Library News

ViewAllNews Icon

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 SectionContact us for questions, research support, or training.