Library News Archive
May
News
The Office of the Saskatchewan Information and Privacy
Commissioner issued Investigative Report LA-2012-002
on May 9, 2012. The report examines the definition of "personal
information", authority for disclosure of personal information,
risks to individuals from indiscriminate Internet publication,
privacy enhancing technologies (PETS), web robot exclusions
protocol.
Article
In "Dissolving the boundaries between habit and disposition," U
of S Law Professor Michael Plaxton argues that the conceptual
confusion of treating habit and character or disposition as
unrelated evidentiary concepts would be eliminated by recognizing
evidence of habit as a species of character or disposition evidence
[(2011) 85 Criminal Reports (6th) 237]. For a copy of this article,
please contact
the library.
News
The Government of Saskatchewan is providing $4.4 million to
support 40 community-based agencies that offer community justice
and Aboriginal Courtworker programs across the province. For more
information, view the official government
news release.
Darin Clayton Chow of Moose Jaw, has been appointed a judge of
the Provincial Court for Yorkton. For more information, view the
official government
news release.
Advanced Education, Employment and Immigration Minister Rob
Norris introduced changes to the Saskatchewan Immigrant Nominee
Program (SINP). For more information, view the official government
news release.
Federal Proclamation
Sections 135 and 136 of the Safe Streets and Communities Act, S.C.
2012, c. 1, are proclaimed into force May 3, 2012 (P.C.
2012-559).
Supreme Court of Canada
The Supreme Court of Canada May 10, 2012
news release included:
The Supreme Court of Canada on May 8, 2012
heard and reserved its decisions in Annapolis County district
School Board v. Marshall
S.C.C. Case No. 34189.
The Supreme Court of Canada on May 7, 2012
heard and granted an oral hearing in R. v. Chehil,
S.C.C. Case No. 34524.
The Supreme Court of Canada on May 3, 2012
news release included 6 dismissed leave applications.
The Supreme Court of Canada on April 27, 2012
heard and released its decision in R. v Jesse, 2012
SCC 21 (Criminal Law - Evidence - Admissibilty - Similar fact
evidence)
Article
In "The triumph of plea bargaining," Ken Chasse argues that plea
bargaining can be taken too far. He suggests reforms such as
barring prosecutors from making suggestions as to the quantum of
sentence and requiring the sentencing judge to allow the accused to
withdraw his/her plea if the judge rejects a joint submission or
other sentencing agreement [(2011) 85 Criminal Reports (6th) 29].
For a copy of this article, please contact the library.
News
The Office of the Saskatchewan Information and
Privacy Commissioner issued Review Report LA-2012-002
on April 26, 2012. The report examines the question of what
constitutes "personal information"; threat to safety or the
physical or mental health of an individual.
Saskatchewan Regulations
The following regulations were published in The
Saskatchewan Gazette, Part II,
Vol. 108, No. 17 April 27, 2012:
-
SR21/2012 The Gopher Control Rebate Amendment
Regulations, 2012
-
SR22/2012 The Pest Control Products Amendment
Regulations, 2012
-
SR23/2012 The Saskatchewan Flax Development Plan
Amendment Regulations, 2012
April
News
A public inquest into the death of Travis Arthur Paranteau has
been scheduled for May 7 - 11, 2012, at 10 a.m. at the Court of
Queen's Bench in Saskatoon. For more information, please view the
government
news release.
Supreme Court of Canada
The Supreme Court of Canada on April 19, 2012
heard and reserved its decisions in R. c. Suganthini Mayuran,
S.C.C. Case No. 34526.
The Supreme Court of Canada on April 18, 2012
heard and reserved its decisions in Teva Canada Limited v.
Pfizer Canada Inc. et al.,
S.C.C. Case No. 33951.
The Supreme Court of Canada April 18, 2012
news release included the appeal of Club Resorts Ltd. v. Van
Breda, 2012
SCC 17 (Private international law - Choice of forum - Court
having jurisdiction - Forum non conveniens).
The Supreme Court of Canada on April 17, 2012
heard and reserved its decisions in Cogeco Cable Inc. et al. v.
Bell Media Inc. et al.,
S.C.C. Case No. 34231.
The Supreme Court of Canada on April 16, 2012
heard and reserved its decisions in R c. Carmelo Venneri,
S.C.C. Case No. 34523.
The Supreme Court of Canada on April 13, 2012
heard and reserved its decisions in R. v. JAdrian John Walle,
S.C.C. Case No. 34080.
The Supreme Court of Canada April 13, 2012
news release included the appeal of R. v. Tse, 2012
SCC 16 (Constitutional law - Charter of Rights - Search and
seizure - Interception of private communications).
News
The Honourable Brian A. Barrington-Foote, a lawyer with
MacPherson Leslie & Tyerman LLP in Regina, has been appointed a
judge of Her Majesty's Court of Queen's Bench. Justice
Barrington-Foote will replace Madam Justice E.J. Gunn, who became a
supernumerary judge on September 1, 2011. For more information,
view the government
news release.
Article
"Reconciling reasonable expectations of privacy and modern
technologies: U.S. v. Canadian approaches," an article by
Brock Jones, reviews recent case law in Canada and the United
States regarding the application of section 8 of the Charter and
the fourth amendment to the Bill of Rights to digital evidence on
personal computers, cell phones, smart phones, and e-mail messages
[(2011) 83 Criminal Reports (6th) 28]. For a copy of this article,
please contact
the library.
Federal Regulations
The Canada Gazette Part II,
Vol. 146, No. 8 contains 31 new regulations and orders
including:
- Canada Student Financial Assistance Regulations - Regulations
Amending,
SOR/2012-68
- Certain Regulations Made Under the Broadcasting Act -
Regulations Amending,
SOR/2012-57
- Certain Regulations Made Under the Canada Consumer Product
Safety Act (Miscellaneous Program) - Regulations Amending,
SOR/2012-71
Supreme Court of Canada
The Supreme Court of Canada April 12, 2012
news release included:
- 1 appeal - Fundy Settlement v. Canada, 2012
SCC 14 (Taxation - Income Tax - Trusts - Residence)
- 18 dismissed leave applications including two from Saskatchewan
- Abouabdallah v. College of Dental Surgeons of Saskatchewan,
2011 SKCA 99 and R. v. Seed,
2011 SKCA 109.
The Supreme Court of Canada April 11, 2012
news release included 1 reserved appeal - R. v. Personne
designee B, SCC No.
34053
The Supreme Court of Canada April 5, 2012
news release included;
- 5 granted leave applications
- 17 dismissed leave applications
The Supreme Court of Canada March 29, 2012
news release included;
- 2 granted leave applications
- 19 dismissed leave applications including two from Saskatchewa
- R. v Daniels,
2011 SKCA 67 and Hudson v. Canada (Attorney General),
2011 SKCA 112
- 1 oral hearing granted
Federal Proclamation
The Ending the Long-gun Registry Act,
S.C. 2012, c. 6, is proclaimed into force April 5, 2012 (P.C.
2012-519).
Saskatchewan Regulations
The following regulations were published in The Saskatchewan
Gazette, Part II,
Vol. 108, No. 14 April 5, 2012:
- C-50.2 Reg 26 The Totnes Viking Gas Storage Royalty
Regulations
- C-50.2 Reg 28 The Crown Oil and Gas Royalty Regulations,
2012
- F-22.1 Reg 4 The Totnes Viking Gas Storage Freehold Production
Tax Regulations
- F-22.11 Reg 1 The Freehold Oil and Gas Production Tax
Regulations, 2012
- F-22.11 Reg 2 The Recovered Crude Oil Tax Regulations,
2012
- O-2 Reg 5 The Petroleum Registry and Electronic Documents
Regulations
- O-2 Reg 6 The Oil and Gas Conservation Regulations, 2012
- P-13.2 Reg 3 The Statements of Provincial Interest
Regulations
- SR13/2012 The Petroleum Research Incentive Amendment
Regulation, 2012
- SR14/2012 The Weyburn Unit CO2 Crown Oil Royalty Amendment
Regulations, 2012
- SR15/2012 The Weyburn Unit CO2 Freehold Oil Production Tax
Amendment Regulations, 2012
- SR16/2012 The Fisheries Amendment Regulations, 2012
- SR17/2012 The Treaty Land Entitlement Withdrawal Amendment
Regulations, 2012
- SR18/2012 The Wildlife Amendment Regulations, 2012
- SR19/2012 The Film Employment Tax Credit Amendment Regulations,
2012
The following regulations were published in The Saskatchewan
Gazette, Part III,
Vol. 108, No. 14 April 5, 2012:
- SR12/2012 The Helium and Associated Gases Amendment
Regulations, 2012
March
News
The Office of the Saskatchewan Information and Privacy
Commissioner issued Review Report
F-2012-003 on March 29, 2012. The report examines disclosure
that could reasonably be expected to interfere with contractual or
other negotiations, the need to properly identify third parties,
and solicitor-client and 'legal advice' records.
Article
"Immunity shopping," an article by U of S law professor Robert
Flannigan, examines how foreign firms often claim the protection of
foreign liability rules. The author argues that a local dominance
rule is preferable for uniformity of liability, level competition
and for protection of the local population [(2011) 37 Queen's Law
Journal 39]. For a copy of this article, please contact the
library.
Saskatchewan Proclamation
The Oil and Gas Conservation Amendment Act, 2011,
S.S. 2011, c. 11, has been proclaimed into force April 1,
2012.
The Freehold Oil and Gas Production Tax Act, 2010,
S.S. 2010, c. F-22.11, except for s. 35(3) and 35(4), has been
proclaimed into force April 2012.
Federal Regulations
The Canada Gazette Part II,
Vol. 146, No. 7 contains 20 new regulations and orders
including:
- Electronic Commerce Protection Regulations (CRTC),
SOR/2012-36
- Canada Grain Regulations - Regulations Amending,
SOR/2012-38
- Canadian Aviation Security Regulations, 2012 (Identity
Screening and Aerodrome Security) - Regulations Amending,
SOR/2012-48
Federal Proclamation
Section 17 of The Canadian Securities Regulation Regime
Transition Office Act,
S.C. 2009, c. 2, s. 297 (Budget Implementation Act, 2009) is
proclaimed into force July 12, 2013 (P.C. 2012-341).
Supreme Court of Canada
The Supreme Court of Canada March 23, 2012
news release included the decision of R. v. Ipeelee, 2012
SCC 13 (Criminal law - Sentencing - Aboriginal offenders -
Breach of condition of long-term supervision order). The court
ruled that in sentencing aboriginal offenders, courts "must
take judicial notice of such matters as the history of colonialism,
displacement, and residential schools and how that history
continues to translate into lower educational attainment, lower
incomes, higher unemployment, higher rates of substance abuse and
suicide, and of course higher levels of incarceration for
Aboriginal peoples." See additional commentary at
Legal Feeds.
The Supreme Court of Canada on March 23, 2012
heard and reserved its decision in R. v. John H. Craig,
S.C.C. Case No. 34144.
The Supreme Court of Canada on March 22, 2012
heard and reserved its decisions in Frederick Moore on behalf
of Jeffrey P. Moore v. Her Majesty the Queen in Right of the
Province of British Columbia as represented by the Ministry of
Education et al.,
S.C.C. Case No. 34040, and Frederick Moore on behalf of Jeffrey
P. Moore v. Her Majesty the Queen in Right of the Province of
British Columbia as represented by the Ministry of Education et
al.,
S.C.C. Case No. 34041.
The Supreme Court of Canada March 22, 2012
news release included:
- The decision of Doré v. Barreau du Québec, 2012
SCC 12 (Administrative law - Judicial review - Standard of
review - Disciplinary council - Lawyer challenging
constitutionality of council's decision)
- 1 granted leave application
- 6 dismissed leave applications
The Supreme Court of Canada on March 21, 2012
heard and reserved its decisions in R. v. John Virgil Punko,
S.C.C. Case No. 34135, and R. v. Randall Richard Potts,
S.C.C. Case No. 34193.
The Supreme Court of Canada on March 20, 2012
heard and reserved its decision in Southcott Estates Inc. v.
Toronto Catholic District School Board,
S.C.C. Case No. 33778.
Saskatchewan Regulations
The following regulations were published in The Saskatchewan
Gazette, Part II,
Vol. 108, No. 12 March 23, 2012:
- SR11/2012 The Crop Insurance Amendment Regulations,
2012
Article
Keith Lenton's article, "A tough pill to swallow: criminal
culpability arising from an avoidable NCR state" examines the legal
defence of "not criminally responsible on account of mental
disorder" (NCR) and the possibility of holding such persons
accountable for recklessness perpetrated while they are in a stable
state [(2011) 35 Manitoba Law Journal 142]. For a copy of this
article, please contact the library.
Provincial Budget
Saskatchewan Finance Minister Ken Krawetz has tabled the
2012-2013 Budget and supporting documents:
News
The Saskatchewan Office of the Information and Privacy
Commissioner has released its Investigation Report LA-2012-001.
Supreme Court of Canada
The Supreme Court of Canada on March 19, 2012
heard and reserved its decision in R. v. Hans Jason Eastgaard,
S.C.C. Case No. 34337.
The Supreme Court of Canada on March 16, 2012
heard and reserved its decision in R. v. Marius Nedelcu,
S.C.C. Case No. 34228.
The Supreme Court of Canada March 16, 2012
news release included the decision of Halifax (Regional
Municipality) v. Nova Scotia (Human Rights Commission), 2012
SCC 10 (Administrative law - Judicial review - Standard of
review - Commission requesting appointment of board of
inquiry).
The Supreme Court of Canada on March 14 and 15, 2012
heard and reserved its decisions in:
The Supreme Court of Canada March 15, 2012
news release included:
- The decision of Momentous.ca Corp. v. Canadian American
Association of Professional Baseball Ltd., 2012 SCC
9 (Private international law - Jurisdiction of Ontario courts -
Choice of forum clauses)
- 4 dismissed leave applications
The Supreme Court of Canada on March 13, 2012
heard and reserved its decision in R. v. St.Michael Trust
Corp., as Trustee of the Fundy Settlement,
S.C.C. Case No. 34056, and R. v. St.Michael Trust Corp., as
Trustee of the Summersby Settlement,
S.C.C. Case No. 34057.
Federal Proclamations
The Jobs and Economic Growth Act, S.C.
2010, c. 12, sections 1650 to 1652, 1654, 1656, 1658,
1660,1662, 1663, 1665, 1666, 1668, 1669, 1671 to 1682, 1684, 1685,
1687 to 1691, 1693, 1695, 1697, 1698, 1700 to 1710, 1712 to 1715,
1717 to 1721, 1723, 1725 to 1727, 1729, 1731, 1733 to 1736, 1738,
1740, 1741, 1743, 1744, 1746 to 1753, 1755, 1757, 1759, 1761, 1763,
1765, 1767, 1769 to 1772 and 1774, have been proclaimed into force
March 16, 2012 (P.C. 2012-288).
Sections 154 and 155(3) of the Keeping Canada's Economy and Jobs
Growing Act, S.C. 2011, c. 24, have been proclaimed into force
March 15, 2012 (P.C. 2012-289).
Federal Regulations
The Canada Gazette Part II,
Vol. 146, No. 6 contains 20 new regulations and orders
including:
- Access to Funds Regulations,
SOR/2012-24
- Immigration and Refugee Protection Regulations - Regulations
Amending,
SOR/2012-20
- Metal Mining Effluent Regulations - Regulations Amending,
SOR/2012-22
- Negative Option Billing Regulations,
SOR/2012-23
- Saskatchewan Fishery Regulations, 1995 - Regulations Amending,
SOR/2012-32
- Weights and Measures Regulations - Regulations Amending,
SOR/2012-28
Article
"Recent judicial developments of interest to energy lawyers," an
article by Colin Feasby, Simon Baines and Daina
Kvisle, features 35 short case summaries in the areas of
aboriginal law, administrative law, conflict of laws, contracts,
environmental law, freehold leases, rights of first refusal,
surface rights, unjust enrichment and taxation [(2011) 49 Alberta
Law Review 427]. For a copy of this article, please contact the
library.
Saskatchewan Regulations
The following regulations were published in The Saskatchewan
Gazette, Part II,
Vol. 108, No. 10 March 9, 2012:
- SR8/2012 The Securities Commission (Adoption of National
Instruments) Amendment Regulations, 2012 (No. 2)
- SR9/2012 The Information Technology Office Service Amendment
Regulations, 2012
- SR10/2012 The Land Titles Amendment Regulations, 2012
Supreme Court of Canada
The Supreme Court of Canada March 8, 2012
news release included:
■6 dismissed leave applications, including the Saskatchewan case
R. v. Debby Karen Green,
S.C.C. Case No.34576
■1 motion for extension of time
The Supreme Court of Canada March 1, 2012
news release included:
■7 dismissed leave applications
■1 motion for extension of time and application for leave to
appeal
Court Appointment
Inez J. Cardinal, Q.C. has been appointed the
newest judge of Saskatchewan's Provincial Court. Judge
Cardinal will work in Meadow Lake until November 2012 and will
then be based in Melfort, where she will replace Judge
Lorna Dyck, who will be transferring to the Provincial Court in
North Battleford. For more information, view the government
news release.
Saskatchewan Proclamation
Sections 3(a), 3(b), 3(e), 5, 6, 9, 11 to 16, 18, 22, 23(1),
23(3) and 23(4) of the Land Titles Amendment Act, 2009,
S.S. 2009, c. 21, have been proclaimed into force March 5,
2012.
February
Supreme Court of Canada
The Supreme Court of Canada February 28, 2012
news release included the appeal of Richard v. Time Inc., 2012 SCC
8 (Consumer protection - Prohibited business practices - False
or misleading representations)
The Supreme Court of Canada February 23, 2012
news release included:
- 2 granted leave applications
- 9 dismissed leave applications
The Supreme Court of Canada on February 17, 2012
heard and reserved its decision in Joan Clements, by her
Litigation Guardian, Donna Jardine v. Joseph Clements,
S.C.C. Case No. 34100.
The Supreme Court of Canada February 17, 2012
news release included the appeal of S.L. v. Commission scolaire
des Chênes, 2012 SCC
7 (Constitutional law - Charter of Rights - Freedom of religion
- Schools)
Saskatchewan Proclamation
Sections 20, 21, 53, 54 and 65 of the Local Government Election
Amendment Act,
2011, S.S. 2011, c. 9, have been proclaimed into force March 1,
2012.
Saskatchewan Regulations
The following regulations were published in The Saskatchewan
Gazette, Part II,
Vol. 108, No. 7, February 17, 2012:
- SR4/2012 The Securities Commission (Adoption of National
Instruments) Amendment Regulations, 2012
- SR5/2012 The Land Bank Temporary Provisions Amendment
Regulations, 2012
- SR7/2012 The Local Government Election Amendment Regulations,
2012
The following regulations were published in The Saskatchewan
Gazette, Part III,
Vol. 108, No. 7, February 17, 2012:
- SR6/2012 The Provincial Lands Amendment Regulations, 2012
News
The Office of the Saskatchewan Information
and Privacy Commissioner has released Review Report
F-2012-001/LA-2012-001, concerning records received in
confidence from local authority; financial, commercial information
supplied in confidence by third party.
Supreme Court of Canada
The Supreme Court of Canada on February 16, 2012
heard and reserved its decision in R. v. Riccardo Bellusci et
al,
S.C.C. Case No. 34054.
The Supreme Court of Canada on February 15, 2012
heard and reserved its decision in R. v. Sam Tuan Vu,
S.C.C. Case No. 34286.
The Supreme Court of Canada on February 14, 2012
heard and allowed the appeal of R. v. T.L.M.,
S.C.C. Case No. 34288, 2012 SCC 6.
The Supreme Court of Canada on February 13, 2012
heard and reserved its decision in City of Westmount v. Richard
Rossy, et al.,
S.C.C. Case No. 34060.
The Supreme Court of Canada on February 10, 2012
heard and reserved its decision in Momentous.ca Corporation et
al. v. Canadian American Association of Professional Baseball Ltd.
et al.,
S.C.C. Case No. 33999.
The Supreme Court of Canada February 10, 2012
news release included:
■1 appeal - R. v. D.A.I., 2012 SCC
5 (Criminal law - Evidence - Testimonial competence - Adults
with mental disabilities)
The Supreme Court of Canada on February 9, 2012
heard and reserved its decision in Professional Institute of
the Public Service of Canada et al. v. Attorney General of Canada
et al.,
S.C.C. Case No. 33968.
Article
"Contractual rectification in the pension context," an article
by Douglas Rienzo, explores rectification of a contract where a
party alleges that the wording does not reflect the agreement of
the parties and asks the court to re-write the contract to correct
the error, in the context of pension plans and whether
rectification can affect members' accrued pension benefits. (2011)
31 Estates, Trusts & Pensions Journal 101. For a copy of this
article, please contact us.
Saskatchewan Regulations
The following regulations were published in The Saskatchewan
Gazette, Part II,
Vol. 108, No. 6, February 10, 2012:
- SR3/2012 The Provincial Court Compensation Amendment
Regulations, 2012
Supreme Court of Canada
The Supreme Court of Canada February 9, 2012
news release included:
■1 appeal - Reference re Broadcasting Act, 2012 SCC
4 (Communications law - Broadcasting - Internet - Internet
service providers providing end‑users with access to broadcasting
over the Internet)
■9 dismissed leave applications
The Supreme Court of Canada on February 8, 2012
heard and reserved its decision in R. v. Clato Lual Mabior,
S.C.C. Case No. 33976.
Article
In her article, "The limited availability of specific
performance of agreements for the sale of land since Semelhago v.
Paramadevan," Candace Wells discusses how after Semelhago, [1996]
2 SCR 415, courts no longer grant specific performance
automatically in the case of a breach of contract to sell
land. The article looks at subsequent case law and the effect
of this decision on the assessment of damages when a purchaser
abandons its claim for specific performance and elects damages at
trial [(2011) 39 Advocates' Quarterly 171]. For a copy of this
article, please contact the library.
News
The Office of the Saskatchewan Information
and Privacy Commissioner has released Review Report
F-2012-002.
The Saskatchewan Court of Queen's Bench has released its
decision on Saskatchewan Federation of Labour v. Saskatchewan,
2012 SKQB 62.
Supreme Court of Canada
The Supreme Court of Canada on February 3, 2012
delivered its judgment in Merck Frosst Canada Ltd. v. Canada
(Health), 2012 SCC
3 (Access to information - Third party information - Exemptions
- Notice requirements - Severance).
The Supreme Court of Canada February 2, 2012
news release included:
- 1 leave application granted
- 19 leave applications dismissed
Article
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
us.
Consultation
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.
News
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."
Article
"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 us.
January
Saskatchewan Regulations
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
News
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.
Article
"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 us.
Saskatchewan Regulations
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
Supreme Court of Canada
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.
News
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.
Consultation
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.
Article
"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.
Supreme Court of Canada
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.
From the Library
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.
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 (Constutitional 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.