Library News
In their article "Canada's new anti-spam legislation" Laura
Weinrib and Alice Tsen discuss new restrictions and requirements in
sending electronic messages, enforcement and potential sanctions.
The authors suggest ways in which businesses may need to change
their communication practices in order to maintain compliance
[(2011) 52 Canadian Business Law Journal
123]. The legislation (S.C. 2010, c.
23) received Royal Assent on December 15, 2010, and draft
regulations were published in 2011. Following public comment,
revised regulations are expected in 2012, with the act
to come into force in 2012. For a copy of this article, please
contact the library at reference@lawsociety.sk.ca
or 569-8020 / 1-877-989-4999 (Regina) or 933-5141 / 1-888-989-7499
(Saskatoon).
An inter-ministerial committee has been formed to review
legislation affecting adults in vulnerable circumstances, and is
seeking comments on its
consultation paper until February 15, 2012.
The
January 2012 issue of
Criminological Highlights is now available. Published by the
University of Toronto's Centre for Criminology and Sociological
Studies, Criminological Highlights is "designed to provide an
accessible look at some of the more interesting criminological
research that is currently being published. Its focus is on
research that is policy relevant."
"Drafting non-competition clauses under the new Competition Act
section 45: avoidance of a criminal offence," an article by
Andrew Roman and Jordan Morelli, discusses how recent amendments to
section 45 of the Competition Act have led to uncertainty in the
interpretation and application of that section, resulting in an
increased risk for criminal prosecution and unjust conviction of
participants in agreements that include provisions to reduce
competition. The authors recommend that new non-competition clauses
be carefully drafted to avoid being caught by section 45(1) and
that existing agreements should be reviewed to make sure that what
was permitted before is not seen as criminal now (2011) 52 Canadian
Business Law Journal 95. For a copy of this article, please contact
the library at reference@lawsociety.sk.ca
or 569-8020 / 1-877-989-4999 (Regina) or 933-5141 / 1-888-989-7499
(Saskatoon).
The following regulations were published in The Saskatchewan
Gazette, Part II,
Vol. 108, No. 4, January 27, 2012:
- SR 2/2012 The Credit Union Amendment Regulations, 2012
The Government of Saskatchewan has accepted the recommendations of
the 2011 Provincial Court Commission regarding salary increases and
benefits for Provincial Court judges. For more information, please
view the government
news release and the commission's
report.
"Death as a taxable event: the problem of
multi-jurisdictional estates for Canadians and their heirs and a
road map for assessing potential liability," an article by
Catherine Brown, discusses the common factors used to determine tax
liability such as taxable event, tax rates, exemptions, deductions
and tax jurisdiction issues outside Canada, and includes a chart
that summarizes the inheritance, estate or other taxes levied at
death by 42 countries [(2011) 31 Estates, Trusts & Pensions
Journal 27]. For a copy of this article, please contact the library
at reference@lawsociety.sk.ca
or 569-8020 / 1-877-989-4999 (Regina) or 933-5141 / 1-888-989-7499
(Saskatoon).
The following regulations were published in The Saskatchewan
Gazette, Part II,
Vol. 108, No. 3, January 20, 2012:
- SR1/2012 The Provincial Sales Tax Amendment Regulations,
2012
The Supreme Court of Canada on January 20, 2012
delivered its judgment in Catalyst Paper Corp. v. North
Cowichan (District), 2012 SCC
2 (Municipal law - Bylaws - Validity - Standard of review
applicable to municipal taxation bylaw).
The Supreme Court of Canada on January 19, 2012
heard and reserved its decision in Attorney General of Canada
v. Downtown Eastside Sex Workers United Against Violence Society et
al.,
S.C.C. Case No. 33981.
The Supreme Court of Canada January 19, 2012
news release included:
- 3 leave applications granted
- 6 leave applications dismissed
The Supreme Court of Canada on January 18, 2012
heard and reserved its decision in Procureur général du Québec
et autres c. A et autres,
S.C.C. Case No. 33990.
The Supreme Court of Canada on January 17, 2012
heard and reserved its decision in Tessier Ltée c. Commission
de la santé et de la sécurité du travail,
S.C.C. Case No. 33935.
The Supreme Court of Canada on January 16, 2012
heard and reserved its decision in Alliance of Canadian Cinema,
Television & Radio Artists et al. v. Bell Alliant Regional
Communications, LP et al.,
S.C.C. Case No. 33884.
The Supreme Court of Canada on January 13, 2012
heard and reserved its decision in R. v. GlaxoSmithKline Inc.,
S.C.C. Case No. 33874.
The Canadian Centre for Elder Law has released a
report on mediation in adult guardianship recommending new
requirements for training and standards. The report is published on
the British Columbia Law Institute's website. Further
comments can be viewed at
Legal Feeds.
The Saskatchewan government is seeking feedback on the
Workers' Compensation Act Committee of Review report. All
stakeholders are encouraged to provide written submissions before
March 5, 2012, on 57 recommendations for changes to the workers'
compensation system in Saskatchewan. Feedback can be sent to cor-consultation@gov.sk.ca.
The report is available at
http://www.lrws.gov.sk.ca/committee-of-review-final-report-2011.
For more information, see the government
news release.
"Special Report: Tax Litigation Demystified", an article by
Pooja Samtani and Justin Kutyan, summarizes a presentation on
successful tax litigation held at the 61st annual Canadian Tax
Conference. Topics covered include trial preparation,
presentation of evidence, and arguments at trial and appeal [(2011)
59 Canadian Tax Journal 527]. For a copy of this article,
please contact the library at reference@lawsociety.sk.ca
or 569-8020 / 1-877-989-4999 (Regina) or 933-5141 / 1-888-989-7499
(Saskatoon).
The Supreme Court of Canada on January 12, 2012
heard and dismissed the appeal of R. v. Toronto-Dominion Bank,
S.C.C. Case No. 33878.
The Supreme Court of Canada January 12, 2012 news release
included:
The Supreme Court of Canada on January 11, 2012
heard and reserved its decision in Wayne Penner v. Regional
Municipality of Niagara Regional Police Services Board et al.,
S.C.C. Case No. 33959.
Article
Volume 38 of Advocates' Quarterly features Julian D. Payne's
"Recent developments in family law in the common law provinces."
The article focuses on child custody and access, and spousal and
child support [(2011) 38 Advocates' Quarterly 292]. For a copy,
please contact the library at reference@lawsociety.sk.ca
or 569-8020 / 1-877-989-4999 (Regina) or 933-5141 / 1-888-989-7499
(Saskatoon).
Court News
The Law Society Library in the Meadow Lake Courthouse has been
reopened to members only.
Federal Regulations
The Canada Gazette Part II,
Vol. 146, No. 1 contains 34 new regulations and orders
including:
- Assessment of Pension Plans Regulations,
SOR/2011-317
- Canada Deposit Insurance Corporation Differential Premiums
By-law - By-law Amending,
SOR/2011-312
- Canadian Aviation Security Regulations, 2012,
SOR/2011-318
Court Rules
The Rules of the Court of Queen's Bench for Saskatchewan
were amended, effective the 13th day of January, 2012.
Rule 745 and Schedule I "C" were repealed and replaced.
Article
David R. Boyd's article "No taps, no toilets: First Nations and
the constitutional right to water in Canada" discusses how the
Canadian government does not recognize the right to water, either
internationally or domestically; nor has any Canadian
court acknowledged the right. The author explores the
proposition that Canadians do possess a constitutional right to
water based on sections 7 and 15 of the Charter and section 36 of
the Constitution [(2011) 57 McGill Law Journal 81]. For a copy of
the article, please contact the library at reference@lawsociety.sk.ca
or 569-8020 / 1-877-989-4999 (Regina) or 933-5141 / 1-888-989-7499
(Saskatoon).
Federal Regulations
The Federal Child Support Guidelines (Federal Guidelines)
have been amended to update the Federal Child Support Tables
used to determine child support amounts. These amendments will come
into force on December 31, 2011.
Supreme Court of Canada
The Supreme Court of Canada December 22, 2011
news release included:
- 1 appeal - Reference Re Securities Act, 2011
SCC 66 (Constitutional law - Division of powers - Trade and
commerce - Whether proposed legislation valid under general branch
of federal power to regular trade and commerce)
- 1 granted leave application
- 10 dismissed leave applications
From the Library
On behalf of our members, the Law Society of Saskatchewan
Libraries has negotiated an online subscription to the CCH Canadian
Commercial Law Guide and the Canadian Labour Law Reporter. To
access, please visit the Members Section. Contact us
for questions, research support, or training.
