewanhave been
changed to November 21, 22 and 23, 2007.
October 22, 2007
The following regulations were published in the Saskatchewan
Gazette, Part II,
Vol. 103, No. 42, October 19, 2007:
- A-18.011 Reg 5 The Gaming Regulations, 2007 / Règlement de 2007
A-18.011 Règl. 5 sur les jeux de hasard
- P-31 Reg 19 The Seabee Surface Lease Agreement Regulations,
2007
- SR 112/2007 The Northern Municipalities Revenue Sharing Program
Amendment Regulations, 2007 (No. 2)
- SR 113/2007 The Northern Revenue Sharing Grants Amendment
Regulations, 2007
- SR 114/2007 The Rural Municipalities Revenue Sharing Amendment
Regulations, 2007 (No. 2)
- SR 115/2007 The Condominium Property Amendment Regulations,
2007
- SR 116/2007 The Small Claims Amendment Regulations, 2007 / RS
116/2007 Règlement de 2007 modifiant le Règlement de 1998 sur les
petites créances
- SR 117/2007 The Saskatchewan Gaming Corporation Casino
Amendment Regulations, 2007 / RS 117/2007 Règlement de 2007
modifiant le Règlement de 2002 relatif aux casinos exploités par la
Société des jeux de hasard de la Saskatchewan
Part 7 of the Budget Implementation Act, 2007, S.C.
2007, c. 29, is proclaimed into force, effective October 26,
2007 (P.C. 2007-1602).
October 19, 2007
The Law Society administration office, Regina library and
Saskatoon library will be closed today at 2:00 p.m. in preparation
for the President's Centennial Gala. We apologize for any
inconvenience, and hope to see you at the Gala.
The next SKLESI seminar Women and the Law 2007 will be held in
Regina on October 25 and in Saskatoon on October 26. The dinner
speaker will be Sue Paish, Q.C., CEO of Pharmasave Drugs (National)
Ltd, and former managing partner of Fasken Martineau Dumoulin in
Vancouver.
The Consumer
Price Index for September 2007 is now available. Prices rose by
2.5% between September 2006 and September 2007.
October 17, 2007
The Throne Speech marking the opening of the Second Session of
the 39th Parliament of Canada is available online.
Rules Amending the Federal Courts Rules (Case Management),
SOR/2007-214, were published in the Canada Gazette, Part II,
Vol. 141, No. 21, October 17, 2007.
October 16, 2007
The Native Women's Association
of Canada has released Matrimonial
real property solutions: A People's Report. The report
summarizes issues and solutions surrounding property rights on
reserves.
October 15, 2007
The Collaborative Lawyers
of Saskatchewan Inc. is sponsoring two upcoming training
sessions: Interest Based Negotiation, on November 14, 15, and 16,
and Collaborative Law Training, on December 13 and 14. For more
information or to pre-register contact Shirley Costron at (306)
584-3581.
The Consumer Protection Amendment Act, 2006,
S.S. 2006, c. 15, is proclaimed into force, effective October
15, 2007.
The following regulations were published in the Saskatchewan
Gazette, Part II,
Vol. 103, No. 41, October 12, 2007:
- SR 105/2007 The Minimum Wage Amendment Regulations, 2007
- SR 106/2007 The Saskatchewan Medical Care Insurance Payment
Amendment Regulations, 2007 (No. 4)
- SR 107/2007/ RS 107/2007 The Justices of the Peace Amendment
Regulations, 2007/ Règlement de 2007 modifiant le Règlement de 1989
sur les juges de paix
- SR 108/2007 The Municipal Police Equipment Amendment
Regulations, 2007
- SR 109/2007 The Cities Amendment Regulations, 2007 (No. 2)
- SR 110/2007 The Northern Municipality Assessment and Taxation
Amendment Regulations, 2007
- SR 111/2007 The Municipalities Amendment Regulations, 2007 (No.
2)
October 12, 2007
The Office of the
Saskatchewan Information and Privacy Commissioner has
released its review report dealing with the University of
Saskatchewan, LA-2007-001.
October 11, 2007
Saskatchewan Justice Minister and Attorney General Frank
Quennell
announced that the monetary limit for cases heard by small
claims court will increase from $15,000 to $20,000 on November 1,
2007.
October 10, 2007
Lian M. Schwann is appointed
Registrar of the Court of Appeal (effective September 18, 2007) and
Registrar in Bankruptcy (effective October 1, 2007).
Marilou McPhedran is
appointed Chief Commissioner of the Saskatchewan Human Rights
Commission. Ms. McPhedran is currently the visiting professor
holding the Ariel F. Sallows Chair in Human Rights at the
University of Saskatchewan College of Law
October 9, 2007
The CBA Task Force on Conflicts of Interest has released
its consultation paper: Practical difficulties with today's
conflict of interest rules. The committee is asking for comments on
the following issues before November 29, 2007:
- Are loyalty requirements being interpreted appropriately?
- Should presumptions of information-sharing within a law firm be
rebuttable?
- Should retainer letters be encouraged or required?
- Do the rules pose problematic challenges for particular
practice areas, and rural and remote communities?
The following regulations were published in the Saskatchewan
Gazette, Part II,
Vol. 103, No. 40, October 5, 2007:
- C-30.1 Reg 2 The Consumer Protection Regulations, 2007
- SR 97/2007 The Municipalities Amendment Regulations, 2007
- SR 98/2007 The Ministerial Assistant Employment Amendment
Regulations, 2007
- SR 99/2007 The Canada-Saskatchewan Specified Risk Material
Management Program Amendment Regulations, 2007
- SR 100/2007 The Meat Processing Investment Rebate Program
Amendment Regulations, 2007
- SR 101/2007 The Freedom of Information and Protection of
Privacy Amendment Regulations, 2007
- SR 102/2007 The Local Authority Freedom of Information and
Protection of Privacy Amendment Regulations, 2007
- SR 103/2007 The Safer Communities and Neighbourhoods Amendment
Regulations, 2007
- SR 104/2007 The Apprenticeship and Trade Certification
Amendment Regulations, 2007
Dates for the 2008 sittings of the Court of Appeal for Saskatchewan
were published in the Saskatchewan Gazette, Part I,
Vol. 103, No. 40, October 5, 2007.
October 5, 2007
Members of the bar and the public are invited to attend the swearing-in ceremony of Judge
Felicia M.A.L. Daunt to the Provincial Court, Friday, October
5, 2007 at 10 a.m. at the La Ronge Provincial Court House.
Members of the bar and the public are invited to attend the swearing-in ceremony of Judge
D. Murray Brown to the Provincial Court, Friday, October 5,
2007 at 4 p.m. at the Regina Provincial Court House.
October 3, 2007
Federal Minister of Finance James Flaherty has released draft Legislative
proposals, explanatory notes and overview relating to registered
disability savings plans. These proposals would amend the
Income Tax Act and Regulations, and implement the Registered
Disability Savings Plan (RDSP), Canada Disability Savings Grants
(CDSG) and Canada Disability Savings Bonds (CDSB).
October 2, 2007
A new article on CBA
PracticeLink,
Ethics in the electronic era: Avoiding the icebergs, by Sharon
Nelson and John Simek, lists common technology mistakes that can
lead to malpractice.
October 1, 2007
The Occupational Health and Safety (Harassment Prevention)
Amendment Act, 2007,
S.S. 2007, c. 34 is proclaimed into force effective October 1,
2007.
A new article featured on LLRX.com, The veil doctrine in
company law, written by Amin George Forji, discusses theories
for the lifting of the corporate veil and reviews significant case
law on the issue.
The following regulation was published in the Saskatchewan
Gazette, Part II,
Vol. 103, No. 39, September 29, 2007:
- SR 96/2007 The Milk Control Amendment Regulations, 2007 (No.
9)
An Act to provide for jurisdiction over education on First Nation
lands in British Columbia, S.C.
2006, c. 10, is proclaimed into force, effective November 22,
2007 (P.C. 2007-1446)
September 28, 2007
The Law Reform
Commission of Saskatchewan has released two consultation
papers: Vaccination and the law, and Corporate fiduciary services:
Should corporate trustees and fiduciaries other than trust
companies be permitted?
La Fédération des
associations de juristes d'expression française de common law inc.
(FAJEFCL) has released its report: National
study on family law in French. This report identifies existing
resources and gaps in family law services available in French.
September 26, 2007
The Law Society is seeking nominations for the C. Willy Hodgson
Award. The C. Willy Hodgson Award is presented to individuals or
organizations who exemplify integrity, leadership and character,
and have made or are making outstanding contributions to advancing
equity and diversity in legal education, the legal profession
and/or the administration of justice in Saskatchewan or in
Canada.
September 25, 2007
The latest issue of the National,
September 2007, Vol. 16, No. 6, is now available online. This
issue features interviews with several Saskatchewan lawyers.
Jacqueline Ferraton talks about practicing law in a small town.
Donald Worme and Joel Hesje discuss their roles as commission
counsel for the Ipperwash and Stonechild Inquiries.
September 24, 2007
The following regulations were published in the Saskatchewan
Gazette, Part II,
Vol. 103, No. 38, September 21, 2007:
- F-8.001 Reg 33 The Wildlife Damage Compensation Program
Regulations
- R-8.2 Reg 7 The Health Centres (Hospital Standards Adoption)
Regulations
- SR 82/2007 The Attending Health Professionals Amendment
Regulations, 2007
- SR 83/2007 The Drug Schedules Amendment Regulations, 2007
- SR 84/2007 The Health Districts Repeal Regulations
- SR 85/2007 The Hospital Comprehensive Purchasing Repeal
Regulations
- SR 87/2007 The Medical Laboratory Licensing Amendment
Regulations, 2007
- SR 88/2007 The Regional Health Services Administration
Amendment Regulations, 2007
- SR 89/2007 The Saskatchewan Medical Care Insurance Payment
Amendment Regulations, 2007 (No. 3)
- SR 90/2007 / RS 90/2007 The Vital Statistics Amendment
Regulations, 2007 (No. 2) / Règlement nº2 de 2007 modifiant le
Règlement sur les services de l'état civil
- SR 91/2007 The Occupational Health and Safety Amendment
Regulations, 2007 (No. 2)
- SR 92/2007 The Training Allowance Amendment Regulations, 2007
(No. 3)
- SR 93/2007 The Training Programs Amendment Regulations,
2007
- SR 94/2007 The Disability Housing Supplement Amendment
Regulations, 2007
- SR 95/2007 The Rental Housing Supplement Amendment Regulations,
2007
The following regulation was published in the Saskatchewan Gazette,
Part III,
Vol. 103, No. 38, September 21, 2007:
- SR 86/2007 The Hospital Standards Amendment Regulations,
2007
September 21, 2007
The new Lawyers' Professional Liability Insurance Group Policy
is now available. Law Society members should print the policy and
file it in their Insurance and Loss Prevention handbook.
Gaining an Edge: Recognizing Current Trends & Understanding
Financial and Taxation Issues in Family Law, the Saskatchewan Trial Lawyers
Association Fall Conference, will be November 23, 2007 in
Regina. Philip Epstein and Andrew Freedman are the featured
presenters. Please contact the STLA office for more details.
Not If,
But When: Prepare a Disaster Recovery Plan Today, the latest CBA
PracticeLink article by Edward Poll, features checklists for
developing and implementing a disaster recovery plan for law
firms.
September 20, 2007
Section 47 of An Act to amend certain laws relating to financial
institutions, S.C. 1997, c. 15, is proclaimed into force effective
October 2, 2007, P.C. 2007-1347.
The Queen's Bench for Saskatchewan has certified a class action
suit against cellphone companies charging users for "system access
fees". Frey v. Bell Mobility Inc.,
2007 SKQB 328, was handed down on September 17, 2007
September 19, 2007
An Order Amending the Approved Breath Analysis Instruments
Order, SOR 2007-197, was published in the Canada Gazette, Part II,
Vol. 141, No. 19, September 19, 2007. This order approves the
Intoxilyzer 8000 C as an "approved instrument" for the purposes of
the Criminal Code.
The federal government announced
the implementation of the Indian Residential Schools Settlement
Agreement. Starting today and until September 19, 2011, former
students of Indian Residential Schools will be able to submit
Common Experience Payment applications. The government released a
backgrounder to clarify which applications would be accepted at
this point. The Common Experience Payment page on the Service
Canada website has more information on the application procedure
and links to the official forms.
The
Consumer Price Index for August 2007 is now available. Prices
rose by only 1.7% when compared to August 2006.
September 18, 2007
Saskatchewan Justice has launched its new website. Of special
note, the Inter-jurisdictional Support Orders (ISO) Unit has
expanded its online information, and now includes a link to its
Form Support Guide and Application packet.
The Proclamation Proroguing Parliament to October 16, 2007 was
published in the Canada Gazette, Part II,
Extra Vol. 141, No. 2, September 15, 2007.
September 17, 2007
The Law Society is pleased to announce that Donna Sigmeth is
appointed as Deputy Director.
Three new Provincial Court judges
have been appointed. Margaret Gordon of Moosomin is appointed
to the Provincial Court of Moose Jaw. Felicia Daunt of La Ronge is
appointed to the Provincial Court of La Ronge. Donald M. Brown of
Regina is apppointed to the Provincial Court for Regina.
All ISC
offices, including the Customer Support Toll Free Line, will be
closed on Monday September 17, 2007.
September 14, 2007
The Court Security Act,
S.S. 2007, c. C-43.11 is proclaimed in force on September 15,
2007.
September 13, 2007
The official launch ceremony for the Canada Post
stamp honouring the Law Society of Saskatchewan took place today at
Government House.
September 12, 2007
A mother who intentionally breached the provisions of a divorce
order dealing with medical and educational matters has been found
in contempt and placed on probation for 36 months. The Court found
that while the mother had breached the order on numerous occasions,
and caused a serious strain on the relationship between father and
child, she was a first-time offender, so it was fit and just that
her sentence for civil contempt be suspended. Geremia v. Harb,
2007 CanLII 30750 (ON S.C.)
September 11, 2007
ISC will be
conducting an employee development workshop for all its employees
on Monday September 17, 2007. As a result, all ISC offices -
including the Customer Support Toll Free Line - will be closed for
the entire day. All ISC offices will re-open Tuesday September 18,
2007 for regular business hours.
The following ISC services will not be available when the
offices are closed:
- Packet processing for the Land Registry
- Plan examination and approval
- Routine customer support through the Toll Free Line and the
Customer Service Centres
- Staff assisted searches of the SPPR
The following online ISC services will still be available:
- Online searches (Land Registry, Plans, SPPR, Saskatchewan Writ
Registry, etc.)
- Packet submissions
- OLS
- SPPR
ISC will be providing emergency customer support during this
office closure. Detailed emergency response instructions will be
made available on the Customer Support Toll Free Line
(1-866-275-4721) on Monday, September 17 for any issues that cannot
wait until the return to normal business hours on Tuesday,
September 18.
September 10, 2007
The Honourable Madam Justice Pritchard has ordered the Prairie
Valley School Division Board of Education to apply its Guiding
Principles for Transportation Decisions with School Closure/Grade
Discontinuance when dealing with Glenavon School parents' requests
for busing their children to the school in Wolseley. The Court
found that the Board had not used these principles when making
busing decisions for the displaced Glenavon students. Loffler v.
Prairie Valley School Division No 208 (Board of Education),
2007 SKQB 321
The following regulations were published in the Saskatchewan
Gazette, Part II,
Vol. 103, No. 36, September 7, 2007:
- SR 75/2007 The Milk Control Amendment Regulations, 2007 (No.
8)
- SR 76/2007 The Saskatchewan Watershed Authority Amendment
Regulations, 2007
- SR 77/2007 The Automobile Accident Insurance (Injury) Amendment
Regulations, 2007 (No. 2)
- SR 78/2007 The Driver Licensing and Suspension Amendment
Regulations, 2007 (No. 3)
- SR 79/2007 The Personal Injury Benefits Amendment Regulations,
2007 (No. 2)
- SR 80/2007 The Information Technology Office Service Amendment
Regulations, 2007
- SR 81/2007 The Securities Commission (Adoption of National
Instruments) Amendment Regulations, 2007 (No. 4)
September 7, 2007
The Supreme Court of British Columbia has ruled that a four-time
bankrupt be allowed to apply for discharge after 2 years, rather
than the 15 year suspension requested by the Superintendent of
Bankruptcy. Master Young wrote, "By denying the discharge today and
giving him an opportunity to reapply in two years, at least I am
giving him some hope that if he changes and shows some indication
of financial prudence, then he may receive a shorter suspension of
discharge than 15 years." Kusch (Re),
2007 BCSC 618 (CanLII)
September 6, 2007
The Securities Transfer Act,
S.S. 2007, c. S-42.3, is proclaimed into force effective
September 1, 2007.
The Gunshot and Stab Wounds Mandatory Reporting Act,
S.S. 2007, c. G-9.1, is proclaimed into force September 1,
2007.
September 5, 2007
Advocacy in Collaborative Practice, a teleseminar presented by
the Collaborative Lawyers of
Saskatchewan Inc., will be held on Tuesday, September 25, 2007
from 12: to 1:15 p.m. Brad Hunter and Ronald Miller will be the
presenters.
September 4, 2007
Law Society members are invited to submit nominations for
Queen's Counsel appointments. The deadline for nominations is
November 1, 2007.
Dates for additional Saskatoon sittings of the Court of Appeal
for Saskatchewan were published in the Saskatchewan Gazette, Part
I,
Vol. 103, No. 35, August 31, 2007.
August 31, 2007
Saskatchewan Justice
announced the creation of the Victims Compensation Appeal
Committee. The committee, chaired by Greg Walen, Q.C., will hear
appeals regarding the Victims Compensation Programs decisions about
reimbursement. The Victims Compensation Appeal Committee was
established by the Victims of Crime Amendment Act, 2006,
S.S. 2006, c. 37.
August 29, 2007
Judicial Treatment of the Undue Hardship Provisions of the
Federal Child Support Guidelines, by Stuart Zukerman, reviews
recent decisions on claims of undue hardship under section 10 of
the Federal Child Support Guidelines. This paper is available from
the Continuing Legal Education Society of British Columbia.
August 28, 2007
The Saskatchewan Practice Checklist is now available online in
the Members' Section. The Practice Checklist has been entirely
revised. Please download the files in their entirety and replace
the contents of your existing binders. If you require a binder and
tabs, please contact the Law Society at (306) 569-8242. A set can
be purchased for $20.00 plus GST. You may also purchase contents
only for $35.00 plus GST.
The Court of Appeal for Ontario has ruled that Stephen Truscott
should stand acquitted of the murder of Lynne Harper, based on a
review of the evidentiary record and the additional material not
previously judicially considered. Truscott (Re),
2007 ONCA 575. Motions and Applications Related to the
Reference will be available on the Court's website until February
28, 2008.
August 27, 2007
Lian M. Schwann is appointed as Acting Registrar of the Court of
Appeal and Acting Registrar in Bankruptcy. This appointment is
effective July 16, 2007.
The following regulations were published in the Saskatchewan
Gazette, Part II,
Vol. 103, No. 34, August 24, 2007:
- SR 70/2007 The Treaty Land Entitlement Withdrawal Amendment
Regulations, 2007
- SR 71/2007 The Automobile Accident Insurance (Injury) Amendment
Regulations, 2007
- SR 72/2007 The Driver Licensing and Suspension Amendment
Regulations, 2007 (No. 2)
- SR 73/2007 The Personal Injury Benefits Amendment Regulations,
2007
- SR 74/2007 / RS 74/2007 The Traffic Safety Court of
Saskatchewan Amendment Regulations, 2007 / Règlement de 2007
modifiant le Règlement sur le Tribunal de la sécurité routière de
la Saskatchewan
August 24, 2007
The Federal Court of Appeal has ruled that the Board of Referees
has made no error in dismissing an applicant's claim that the
maternity provisions of the Employment Insurance Act, S.C. 1996, c.
23, contravene section 15 of the Canadian Charter of Rights and
Freedoms. Under the Act, biological mothers are entitled to
maternity benefits and parental benefits, while adoptive mothers
are only entitled to parental benefits. The Court concluded that
"in granting maternity benefits to birth mothers Parliament rightly
recognized that pregnancy and childbirth justified the granting of
particular benefits by reason of the physical and psychological
consequences of pregnancy." (Tomasson v. Canada (Attorney General),
2007 FCA 265.)
August 23, 2007
The Law Society of Saskatchewan Library in Regina is searching
for a clerical assistant for a three-month term position. The
position is available immediately for the right candidate.
August 22, 2007
Alternative dispute resolution (ADR) in Aboriginal contexts: a
critical review, a report prepared by Wenona Victor for the
Canadian Human Rights Commission, examines the common challenges of
issues of power, cultural differences, language barriers and
impacts of colonialism on Indigenous and Western approaches in ADR.
While the Western-based approach includes negotiation,
conciliation, arbitration and mediation, the Indigenous approach
includes a call for the rejuvenation and reclamation of
culturally-grounded methods of dispute resolution, which will
differ from one Aboriginal group to another.
August 21, 2007
The
Consumer Price Index for July 2007 is now available. Once
again, consumer prices rose 2.2%.
Confidential Information in Litigation, a paper by Karen
Weslowski, provides an overview of the use of implied undertakings
of confidentiality as a common law protection for litigants'
privacy. This paper also discusses when documents from one claim
can be used in another claim, and when documents can be used by
police or others. This paper was written for the CLEBC Personal
Injury Conference held in June 2007 and is available from the
Continuing Legal Education Society of British Columbia website.
August 20, 2007
Saskatchewan Justice has announced that the Gunshot and Stab
Wounds Mandatory Reporting Act,
S.S. 2007, c. G-9.1, will be proclaimed into force effective
September 1, 2007.
August 17, 2007
The July/August issue of the National is now available online.
This issue features articles on water law, identity theft and
cameras in the courtroom.
August 15, 2007
The Law Reform Commission of Nova Scotia has released the
report, Grandparent-Grandchild:
Access. The report discusses whether grandparents' access to
their grandchildren should be an automatic or presumptive
right.
August 14, 2007
Dismissing the Probationary and Short-Term Employee: Has the
Court Recognized the Imbalance of Power or Have Judges Simply Gone
Too Far?, by Simon K. Kent and Catherine Keri, discusses wrongful
dismissal cases and trends towards longer notice periods for
probationary and short-term employees. This article is available
from the Continuing Legal Education Society of British
Columbia.
August 13, 2007
The following regulations were published in the Saskatchewan
Gazette, Part II,
Vol. 103, No. 32, August 10, 2007:
- SR 65/2007 The Public Service Amendment Regulations, 2007
- SR 66/2007 The Crown Resource Land Amendment Regulations,
2007
- SR 67/2007 The Occupational Health and Safety Amendment
Regulations, 2007
- SR 68/2007 The Vital Statistics Amendment Regulations, 2007/RS
68/2007 Règlement de 2007 modifiant le Règlement sur les services
de l'état civil
- SR 69/2007The Employment Program Amendment Regulations,
2007
August 10, 2007
It's knucks time again! The 4th Annual Stuart Eisner Memorial
Golf Tournament is on Friday, August 17, 2007, at the West Course,
Saskatoon Golf & Country Club in Saskatoon. Tee time is at 1
p.m. with dinner at 6 p.m.
August 9, 2007
The Emergency Management Act, S.C.
2007, c. 15, is proclaimed into force effective August 3, 2007,
except for section 12 which came into force on June 22, 2007 (P.C.
2007-1162).
August 8, 2007
Privacy Commissioner of Canada Jennifer Stoddart has released 2
documents:
Introduction to key steps for organizations in responding to
privacy breaches and
Privacy breach checklist. These voluntary guidelines were
developed to assist organizations dealing with the aftermath of a
privacy breach.
August 7, 2007
Proposed regulations which would revise the definition of
"eligible financial contract" to make it consistent with that
of the European Union and the United States, were published in the
Canada Gazette, Part I,
Vol. 141, No. 31, August 4, 2007. The definition can currently
be found in the following federal acts: the Bankruptcy and
Insolvency Act, the Companies' Creditors Arrangement Act, the
Winding-up and Restructuring Act, the Canada Deposit Insurance
Corporation Act, and the Payment Clearing and Settlement Act.
August 2, 2007
Please note that Friday, August 3, 2007, is the Government
Floating Holiday and Monday, August 6, 2007, is Saskatchewan Day.
The courthouse libraries in Regina and Saskatoon will be closed on
both of these days. Regular hours will resume on Tuesday, August 7,
2007.
August 1, 2007
Federal Court Judge Dolores Hansen has struck down the
Regulations amending the Canadian Wheat Board Regulations,
SOR 2007-131, that would have allowed farmers to sell their
barley independently starting August 1, 2007. (Canadian Wheat Board
v. Canada (Attorney General),
2007 FC 807.)
July 31, 2007
The Law Society is pleased to announce Reché McKeague as
Assistant Complaints Counsel, a new position within the Law
Society, effective July 30, 2007. Reché was previously an
associate with Robertson Stromberg Pederson in Saskatoon.
Welcome Reché!
Does
a judge's party of appointment or gender matter to case outcomes?
An empirical study of the Court of Appeal for Ontario (Canada),
a study by James Stribopoulos and Moin Yahya, showed that in
certain categories of cases, both party of appointment and gender
are statistically significant in explaining case outcomes. This
study looked at data collected on the votes cast by individual
appellate judges in every reported decision between 1990 and 2003,
coding by type of law, type of litigant, the judge's gender, and
the political party that appointed the judge. This paper will be
published in an upcoming issue of the Osgoode Hall Law Journal, but
is currently available for download on the Social Science Research
Network.
July 30, 2007
The Saskatchewan Lawyers' Insurance Association (SLIA) is
seeking a legal counsel. The successful applicant will be
responsible for defending liability claims against lawyers and
managing the insurance program.
Dates for chambers and court sittings for Her Majesty's Court of
Queen's Bench for Saskatchewan for the period commencing September
4, 2007, and ending June 27, 2008, were published in the
Saskatchewan Gazette, Part I,
Vol. 103, No. 30, July 27, 2007.
The following regulations were published in the Saskatchewan
Gazette, Part II,
Vol. 103, No. 30, July 27, 2007:
- T-18.1 Reg 6 The Vehicle Inspection Procedures Regulations,
2007
SR 64/2007 The Milk Control Amendment Regulations, 2007 (No.
7)
July 27, 2007
Justice
Canada has released
What happens next? Information for kids about separation and
divorce, a publication about family law developed for children
between the ages of 9 and 12.
July 26, 2007
The Benchers are pleased to announce the appointment of Tom
Schonhoffer, Q.C., as Executive Director of the Law Society of
Saskatchewan. This appointment is effective immediately.
Congratulations!
July 25, 2007
The Saskatchewan Trial Lawyers
Association is offering two teleseminars this Fall:
- Wrongful Dismissal - Monday, September 10, 2007 at 12 p.m.,
presented by Eileen Libby and Sue Barber
- Immigration Law - Thursday, October 25, 2007 at 12 p.m.,
presented by Chris Veeman
July 24, 2007
Saskatchewan Industry and Resources
announced amendments to the Oil and Gas Conservation Act,
R.S.S. 1978, c. O-2 and the Oil and Gas Conservation
Regulations,
R.R.S. c. O-2, Reg. 1, which introduce the Saskatchewan Orphan
Well and Facility Liability Management Program and mandatory
licensing of all upstream oil and gas facilities in Saskatchewan. A
summary of changes to the Oil and Gas Conservation Regulations,
1985
is available. This document outlines amendments in the areas of
well licensing, safety signage, site reclamation, equipment
spacing, setback distances, emergency response plans and spill
reporting.
July 23, 2007
The Law Society of Saskatchewan Library is searching for a
well-organized individual to provide confidential executive support
to the Director of Libraries located in Regina.
The following regulations were published in the Saskatchewan
Gazette, Part II,
Vol. 103, No. 29, July 20, 2007:
- G-9.1 Reg 1 The Gunshot and Stab Wounds Mandatory Reporting
Regulations
- SR 61/2007 The Wildlife Amendment Regulations, 2007
- SR 62/2007 The Wildlife Management Zones and Special Areas
Boundaries Amendment Regulations, 2007
- SR 63/2007 The Training Allowance Amendment Regulations, 2007
(No. 2)
July 19, 2007
Participating in crime (LAW COM No. 305), a report from the Law
Commission, looks at the circumstances in which a person ought to
be criminally liable for assisting or encouraging another person to
commit an offence. This report is a follow-up to Inchoate liability
for assisting and encouraging crime (LAW COM No. 300), released in
2006 by the Law Commission.
July 18, 2007
The
Consumer Price Index for June 2007 is now available. Consumer
prices again increased by 2.2% compared with June 2006.
An inquest into the death of Terry Claude Adams
will be held July 31, at 10 a.m. at the Prince Albert Queen's
Bench Courthouse. Adams died September 22, 2006 while in custody at
the Saskatchewan Penitentiary in Prince Albert.
July 17, 2007
The 2007 Canadian Conference on Elder Law: Moving Forward,
Moving Beyond, will be held November 8-10, 2007 in Vancouver, B.C.
Special speakers will include the Honourable Chief Justice of
Canada Beverley McLachlin, Michael Valpy, and Rebecca Morgan.
July 16, 2007
The following regulations were published in the Saskatchewan
Gazette, Part II,
Vol. 103, No. 28, July 13, 2007:
- SR 56/2007 The Individual Cattle Feeder Loan Guarantee
Amendment Regulations, 2007
- SR 57/2007 The Health Hazard Amendment Regulations, 2007
- SR 58/2007 The Saskatchewan Medical Care Insurance Payment
Amendment Regulations, 2007 (No. 2)
- SR 59/2007 / RS 59/2007 The Administration of Estates Amendment
Regulations, 2007 / Règlement de 2007 modifiant le Règlement
sur l'administration des successions
- SR 60/2007 The Public Guardian and Trustee Amendment
Regulations, 2007
The federal government has announced the creation of the
Competition Policy Review Panel. The panel's core mandate is to
review Canada's competition policies and its framework for foreign
investment policy. A report of the panel's findings is expected by
June 30, 2008.
July 11, 2007
The following regulations were published in the Saskatchewan
Gazette, Part II,
Vol. 103, No. 27, July 6, 2007:
- G-5.2 Reg 1 The Graduate Tax Exemption Regulations
- SR 51/2007 The Public Employees Pension Plan Amendment
Regulations, 2007
- SR 52/2007 The Superannuation Acts Uniform Amendment
Regulations, 2007
- SR 53/2007 The Rural Municipalities Revenue Sharing Amendment
Regulations, 2007
- SR 54/2007 The Prescription Drugs Amendment Regulations,
2007
The following regulation was published in the Saskatchewan
Gazette, Part III,
Vol. 103, No. 27, July 6, 2007:
- SR 55/2007 The Saskatchewan Assistance Plan Supplementary
Health Benefits Amendment Regulations, 2007
July 10, 2007
Mary Elizabeth Dawson is appointed the Conflict of Interest and
Ethics Commissioner of Canada, effective July 9, 2007. The
commissioner is responsible for administering the Conflict of
Interest Act, S.C.
2006, c. 9, s. 2 which came into force by proclamation on July
9, 2007.
July 9, 2007
Creative Commons Canada has released the Podcasting legal guide
for Canada: Northern rules for the revolution. This guide discusses
copyright issues about the use of text and music within podcasts,
and legal options for distributing, licensing and copyrighting
podcasts.
July 6, 2007
Sections 2 to 34 of the Federal Accountability Act, S.C.
2006, c. 9, are proclaimed into force effective July 9, 2007
(P.C. 2007-1111).
The Supreme Court of Canada has created a portal for
self-represented litigants. The site provides detailed
checklists and instructions as well as samples of appeal books and
motions for both applicants and respondents.
July 5, 2007
The Office of the Information and Privacy Commissioner of
Saskatchewan has released its 2006-2007
Annual Report.
The following proposed regulations were published in the Canada
Gazette, Part I,
Vol. 146, No. 26, June 30, 2007:
- Rules Amending Certain Rules Governing Practice and Procedure
Applicable to the Federal Courts (Representative Proceedings, Class
Proceedings and Other Amendments)
- Proceeds of Crime (Money Laundering) and Terrorist Financing
Administrative Monetary Penalties Regulations
- Regulations Amending Certain Regulations Made Under the
Proceeds of Crime (Money Laundering) and Terrorist Financing Act
(2007-2)
July 4, 2007
In order to facilitate greater geographic and economical
accessibility to the Court, the Provincial Court has established a
Protocol
for Telephone Appearances by Counsel in Criminal Matters in
order to encourage greater use by counsel when appropriate and to
ensure these appearances are arranged efficiently and conducted
with the proper decorum required for all Court appearances.
July 3, 2007
Stanley D. Loewen is
appointed judge of the Provincial Court of Prince Albert.
The following regulation was published in the Saskatchewan
Gazette, Part II,
Vol. 103, No. 26, June 29, 2007:
- SR 50/2007 The Securities Commission (Adoption of National
Instruments) Amendment Regulations, 2007 (No. 3)
June 29, 2007
The Securities Amendment Act, 2007,
S.S. 2007, c. 41, is proclaimed into force effective July 1,
2007, except for sections 3(19), 10(3), 15, 16, 25 to 33, 39 to 42,
50 to 54, 56 and 58.
Judge Carol Snell
is appointed Chief Judge of the Provincial Court of
Saskatchewan effective January 1, 2008.
June 28, 2007
An Act to Amend the Divorce Act (Access for Spouse Who is
Terminally Ill or in Critical Condition),
S.C. 2007, c. 14, came into force on Royal Assent on May 31,
2007. This act provides that a former spouse who is terminally ill
or in critical condition may gain access to a child of the
marriage.
The Office of the Correctional Investigator has released its
Deaths in Custody Study: Final Report. This study looked at 82
reported suicides, homicides and accidental deaths of federal
inmates during the period from 2001 to 2005.
June 27, 2007
The Canadian Bar
Association has
launched a Task Force on Conflicts of
Interest in Law Firms. The mandate of the Task Force is:
- to propose practical guidelines for the profession in applying
the duty of loyalty, and in implementing appropriate modifications
or waivers of the duty
- to consider the appropriate scope and content of client
engagement letters
- to propose practical guidelines for the profession in the
application of the duty of confidentiality, particularly in the
areas of deemed knowledge and relevance of information
The following regulations were published in the Canada Gazette,
Part II,
Vol. 141, No. 13, June 27, 2007:
June 26, 2007
The latest Burney's Legal Tech Reviews - Gadgets for Legal
Pros reviews the Tom Bihn Brain Cell laptop bag and Outlets to
Go compact power strips.
The Supreme Court of British Columbia has ruled that section 6
of the Indian Act, R.S.C. 1985, c. I-5, discriminates against
Canadians born prior to April 17, 1985 who trace their aboriginal
roots through their female relatives, violating section 15(1) of
the Charter of Rights. (McIvor v. Canada (Registrar, Indian and
Northern Affairs),
2007 BCSC 827.)
June 25, 2007
The following regulations were published in the Saskatchewan
Gazette, Part II,
Vol. 103, No. 25, June 22, 2007:
- M-32.1 Reg 13 The Urban Municipalities Revenue Sharing
Regulations, 2007
- SR 43/2007 The Local Improvements Forms Amendment Regulations,
2007
- SR 44/2007 The Milk Control Amendment Regulations, 2007 (No.
6)
- SR 45/2007 The Assessment Management Agency Amendment
Regulations, 2007
- SR 46/2007 The Northern Municipalities Revenue Sharing Program
Amendment Regulations, 2007
- SR 47/2007 The Child Care Amendment Regulations, 2007
- SR 48/2007 The Labour Standards Amendment Regulations, 2007
(No. 3)
- SR 49/2007/ RS 49/2007 The Change of Name Amendment
Regulations, 2007 / Règlement de 2007 modifiant le Règlement de
1996 sur le changement de nom
June 20, 2007
The
June 2007 issue of the National is now available online. This
issue features articles on practicing in the North and dealing with
client conflicts when switching law firms.
Justice Canada has released its
Applications for Ministerial Review - Miscarriages of Justice
Annual Report 2006, covering the period of April 1, 2005 to
March 31, 2006.
June 19, 2007
The following sections of the Oil and Gas Conservation Amendment
Act, 2001,
S.S. 2001, c. 26, are proclaimed into force effective June 19,
2007:
- sections 1 to 5, 7 to 9, 11, 13 and 15 to 17
Section 8 of the Assisted Human Reproduction Act, S.C.
2004, c. 2, is proclaimed into force effective December 1, 2007
(P.C. 2007-957).
The Office of the Saskatchewan Information and Privacy
Commissioner has released Investigation Report H-2007-001,
which looked into unsealed or improperly sealed envelopes
containing personal health information from Saskatchewan Health.
Commissioner Gary Dickson found that Saskatchewan Health failed to
take reasonable measures to minimize the risk of improper
disclosure of personal health information such as birth
certificates, health services numbers and drug plan information.
The Commissioner made 6 specific recommendations to improve the
mail-out processes.
The
Consumer Price Index for May 2007 is now available. Consumer
prices increased 2.2% on average in May 2007 in comparison with May
2006.
June 18, 2007
A recent article from LLRX.com, Faulkner's Practical Web
Strategies for Attorneys, Are You Ready For the Web-Based
Office, recommends web tools for small firms to help lessen
office costs.
June 14, 2007
The following Saskatchewan statutes or sections thereof were
proclaimed in force as of June 13, 2007:
The following regulations were published in the Saskatchewan
Gazette, Part II,
Vol. 103, No. 23, June 8, 2007:
- SR 41/2007 The Parks Amendment Regulations, 2007
- SR 42/2007 The Adoption Amendment Regulations, 2007
June 13, 2007
The Federal government announced a new plan to set up an
independent body to adjudicate specific aboriginal treaty
claims.
June 12, 2007
The Federal government announced that the bill, An Act to
amend the Criminal Code (reverse onus in bail hearings for
firearm-related offences), Bill C-59, has passed third reading and
awaits the Senate's approval.
June 11, 2007
The following sections of An Act to amend the Proceeds of Crime
(Money Laundering) and Terrorist Financing Act and the Income Tax
Act and to make a consequential amendments to another Act, S.C.
2006, c. 12 were proclaimed in force (P.C. 2007-917)
- s. 26(3) to (6), 27, 28(2) and (3) - s. 9.4 of the
Proceeds of Crime (Money Laundering) and Terrorist Financing Act,
as enacted by s. 8 in force June 30, 2007
- s. 10, 11, 25, 26(2), 42 and 43 - s. 3(1), 5, 6, 9.2, 9.3, 9.5
to 9.8 of the Proceeds of Crime (Money Laundering) and Terrorist
Financing Act as enacted by s. 8 in force June 23, 2008
Canada Shipping Act, R.S.C. 1985, c. S-9 is repealed as of July
1, 2007 (P.C. 2007-917)
The following sections of Canada Shipping Act, 2001, S.C.
2001, c. 26 will come into force July 1, 2007 (P.C.
2007-917)
- s. 1 to 270, 271(1), (3), 272 to 318, 321 and 333
The Federal Court of Canada
has extended and amended the Court's efiling service for
certain types of actions. Consult the annex for more details
June 7, 2007
An updated Guide to
international refugee law resources on the Web, by Elisa Mason,
is now available on LLRX.com. This guide includes links to
international and national legislation, caselaw, articles, experts
databases, and other research guides dealing with refugee and
forced migration issues.
June 6, 2007
Confidential
Communications Between Solicitor and Client: Legal Advice
Privilege, by Madam Justice Victoria Gray and Lisa Laird,
summarizes how legal advice privilege is applied by the courts.
This article also includes practice points for determining in what
circumstances privilege will apply. This article is available from
the Continuing Legal Education Society of British Columbia.
June 5, 2007
Is your
overhead too high? The factors involved in reducing law firm
overhead costs is a new CBA PracticeLink article by Edward
Poll. This article describes how to calculate an individual
lawyer's impact on the firm's overhead costs and profitability.
Poll links accurate fee for service structures to understanding the
actual costs of operating a law firm.
June 4, 2007
Dates for chambers sittings for the Court of Queen's Bench of
Saskatchewan for the period commencing July 2, 2007 to August 31,
2007 are published in the Saskatchewan Gazette, Part I,
Vol. 103, No. 22, June 1, 2007.
Brent Gough is appointed as the new chairperson of the
Saskatchewan Legal Aid Commission.
June 1, 2007
Minister of Justice and Attorney General of Canada Rob Nicholson
announced the following Saskatchewan judicial appointments:
- The Honourable Ysanne F. Wilkinson is appointed a judge of the
Court of Appeal for Saskatchewan. She replaces Madame Justice M.A.
Gerwing who elected to become a supernumerary judge. This
appointment is effective immediately.
- The Honourable Maurice J. Herauf is appointed a judge of her
Majesty's Court of Queen's Bench for Saskatchewan. He replaces Mr.
Justice D.K. Krueger who recently passed away. This appointment is
effective immediately.
An Act to amend the Criminal Code (conditional sentence of
imprisonment), (
BIll C-9), received Royal Assent on May 31, 2007, and will come
into force in six months. Justice Canada has released two
backgrounders: Bill C-9 Conditional Sentences Backgrounder and
Justice Legislation Status Backgrounder.
At the request of the Law Society of Saskatchewan, the Court of
Queen's Bench established an Estate Tariff Committee to consider
revision of the rules. The Committee proposal for amendments to
rule 745 is now available online. Please send comments on these
revisions to reception@lawsociety.sk.ca
before June 15, 2007
May 30, 2007
The Saskatchewan Court of Appeal has released its decision in
Kvello v. Miazga,
2007 SKCA 57. (Case summary provided by the Court of
Appeal.)
The Minister of National Revenue, Carol Skelton, announced the
establishment of a Taxpayers' Ombudsman to "enhance the Canada
Revenue Agency's accountability and service to the public." The
Ombudsman will be responsible for upholding the Taxpayer Bill of
Rights with respect to service-related matters.
May 28, 2007
The following regulations were published in the Saskatchewan
Gazette, Part II,
Vol. 103, No. 21, May 25, 2007:
- SR 36/2007 The Securities Commission (Adoption of National
Instruments) Amendment Regulations, 2007 (No. 2)
- SR 37/2007 The Milk Control Amendment Regulations, 2007 (No.
5)
- SR 38/2007 The Oil and Gas Conservation Amendment Regulations,
2007
- SR 39/2007 The Education Property Tax Credit Amendment
Regulations, 2007
- SR 40/2007 The Labour Standards Amendment Regulations, 2007
(No. 2)
May 25, 2007
Minister of Justice and Attorney General of Canada Rob Nicholson
announced that the Government of Canada has revoked the citizenship
of Jacob Fast and Helmut Oberlander. The Federal Court of Canada
had found that these men had obtained their Canadian citizenship by
false representation and knowingly concealing material
circumstances.
May 24, 2007
Driedger's
Modern Principle at the Supreme Court of Canada: Interpretation,
Justification, Legitimization, an article co-authored by
Pierre-André Côté and Stéphane Beaulac, looks at the influence of
Elmer Driedger's modern principle of statutory interpretation on
Canadian law. The authors assert that "the principle provides
neither a valid method for interpreting statutes nor a suitable
structure for the courts' justification of interpretative
decisions. One should not see in it more than a good starting point
for statutory interpretation." This article will be published in
the forthcoming issue of Revue Juridique Thémis. It is available
for download on the Social Science
Research Network.
May 22, 2007
The Alberta Court of Appeal has ruled that requiring the
Hutterite Brethren to be photographed as a condition of licensing
cannot be justified in a free and democratic society. (Hutterian
Brethren of Wilson Colony v. Alberta,
2007 ABCA 160)
The University of Saskatchewan College of Law is welcoming the
annual national conferences of the Canadian Law and Society
Association, the Canadian Association of Law Teachers and the
Council of Canadian Law Deans from May 28 to June 2, 2007.
Conference program information is available on the Calendar of
Events 2007. Law Society members are welcome to attend. For more
information contact Dwight Newman, dwight.newman@usask.ca.
May 18, 2007
Need an articling student for 2007? A list of law school
graduates seeking articles in Saskatchewan is available, along with
a link to resumes.
The Saskatchewan Human Rights Code Amendment Act, 2007,
S.S. 2007, c. 39, has received Royal Assent. This Act changes
the definition of age in the Code to include persons over 65 years,
effectively eliminating the protection for mandatory retirement
policies. The current exception for those occupations, such as fire
fighters and police, where advancing age relates to the ability to
perform the duties required for the job, has not changed. Further
information and FAQs are available online.
May 17, 2007
The
Consumer Price Index for April 2007 is now available. Consumers
paid 2.2% more for specific products in April 2007 than they did in
April 2006.
Minister of Public Safety Stockwell Day announced an extension
to the current amnesty for non-restricted firearms. The amnesty
will now be in effect until May 16, 2008.
May 16, 2007
The Manitoba Court of Appeal has ruled that the procedures for
obtaining a stalking-related order under Manitoba's Domestic
Violence and Stalking Prevention, Protection and Compensation Act,
C.C.S.M., c. D93, do not infringe the Constitution Act, 1867
(U.K.), 30 & 31 Vict., c 3. While the respondent's individual
freedoms of liberty under section 7 of the Charter were violated,
the Court ruled that this infringement was in accordance with the
principles of fundamental justice. The Court agreed with the
motions court judge that the "pith and substance of the Act is the
nature of crime prevention and this falls under provincial
jurisdiction." (Baril v. Obelnicki,
2007 MBCA 40).
May 15, 2007
The Court of Appeal for British Columbia has dismissed an appeal
for damages for wrongful dismissal in a case where a branch manager
lied to management about his affair with a subordinate. When the
branch manager finally admitted to the affair he was offered a new
position in another branch with the same salary and benefits but no
supervisory tasks. He declined the position and sued for wrongful
dismissal. The trial judge relied on McKinley v. BC Tel, 2001 SCC
38 (CanLII), which lays out the test for whether or not the
employee's dishonesty gives rise to the breakdown in the employment
relationship. (Carroll v. Emco Corporation,
2007 BCCA 186).
May 14, 2007
The following regulations were published in the Saskatchewan
Gazette, Part II,
Vol. 103, No. 19, May 11, 2007:
- SR 31/2007 The Training Allowance Amendment Regulations,
2007
- SR 34/2007 The Employment Supplement Amendment Regulations,
2007
- SR 35/2007 The Summary Offences Procedure Amendment
Regulations, 2007 (No.2)
The following regulations were published in the Saskatchewan
Gazette, Part III,
Vol. 103, No. 19, May 11, 2007
- SR 32/2007 The Oil Shale Amendment Regulations, 2007
- SR 33/2007 The Petroleum and Natural Gas Amendment Regulations,
2007
Proposed Regulations Amending the Access to Information
Regulations were published in the Canada Gazette, Part I,
Vol. 141, No. 19, May 12, 2007. These proposed regulations
would "clarify for both government institutions and for individuals
requesting copies of records under the Access to Information Act
the limitations on the individual's right to the format of their
choice and the institution's obligations to provide the records in
the requested format as referenced in new subsection 4(2.1) of that
Act." The authority for this new regulation was included in s.
163(1) of the Federal Accountability Act, S.C.
2006, c. 9.
An inquest into the death of Wayne Allen Strandquist will be
held May 28-31, 2007, at 10 a.m. at the Saskatoon Queen's Bench
Courthouse. Mr. Strandquist, aged 46 years, died January 2, 2006,
while in cells at the Saskatoon Police Service.
May 11, 2007
Information
Services Corporation of Saskatchewan (ISC) has changed several
of its service fees effective May 28, 2007. The ISC Land Registry
Fee Schedule Change Comparison Backgrounder outlines these fee
changes and compares the old fee schedule with the new one.
The
April-May 2007 issue of The National is now available online.
This issue features an article on parental mobility rights and
custody ten years after Gordon v. Goertz.
May 10, 2007
Charter applications in a criminal trial, an upcoming
teleseminar from the Saskatchewan Trial Lawyers Association will be
held on June 8, 2007.
The Saskatchewan Provincial Court has added to the
Small Claims Court informational web page. Sample claims forms
and instructions are now available.
May 9, 2007
The Supreme Court of Canada released its May agenda. One
appeal from Saskatchewan , R. v. Daley, is scheduled to be heard on
May 18, 2007.
May 8, 2007
The Saskatchewan government introduced The Status of the Artist
Act, 2007, Bill 68, which provides self-employed professional
artists with access to collective bargaining mechanisms and
processes.
May 7, 2007
On May 3, 2007, the federal government announced that the
Criminal Code (criminal interest rate) Amendment Act, 2007
S.C. 2007, c. 9 came into force on assent. This amendment to
the Criminal Code regulates payday lending interest rates.
May 4, 2007
How
to Make Your Office (Almost) Paperless, a CBA PracticeLink
article by Ann Macaulay discusses how to stop storing and
maintaining paper records and start storing and maintaining
electronic files.
May 3, 2007
The Law Society of Saskatchewan Library is searching for an
innovative and creative Systems Library Technician to join the
dynamic team located in Regina. Please forward
applications by May 28, 2007.
The House of Lords has handed down a decision concerning claims
in tort for economic loss caused by intentional acts. The three
appeal cases involve inducing breach of contract, causing loss by
unlawful means, interference with contractual relations, breach of
confidence, and conversion. Douglas & Ors vv. Hello! Ltd &
Ors, [2007] UKHL
21.
May 2, 2007
The Perfect
Legal Bill, a CBA PracticeLink article by Edward Poll,
discusses how "the perfect bill is one that speaks clearly and
directly to clients about how you as a lawyer have improved their
lives." According to Poll, unpaid bills indicate that clients:
- don't understand either the specifics or the value of what was
done
- don't consider the bill as fair because they were charged for
things that weren't requested
- don't feel an urgency to pay, preferring to focus on other
bills
- may no longer have the money to pay for legal services, despite
having good intentions
May 1, 2007
The Honourable Bertha Wilson passed away on April 28, 2007. She
was the first woman appointed to the Supreme Court of Canada, and
served from 1982 to 1991.
Proposed First Nations Land Registry Regulations were published
in the Canada Gazette, Part I,
Vol. 141, No. 17, April 28, 2007. These regulations would allow
for a land registry system that assigns priorities to interests in
First Nation Lands as they are registered, and permit instruments
to be submitted on-line to the registry, features not available
under the current system.
April 30, 2007
The following section of the Public Safety Act, 2002
S.C. 2004, c. 15, is proclaimed into force effective May 4,
2007 (P.C. 2007-601):
- s. 4.82(1) to (10) and 4.82(12) to (20) of the Aeronautics Act,
as enacted by s. 5
The following regulations were published in the Saskatchewan
Gazette, Part II,
Vol. 103, No. 17, April 27, 2007:
- SR 24/2007 The Saskatchewan Protective Services Medal Amendment
Regulations, 2007
- SR 26/2007 The Building and Accessibility Standards
Administration Amendment Regulations, 2007
- SR 27/2007 The Mineral Exploration Incentive Amendment
Regulations, 2007
- SR 28/2007 The Saskatchewan Flax Development Plan Amendment
Regulations, 2007
- SR 29/2007 The Summary Offences Procedure Amendment
Regulations, 2007
The following regulations were published in the Saskatchewan
Gazette, Part III,
Vol. 103, No. 17, April 27, 2007:
- SR 25/2007 The Provincial Lands Amendment Regulations, 2007
(No. 2)
- SR 30/2007 The Saskatchewan Assistance Amendment Regulations,
2007
April 27, 2007
The Law Society of Saskatchewan is seeking applications for the
position of Assistant Complaints Counsel. Please see announcement
for further details.
Donna Scott, Q.C.
is appointed a judge of the Provincial Court for Saskatoon.
April 26, 2007
Centennial merchandise is now available on the Centennial
Memorabilia web page. Items for sale include custom golf shirts,
fleece vests, book bags, book plates, travel mugs and key chains.
Online ordering with payment by credit card is available.
April 25, 2007
Proposed Regulations Amending the Canadian Wheat Board
Regulations were published in the Canada Gazette, Part I,
Vol. 141, No. 16, April 21, 2007. The proposed amendments would
allow barley producers to sell directly to any domestic or foreign
buyer including the Canadian Wheat Board, and also continue CWB
barley pools for those farmers who wanted to continue to sell
through the Board. These amendments would implement marketing
choice for barley effective August 1, 2007.
April 24, 2007
The Saskatchewan government has introduced the
Occupational Health and Safety (Harassment Prevention) Amendment
Act, 2007 (Bill 66). Proposed amendments would expand the
definition of personal harassment to include abuse of power and
bullying.
April 23, 2007
The International Bridges and Tunnels Act, S.C.
2007, c. 1, is proclaimed into force effective April 25, 2007
(P.C. 2007-560).
The following section of the Corrections and Conditional Release
Act, S.C. 1992, c. 20, is proclaimed into force effective April 19,
2007 (P.C. 2007-561):
- s. 108(2) applies in British Columbia
The following sections of An Act to amend the law governing
financial institutions and to provide for related and consequential
matters, S.C.
2007, c. 6 are proclaimed into force effective April 20, 2007
(P.C. 2007-554):
- s. 1 to 8, 10 to 23, 25 to 27, 29, 30(2),
the portion of s. 439(3) before paragraph (a) and s. 439(3)(b) of
the Bank Act as enacted by s. 30(3),
s. 32, 34 to 47, 48(3), 57, 75 to 82, 84, 86, 87, 88(2),
the portion of s. 558(3) before paragraph (a) and s. 558(3)(b) of
the Bank Act as enacted by s. 88(3),
s. 90, 92 to 110, 112 to 128, 130 to 146, 148 to 159, 161 to 163,
164(2),
the portion of s. 385.04(3) before paragraph (a) and s.
385.04(3)(b) of the Cooperative Credit Associations Act as enacted
by s. 164(3),
s. 166, 168 to 185, 186(2), 186(3), 187 to 196, 198 to 231, 233 to
256, 258 to 262, 264 to 270, 272 to 274, 277, 279 to 284, 288 to
291, 293 to 295, 299 to 308, 309(1), 310 to 315, 317 to 342, 344 to
357, 359 to 361,
the portion of s. 425(3) before paragraph (a) and s. 425(3)(b) of
the Trust and Loan Companies Act as enacted by s. 362,
s. 364, 366 to 385, 392 to 408, 413 to 421, 422(5),
s. 4(4) of the Canadian Payments Act as enacted by s. 423,
s. 424 to 426, 429(1), 429(2), 429(4), 430(1), 432 to 434, 436,
438, 440 to 444, 446(2), 448 to 451.
The following regulations were published in the Saskatchewan
Gazette, Part II,
Vol. 103, No. 16, April 20, 2007:
- SR 22/2007 The Open Seasons Game Amendment Regulations,
2007
- SR 23/2007 The Milk Control Amendment Regulations, 2007 (No.
4)
April 20, 2007
The Court of Appeal of Alberta has ordered a new trial in a case
dealing with a breach of contract. The Court found that the trial
judge erred in awarding rescission of the sale contract as a remedy
for fundamental breach of contract. The proper remedy is
termination of duty for future performance still due but
unperformed by the innocent party and damages. A second error at
trial was the legal test used to admit opinion evidence. Schmidt v.
Guarantee RV Centre Inc.,
2007 ABCA 89.
April 19, 2007
The
Consumer Price Index for March 2007 is now available. Consumers
paid 2.3% more for specific products in March 2007 than they did in
March 2006.
April 17, 2007
Important Notice Regarding the University of Saskatchewan
College of Law Library
The University of Saskatchewan Law Library has posted a notice
on its website that it will be closed from April 18 to September 3,
2007. In order to minimize interruptions with the College Law
Library while under construction, the Law Society Library will be
directing requests for books and photocopies not in the Law Society
library system to the Edmonton Law Society Library, where
applicable.
We wish the University of Saskatchewan College of Law a smooth
and successful renovation project.
"I'm not a lawyer, your Honour": Tips for dealing with the
self-represented litigant, an article by Andrew P. Morrison,
Alastair Wade and Kurt Wedel, offers strategies for dealing with
self-represented litigants during chambers applications. This
article is featured on the Continuing Legal Education Society of
British Columbia website.
April 16, 2007
The Law Reform Commission of Saskatchewan in collaboration with
the Manitoba Law Reform Commission has released A Report on
Private Title Insurance (April 2007). The report "considers the
effects of title insurance within the context of residential real
property conveyancing and contains 15 recommendations aimed at
protecting the interests of residential property owners and
purchasers and protecting the public land registration system,
while ensuring freedom of choice for consumers."
The following errata notice was published in the Saskatchewan
Gazette, Part II,
Vol. 103, No. 15, April 13, 2007:
- Errata Notice The Freehold Oil and Gas Production Tax Amendment
Regulations, 2006
How
to make your office (almost) paperless, by Ann Macaulay, a new
article on CBA
PracticeLink, looks at the advantages and concerns about
converting client files to digital format.
April 13, 2007
The Remote Sensing Space Systems Act, S.C.
2005, c. 45, is proclaimed into force effective April 5, 2007,
except for section 46 which came into force on November 25, 2005
(P.C. 2007-432).
April 12, 2007
Section 172.01 of the Federal Accountability Act, S.C.
2006, c. 9, is proclaimed into force effective April 1, 2007
(P.C. 2007-369).
Section 3.1 of the Access to Information Act, R.S.C. 1985, c.
A-1, as enacted by sections 142, s. 141(2), 143, 147, 148, 159,
163(1), 164, 181(2), 188 and 190 of the Federal Accountability Act,
S.C.
2006, c. 9, is proclaimed into force effective September 1,
2007 (P.C. 2007-370).
The Canadian Human Rights Commission has released a
Guide for Managing the Return to Work. This guide features an
outline of key legal principles that apply to return-to-work
situations, procedures for case management, and case studies
dealing with hypothetical scenarios.
April 11, 2007
The Alberta Civil Trial Lawyers Association has launched a test
case to see if the Alberta Government's automobile minor injury
policy contravenes section 15 of the Charter of Rights and
Freedoms. The policy sets a ceiling of $4,000 on the amount of
damages courts can award for soft-tissue injuries.
April 10, 2007
The Law Society of Saskatchewan is seeking a Chief Executive
Officer. Letters of application should be sent to Victor Dietz,
Q.C., President of the Law Society of Saskatchewan, c/o 1000 - 2002
Victoria Avenue, Regina, SK, S4P 0R7. The application deadline is
May 11, 2007.
A proposed Order Amending the Order Declaring an Amnesty Period
(2006) was published in the Canada Gazette Part I,
Vol. 141, No. 14, April 7, 2007. The proposed Order would
extend for one more year the amnesty period created under the
original order, the Order Declaring an Amnesty Period (2006)
[Amnesty Order 2006]. The Amnesty Order 2006 came into force May
17, 2006, and will end on May 16, 2007, unless it is extended by
the Amending Order. The Amending Order would be made pursuant to
subsection 117.14(1) of the Criminal Code, and would apply to
owners of non-restricted firearms (commonly known as ordinary
rifles and shotguns or long guns) whose licences expired or will
expire during the period from January 1, 2004, to May 16, 2008,
and/or owners who have not obtained registration certificates for
these firearms.
April 9, 2007
The Law Society of Saskatchewan is seeking a volunteer to serve
on the Western Law Societies Conveyancing Project. The ideal
candidate must have extensive experience in residential real estate
conveyancing, be aware of national trends and developments in the
area and be willing to donate some time. The majority of meetings
are by way of conference call but some travel (mostly to Calgary)
is required. Interested volunteers may send their expressions of
interest along with information about their qualifications to reception@lawsociety.sk.ca
by May 15, 2007.
The following regulations were published in the Saskatchewan
Gazette, Part II,
Vol. 103, No. 14, April 5, 2007:
- F-8.001 Reg 32 The Canada-Saskatchewan Specified Risk Material
Management Program Regulations
- G-5.1 Reg 128 The Forestry Secretariat Regulations
- SR 20/2007 The Health Information Protection Amendment
Regulations, 2007
- SR 21/2007 The Department of Environment Amendment Regulations,
2007
The following amendment was published in the Saskatchewan
Gazette, Part III,
Vol. 103, No. 14, April 5, 2007:
- SR 19/2007 The Provincial Lands Amendment Regulations,
2007
April 5, 2007
The Office of the Saskatchewan Information and Privacy
Commissioner has released two reports: Review Report No. F-2007-002
(Saskatchewan Government Insurance) and Investigation Report
(Breach of Privacy) F-2007-001
(Saskatchewan Workers' Compensation Board).
April 4, 2007
The following noteworthy regulations were published in the
Canada Gazette, Part II,
Vol. 141, No. 7, April 4, 2007:
- Rules amending the Bankruptcy and Insolvency General Rules
(Miscellaneous Program), SOR/2007-61, in force March 22, 2007
- Guidelines amending the Federal Child Support Guidelines,
SOR/2007-59, in force April 1, 2007
- The Western Producer is looking for a lawyer to write a weekly
column dealing with topics of rural or agricultural interest.
Construction claims and contracting strategies, by Bryan S.
Shapiro, deals with a variety of contracting strategies, risk
allocation and project delivery alternatives that help to reduce
the effect of risk factors such as cost escalations, delays,
changes in project scope, geotechnical and site-related problems.
weather and force majeure conditions, and negligence in both design
and construction. This paper is from the Continuing Legal Education
Society of British Columbia.
April 3, 2007
The following regulations were published in the Saskatchewan
Gazette, Part II,
Vol. 103, No. 13, March 30, 2007:
- E-0.2 Reg 17 The 2006 - 2007 School Grant Regulations
- R-4.21 Reg 1 The Reclaimed Industrial Sites Regulations
- SR 14/2007 The Forest Resources Management Amendment
Regulations, 2007
- SR 15/2007 The Water Amendment Regulations, 2007
- SR 16/2007 The Cities Amendment Regulations, 2007
- SR 17/2007 The Crop Insurance Amendment Regulations, 2007
- SR 18/2007 The Saskatchewan Medical Care Insurance Payment
Amendment Regulations, 2007
An inquest into the death of Patrick Albert Segu will be held
April 9-11, 2007, at 10 a.m. at the Regina Queen's Bench
Courthouse. Mr. Segu died July 29, 2005 while a patient at the
Regina General Hospital.
The Office of the
Saskatchewan Information and Privacy Commissioner has released
Report
F-2007-001 (Saskatchewan Northern Affairs).
April 2, 2007
The Honourable Murray D. Acton
is appointed a judge of the Court of Queen's Bench. He replaces
Madam Justice Darla Hunter who was elevated to the Court of Appeal
of Saskatchewan. This appointment is effective immediately.
March 30, 2007
The Saskatchewan Court of Appeal has upheld the Queen's Bench
decision in Canada (Attorney General) v. Sparvier regarding fees
payable to Merchant Law Group stemming from the settlement of
Indian Residential School claims. (Sparvier v. Canada (Attorney
General),
2007 SKCA 37) (Case summary provided by the Court of
Appeal.)
March 29, 2007
The Law Society is very pleased to announce the Honourable
Gerald Morin as the recipient of the C. Willy Hodgson Award.
Family, friends and colleagues of both Willy Hodgson and Judge
Morin attended the award ceremony held at the Prince Albert Grand
Council on March 28, 2007. This award is given in memory of Willy
Hodgson, C.M., S.O.M., and her many contributions to advancing
equality and diversity in the administration of justice for the
people of Saskatchewan. Mrs. Hodgson was a Law Society Lay Bencher
from 1997 to 2001. The award recognizes Judge Morin's commitments
to the Aboriginal community and access to justice through his work
with the Cree court circuit in Northern Saskatchewan and his
support for scholarships in Cumberland House and Peter Ballantyne
Secondary.
Saskatchewan Justice
announced that amendments to the Health Information Protection
Regulations are now in force. A
backgrounder describes the types of personal health information
which may be disclosed without a patient's consent during a police
investigation.
March 28, 2007
The Public Legal Education
Association of Saskatchewan has updated A guide to the law
for Saskatchewan women. The guide covers family law; criminal
justice system; victims of crime, violence, and abuse; women's
health; rights and freedoms; language rights; work; money and
property; and legal representation and options.
March 27, 2007
The Public Servants Disclosure Protection Act, S.C.
2005, c. 46, is proclaimed into force as follows effective
April 15, 2007 (P.C. 2007-425):
- Whole Act except s. 59 and the reference to the "Canada Pension
Plan Investment Board" in Schedule 1
Law blogs are an effective way to combine personal observation
with facts and insights from a lawyer's area of focus into a
marketing tool to reach current and potential clients. Blogging
policies and best practices for lawyers and law firms, a
CBAPracticeLink article by Edward Poll, discusses the importance of
implementing policies for blogging that consider the following
areas: the blog's purpose, technology costs, personal expense and
time, and professional responsibility. Links to several corporate
blogging policies are included.
March 26, 2007
The following regulations were published in the Saskatchewan
Gazette, Part II,
Vol. 103, No. 12, March 23, 2007:
- SR 11/2007 The Securities Commission (Adoption of National
Instruments) Amendment Regulations, 2007
- SR 12/2007 The Automobile Accident Insurance (General)
Amendment Regulations, 2007
- SR 13/2007 The Milk Control Amendment Regulations, 2007 (No.
3)
March 22, 2007
Saskatchewan Finance Minister Andrew Thomson has tabled the
2007-08 Budget and supporting documents:
Budget and Performance Plan Summary
Estimates
2007-08 Financial Highlights (Green Sheet)
The British and Irish Legal Information Institute (BAILLI) has
launched a new website. New features include:
Case Law Search Form (searchable by citation or keyword)
Legislation Search Form (searchable by keyword)
Other Materials Search Form (Law commission reports)
A-Z title browse lists
Leading Cases Lists
March 21, 2007
Alma Wiebe, Q.C. is appointed a member of the Saskatchewan Legal
Aid Commission.
The Consumer Price Index for February is now available.
Consumers paid 2.0% more for specific products in February 2007
than in February 2006.
March 20, 2007
New on the Continuing Legal Education Society of British
Columbia website, an article by David C. Dundee, Ties that bind?
Support and the payor's estate looks at the case law dealing with
the following questions:
Can the court make a support order binding on the estate of the
payor? If so, when is this appropriate?
Can parties contract for on-going support after the death of the
payor and how should this be recognized?
Can an estate apply to cancel or vary such support orders?
Is there a way to avoid the whole problem?
March 19, 2007
The federal Budget 2007 information is now available.
Michael W. Milani, Q.C., has been confirmed as President of the
Federation of Law Societies of Canada.
March 16, 2007
The Public Prosecution Service of Canada has launched its
website. The PPSC's mandate is to initiate and conduct prosecutions
under federal jurisdiction and to intervene in cases affecting
prosecutions and investigations. The PPSC also provides advice to
law enforcement agencies and investigative bodies on investigations
that may lead to prosecutions. The PPSC is independent of the
Department of Justice Canada and reports to Parliament through the
Attorney General.
March 15, 2007
The Ontario Court of Appeal has ruled that a woman wrongfully
charged with killing her daughter is allowed to sue the pathologist
whose expert testimony contributed to her arrest and detention. Dr.
Charles Smith conducted the post mortem examination and gave an
oral opinion that the child had been stabbed to death by scissors
or a knife. A second post mortem revealed that the child had been
injured by a dog. The Court found that the woman's claim against
the pathologist is in respect to his role as a public official
investigating a suspicious death and not to his role in testifying
in her criminal prosecution. The Court stated that "this is a
classic example of the type of case that should be allowed to
proceed to trial to enable the court to make a decision on Dr.
Smith's witness immunity claim, which he has the burden of
establishing, on the basis of a complete factual record." Reynolds
v. Kingston (Police Services Board), 2007 ONCA 166, (March 14,
2007).
March 14, 2007
Proposed amendments to the Proceeds of Crime (Money Laundering)
and Terrorist Financing Registration Regulations were published in
the Canada Gazette, Part I, Vol. 141, No. 10, March 10, 2007. These
proposed amendments expand Canadian customer due diligence and
transaction reporting requirements for financial institutions and
intermediaries, set out a framework for the registration of money
services businesses, and expand the list of information that the
Financial Transactions and Reports Analysis Centre of Canada
(FINTRAC) may disclose to law enforcement and intelligence
agencies.
The Supreme Court of Canada has released a special edition of
the Bulletin of Proceedings: Statistics 1996 to 2006, a view of the
Court's work in 2006, with comparisons to the previous 10 years'
work.
March 13, 2007
TD/Canada Trust has incorporated the Western Law Societies
Conveyancing Protocol into instructions to Alberta lawyers
effective March 12, 2007.
An inquest into the death of James Burns will be held March
27-28, 2007, at 10:00 a.m. at the Prince Albert Queen's Bench
Courthouse. Mr. Burns died October 21, 2005, while an inmate at the
Prince Albert Correctional Centre.
Minister of Transport, Infrastructure and Communities Lawrence
Cannon and United States Secretary of Transportation Mary E. Peters
announced that the Open Skies agreement between Canada and the U.S.
came into force on March 12, 2007.
March 12, 2007
The following regulations were published in the Saskatchewan
Gazette, Part II,
Vol. 103, No. 10, March 9, 2007:
- F-8.001 Reg 31 The Bison Breeder Associations Loan Guarantee
Regulations
- T-18.1 Reg 4 The Vehicle Impoundment (Public Order)
Regulations, 2007
- SR 8/2007 The Cattle Breeder Associations Loan Guarantee
Amendment Regulations, 2007
- SR 9/2007 The Cattle Feeder Associations Loan Guarantee
Amendment Regulations, 2007
- SR 10/2007/ RS 10/2007 The Queen's Bench Amendment Regulations,
2007 / Règlement de 2007 modifiant le Règlement sur la Cour du Banc
de la Reine
March 9, 2007
The March 2007 issue of The National is now available online.
This issue features articles on office design, small-firm billing
and parental leave.
Jennifer Lynch, Q.C., is appointed to the position of Chief
Commissioner of the Canadian Human Rights Commission.
March 8, 2007
The Access to Justice - Family Committee is reviewing
accessibility issues related to family law services in
Saskatchewan. A questionnaire about lawyer-client issues is
available in both PDF and MS Word formats. Please send completed
questionnaires before March 28, 2007 by mail, facsimile or email,
to:
Colleen Freed
Policy, Planning and Evaluation Branch
Saskatchewan Justice
Room 310 - 1874 Scarth Street
Regina, Saskatchewan S4P 4B3
Telephone: (306)787 - 3481
Facsimile: (306) 787-9008
Email: cfreed@justice.gov.sk.ca
The 2007 Heald Lecture in Administrative Law is "Are Grey
Holes Worse than Black Holes for the Rule of Law?" by Professor
David Dyzenhaus. The lecture is at 12:30 p.m. on March 19, 2007 in
the Law Library at the University of Saskatchewan College of
Law.
March 7, 2007
The Federation of Law Societies of Canada National Family Law
Program is asking for proposals for papers for its 2008
program.
March 5, 2007
The Minister of Justice and Attorney General of Canada Rob
Nicholson, Q.C., announced the following judicial appointments on
March 2, 2007. These appointments are effective immediately.
The Honourable Madam Justice Darla C. Hunter, a judge of the
Saskatchewan Court of Queen's Bench, is appointed a judge of the
Saskatchewan Court of Appeal. She replaces Mr. Justice N.W.
Sherstobitoff (Regina) who elected to become a supernumerary
judge.
The Honourable Ralph K. Ottenbreit, Q.C., a partner with the law
firm of Robertson Stromberg Pedersen in Regina is appointed a judge
of the Saskatchewan Court of Queen's Bench. He replaces Mr. Justice
J. Klebec (Saskatoon) who became Chief Justice of Saskatchewan in
September 2006.
March 2, 2007
The Supreme Court Advocacy Institute provides free, non-partisan
advocacy advice to parties who are scheduled to appear in an appeal
before the Supreme Court of Canada. The Supreme Court Advocacy
Institute is not a program of the Supreme Court of Canada, nor is
it associated with the Court, its Justices or its administration.
The Institute's program is targeted principally at counsel who are
appearing before the Court for the first time.
Part 8 of the Public Safety Act, 2002, S.C. 2004, c. 15, is
proclaimed into force, effective March 31, 2007 (P.C.
2007-253).
March 1, 2007
The following sections of the Federal Accountability Act, S.C.
2006, c. 9, have been proclaimed into force:
sections 247 to 253 are proclaimed into force, effective April
1, 2007 (P.C. 2007-202)
sections 283 to 289 are proclaimed into force, effective April 1,
2007 (P.C. 2007-203)
sections 239 to 242 are proclaimed into force, effective April 27,
2007 (P.C. 2007-204)
The Reclaimed Industrial Sites Act, S.S. 2006, c. R-4.21, is
proclaimed to force, effective March 1, 2007.
The Saskatchewan minimum wage increased by 40 cents today, to
$7.95 an hour.
February 28, 2007
The Regina Queen's Bench Courthouse is undergoing low risk
asbestos removal in its basement. There will be no access allowed
to the basement after 5 p.m. on February 27 and 28, 2007. Please
call the Regina library if you need after-hours access to law
reporters or other province statutes during this time.
The Federal Department of Justice announced the launching of a
new website for accessing legislation.
February 27, 2007
On December 12, 2006, The Director of Public Prosecutions Act
came into force as Part 3 of the Federal Accountability Act, S.C.
2006, c. 9. The government has released a series of fact sheets
about the Federal Accountability Action Plan, including information
on Creating a Director of Public Prosecutions.
The Canadian Bar Association Saskatchewan Branch Law Day 2007
events include the seventh annual McKercher Cup Mock Trial
Competition and Law Day luncheons with Maher Arar. Registration and
ticket order forms are available on the CBA Saskatchewan
webpage.
February 26, 2007
The Saskatchewan Trial Lawyers Association Spring Conference
Administrative law: Is it really patently unreasonable? will be
held on April 27, 2007 in Saskatoon.
The impact of gifts and inheritances on the division of assets
on marriage breakdown, an article by Diane M. Bell, discusses
current Canadian case law on the division of marital assets when
gifts and inheritances are involved. Bell concludes that there will
be more litigation in the area of contingent gifts and inheritances
especially where one spouse has received an anticipated inheritance
and the marriage breaks down before the other spouse receives
his/her anticipated inheritance. This article is available on the
Continuing Legal Education Society of British Columbia website.
February 23, 2007
The following sections of the Midwifery Act, S.S. 1999, c.
M-14.1, are proclaimed into force effective February 23, 2007:
s. 1 to 6, 7(1), 11 to 17, 44 to 46, 48 and 50 to 52
The following regulation was published in the Saskatchewan
Gazette, Part II,
Vol. 103, No. 8, February 23, 2007:
- SR 7/2007 The Milk Control Amendment Regulations, 2007 (No.
2)
February 22, 2007
Saskatchewan Justice has announced that the Residential
Tenancies Act, 2006, S.S. 2006, c. R-22.0001, will come into force
effective March 1, 2007.
The following sections of the Federal Accountability Act, S.C.
2006, c. 9, are proclaimed into force, effective March 1, 2007
(P.C. 2007-178):
s. 3.01 of the Access to Information Act, as enacted by s. 142
of the Act,
s. 3.01 of the Privacy Act, as enacted by s. 182 of the Act,
s. 149, 154, 157, 158, 160, 172, 172.1, 179, 184, 186, 187 and
189
The following sections of the Federal Accountability Act, S.C.
2006, c. 9, are proclaimed into force, effective April 1, 2007
(P.C. 2007-179):
s. 144 to 146, 165 to 171, 183, 191 to 193
Section 154 of the Public Sector Investment Board Act, S.C.
1999, c. 34, is proclaimed into force effective March 1, 2007 (P.C.
2007-182).
The following sections of An Act to amend the Canadian Forces
Superannuation Act and to make consequential amendments to other
Acts, S.C. 2003, c. 26, are proclaimed into force, effective March
1, 2007 (P.C. 2007-182):
s. 1 to 3, 6 to 12, 13(1), 13(2), 14 to 20, 22 to 25, 26(4), 27
to 29, 31, 33 and 35,
s. 82 to 93 of the Canadian Forces Superannuation Act, as enacted
by s. 36 of the Act,
s. 37 to 41, 48 to 55 and 65 to 68
February 21, 2007
Seven legal technology trends for 2007: Widening the digital
divide in law practices, an article by Dennis Kennedy, discusses
specific technology trends law firms should address in 2007.
February 16, 2007
The Manitoba Attorney General announced the release of the
inquiry report into the trial and conviction of James
Driskell. (Dirskell Inquiry Report)
February 14, 2007
The Court of Appeal of Alberta has ruled that a contract
releasing a man from parental rights and obligations towards his
partner's child would not be valid. The couple brought an
originating notice seeking a declaration that such an agreement
would bind them and any third party, including any government
authorities. The Court ruled that while the man was not the child's
biological father, he had entered into a relationship of
interdependence of some permanence with the child's mother and thus
also with her child who lived in their shared household. While he
had no intention of being a parent to the child, section 48(2) of
the Family Law Act, R.S.A. 2003, c. F-4.5, could be interpreted as
coming from the child's perception of what is a parental figure.
(Doe v. Alberta,
2007 ABCA 50)
February 13, 2007
A resolution calling on law societies to adopt and enforce
guidelines for the conduct of lawyers who act for residential
school survivors will be debated at the Canadian Bar Association's
upcoming Mid-Winter Meeting of Council. These guidelines were
adopted by the CBA in 2000. The council will also discuss a
resolution on the rights of children in child welfare
proceedings.
February 12, 2007
Sections 173 to 178 of the Federal Accountability Act, S.C.
2006, c. 9, are proclaimed into force effective February 10,
2007 (P.C. 2007-141).
The following sections of An Act to Amend the Proceeds of Crime
(Money Laundering) and Terrorist Financing Act and the Income Tax
Act and to Make a Consequential Amendment to Another Act, S.C
2006, c. 12 (Bill C-25), are proclaimed into force effective
February 10, 2007 (P.C. 2007-142):
- subsection 1(1), sections 2, 4, 7, 9, and 12 to 24, subsections
26(1) and 28(1) and sections 29 to 39, 41, and 44 to 46
February 8, 2007
The latest issue of
the National is now available online.
February 7, 2007
The Labour Market Commission Act,
S.S. 2006, c. L-0.11, is proclaimed into force, effective
February 7, 2007.
The following sections of the Federal Accountability Act, S.C.
2006, c. 9, are proclaimed into force, effective March 1, 2007
(P.C. 2007-107):
sections 244, 246, 261, 262(1), 262(3), 263 to 266, 269 and
295
Multi-Jurisdictional Wills, an article by Fiona Hunter,
discusses the challenges presented by clients who live
"internationally." Both the domicile of the client and the location
of his or her assets could require a complicated estate plan. This
paper points out when and why a multi-jurisdictional situation may
exist and discusses aspects of drafting a will in such
circumstances. This paper is available on the Continuing Legal Education
Society of British Columbia website.
February 6, 2007
The Law Society of Saskatchewan Administrative office will be
closed February 6, 2007. We would like to thank our members for
their patience and apologize for any inconvenience while we move to
our new location. We will be open for business on Wednesday,
February 7, 2007. Our new address is 1100 - 2002 Victoria
Avenue, Regina, S4P 0R7. Our telephone and fax numbers will
remain the same.
The Saskatchewan Trial Lawyers Association Civil Jury Law Reform
Committee has released an Information paper: Civil jury trials
in Saskatchewan, written by Jeffrey Pfeifer. This paper looks
at the issue of civil jury trials in Saskatchewan and includes a
discussion of current research and literature as well as the
perceptions of lawyers, judges and jurors.
February 5, 2007
Murray Hinds
is appointed a judge of the Provincial Court of Saskatchewan
for Regina.
The following regulations were published in the Saskatchewan
Gazette, Part II,
Vol. 103, No. 5, February 2, 2007:
- I-2.01 Reg 4 The Employee's Tools Credit Regulations
- SR 2/2007 The Driver Licensing and Suspension Amendment
Regulations, 2007
- SR 3/2007 / RS 3/2007 The Inter-jurisdictional Support Orders
Amendment Regulations, 2007 / Règlement de 2007 modifiant le
Règlement sur les ordonnances alimentaires interterritoriales
February 2, 2007
The Podiatry Act,
S.S. 2003, c. P-14.1, except for sections 14(2)(n) and (o), is
proclaimed into force effective February 2, 2007.
The
Canadian E-Discovery Case Law Digest was recently updated. This
digest is arranged by topic with links to rules, legislation and
caselaw and is maintained by the eDiscovery Subcommittee of the
Task Force on the Discovery Process in Ontario and the Ontario Bar
Association.
10
things you should do before installing Windows Vista, by Steven
Pittsley, discusses factors to address while preparing existing
computers to run Windows Vista. Pittsley identifies the graphics
card requirement as the biggest hurdle to running the new operating
system. This article is available from the CBA PracticeLink.
February 1, 2007
The National
Class Action Database is designed to give lawyers and the
public easy access to court documents submitted with regard to
class action lawsuits currently underway in Canada. This
database is a pilot project of the Canadian Bar Association and
will act as a repository for information about the existence and
status of class actions across Canada. This initiative is strictly
voluntary and is not a comprehensive listing of all Canadian class
action lawsuits.
The Saskatchewan Waste
Electronic Equipment Program ("SWEEP") starts today. SARCAN
facilities across the province will accept televisions, computers,
monitors and printers. SWEEP is funded by Environmental Handling
Fees (EHF) paid when purchasing new electronic equipment in
Saskatchewan.
January 31, 2007
The
Office of the Rentalsman will hold public information sessions
in February about the new Residential Tenancies Act, 2006, S.S.
2006, c. R-22.0001. This act is not yet proclaimed.
January 30, 2007
The Saskatchewan government
has announced changes to a number of fees for the upcoming
year. The Changes to fees and charges 2007-08
backgrounder provides details, effective dates and contact
information.
The Honourable Maureen Dorothy Forestell, the Honourable Thomas
R. Lederer, the Honourable Julianne Alys Parfett, and the
Honourable James Alexander Ramsay are appointed judges of the
Superior Court of Justice in Ontario.
January 29, 2007
The Saskatchewan Court of Queen's Bench released the decision in
a child custody case where a biological mother placed her baby in
the care of a third party family without the consent of the
biological father. Based on the evidence, the Court found that the
child's best interests were served by granting custody to the third
party family. (Hendricks v. Swan,
2007 SKQB 36) (Case Summary provided by the Court of Queen's
Bench.)
The following regulation was published in the Saskatchewan
Gazette, Part II,
Vol. 103, No. 4, January 26, 2007:
- SR 1/2007 The Milk Control Amendment Regulations, 2007
January 26, 2007
The Honourable Mr. Justice Barry Strayer, Deputy Judge of the
Federal Court of Canada, will address the issue of judicial review
under the Canadian Charter of Rights and Freedoms as the speaker
for the 2007 Timlin Lecture on February 20, 2007. The lecture will
begin at 7 p.m. in Convocation Hall at the University of
Saskatchewan.
January 24, 2007
Set
your law firm apart with a formal client service standard
policy, an article by Janet Ellen Raasch on CBA PracticeLink,
discusses how client service rather than legal expertise plays a
major role in how clients distinguish one law firm from another.
Poor client service is likely to send a client looking for legal
advice elsewhere. This article provides sample service statements
and strategies for implementing a service standard policy.
January 23, 2007
The
Consumer Price Index for December is now available. Consumers
paid 1.6% more than they did last December. Statistics Canada has
also announced a major update to the Consumer Price Index which
comes into effect on June 19, 2007.
The issue of tort law raised in a recent Court of Appeal for
Ontario decision was "whether a defendant may be liable for damages
for psychiatric harm where the harm, by any objective measurement,
consists of an exaggerated reaction by an obsessive person of
particular sensibilities to what, in reality, is a relatively minor
or trivial incident - the sight of a dead fly in a bottle of
consumer water." The court overturned the lower court's award of
$340,000 in damages. Mustapha v. Culligan of Canada Ltd.,
2006 CanLII 41807 (ON C.A.)
January 22, 2007
An amended schedule for Court of Queen's Bench Chamber Sittings
in Melfort, Moose Jaw, Regina and Yorkton was published in the
Saskatchewan Gazette, Part I,
Vol. 103, No. 3, January 19, 2007. The amended schedule
accommodates the Family Day statutory holiday in February.
January 17, 2007
The faculty at the Osgoode Hall Law School has launched The
Court, a blog devoted to the recent and upcoming work of the
Supreme Court of Canada.
January 16, 2007
The Office of the Saskatchewan Information and Privacy
Commissioner has announced two upcoming conferences concerning
privacy issues. The Prairie Health Information Privacy Day 2007,
will be held on April 16, 2007 in Regina. The Saskatchewan Access
and Privacy Conference 2007, will be held on April 18, 2007 in
Regina.
January 15, 2007
The Courts of Saskatchewan has created a Strike Information page
outlining registry and court sitting information for locations
affected by the strike action. This page will be continually
updated.
The child specialist in collaborative separation and divorce,
an article by Dr. Susan Gamache, discusses the role of a child
specialist, a licensed mental health practitioner, as a member of a
collaborative team working through separation and divorce issues.
The child specialist remains a neutral third party who focuses
exclusively on the children's concerns and interests. This role
includes therapeutic assessment of the children, direct observation
of children and parents, and consultation with extended family or
community members as necessary. These assessments are reported back
to the parents and to the team. The child specialist may also work
with the parents to create a parenting plan. This article is
available on the Continuing Legal Education Society of British
Columbia website.
January 12, 2007
In a recent review of a family law arbitral decision the
Honourable Justice Nation of the Court of Queen's Bench of Alberta
identified several errors of law that may be instructive for
lawyers drafting arbitration agreements. The arbitration agreement
in question did not deal with remedies in the event that the
arbitrator's decision could be appealed on a question of law.
Another issue was the time commitment for lawyers who act as
arbitrators. Justice Nation wrote: "...lawyers who take on
arbitrations have to be honest about their work commitments, and
should only take on arbitration work with time limits which they
can achieve. One of the main advantages touted for arbitration is
to get a quick decision, faster than court. That advantage is often
lost when the award is delayed." (Metcalfe v. Metcalfe,
2006 ABQB 798)
January 11, 2007
The Canadian Centre for Justice Statistics has released its
report Child and spousal support: Maintenance enforcement survey
statistics, 2005/2006 (No. 85-228-XIE). This report analyzes the
characteristics of cases that are registered with maintenance
enforcement programs across Canada.
January 10, 2007
The federal
Justice Laws Web Site has several new features:
- Point-in-time access to consolidated Acts (beginning January 1,
2003) and regulations (beginning March 22, 2006)
- A new advanced search engine which includes word proximity and
wildcard operators
- Regulations are now listed alphabetically on the new
'Regulations by Title' page
January 9, 2007
The Saskatchewan Legal Aid Commission announced the fees paid to
private bar lawyers will increase from $60/hour to $72/hour with an
effective appointment date on and after January 1, 2007. The
Private Bar Appointment Policy (January 1, 2007) explains the new
policies and tariffs.
January 8, 2007
The following regulations were published in the Saskatchewan
Gazette, Part II,
Vol. 103, No. 1, January 5, 2007:
- SR 115/2006 The Securities Commission (Adoption of National
Instruments) Amendment Regulations, 2006 (No. 3)
- SR 116/2006 The Assessment Management Agency Amendment
Regulations, 2006
- SR 117/2006 The Saskatchewan Medical Care Insurance Payment
Amendment Regulations, 2006 (No.3)
- SR 118/2006 / RS 118/2006 The Small Claims Amendment
Regulations, 2006 (No. 2) / Règlement no 2 de 2006 modifiant le
Règlement de 1998 sur les petites créances
- SR 119/2006 The Milk Control Amendment Regulations, 2006 (No.
12)
The Index to periodical articles related to law is now available
through the Law Society of Saskatchewan Members' Section as part of
the HeinOnline Law Journal Library. The Index identifies
bibliographic information for articles published from 1958 to 2006
in periodicals not widely read by the legal profession. This index
focuses on items not indexed in LegalTrac, Current law index, Legal
resource index, Index to foreign legal periodicals & books, or
the Index to Canadian legal literature.
January 5, 2007
Lessons
learned: Lawyers' biggest career mistakes and successes, a CBA
PracticeLink article by Ann Macaulay, features Canadian lawyers
talking about their biggest mistakes and how these shaped their
careers. Lessons learned include:
- Own up when you're wrong
- Realize that what goes around, comes around, so deal with
others in a civil manner
- Make connections with others, professionally and socially
- Avoid problem clients
- Maintain your integrity
- Manage client expectations
- Cope effectively with stress
- Learn how to handle yourself in the courtroom
January 4, 2007
The Ontario Court of Appeal released a ruling declaring that
A.A. is a mother of D.D. A.A. and C.C. have been in a
same-sex union since 1990 and decided to start a family with the
assistance of their friend B.B. D.D. was born in 2001. A.A. applied
for a declaration that , like B.B. and C.C., she was D.D.'s
parent. (A.A. v. B.B.,
2007 ONCA 2)
January 3, 2007
The Regional Health Services Amendment Act, 2006,
S.S. 2006, c. 32, is proclaimed into force, effective January
2, 2007.
The Boiler and Pressure Vessel Act, 1999,
S.S. 1999, c. B-5.1, is proclaimed into force, effective
January 1, 2007.
The Cancer Agency Act,
S.S. 2006, c. C-1.1, is proclaimed into force, effective
January 2, 2007.
The Honourable Dallas K. Miller
is appointed a Judge of the Court of Queen's Bench of Alberta.
Mr. Justice Miller graduated with a Bachelor of Laws in 1984 from
the University of Saskatchewan.
January 2, 2007
Well-run appeals, a paper by the Honourable Mr. Justice J. E.
Côté, looks at appellate court procedures from across Canada and
makes recommendations for best practices. This paper is available
from the Canadian
Judicial Council website.