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News Archives - January to December, 2002 |
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December 31, 2002 Thirteen Saskatchewan lawyers were honoured with Queen's Counsel (QC) appointments on Dec. 30, 2002. December 30, 2002 The Honourable E.D. Bayda, Chief Justice of Saskatchewan, The Honourable W.F. Gerein, Chief Justice of the Court of Queen's Bench, and The Honourable G.T. Seniuk, Chief Judge of the Provincial Court for Saskatchewan, announced the appointment of Colleen A. Yanush as Communications Officer for the Saskatchewan Courts Public Information Committee. One role of this office is to enhance the public's understanding of the court system. December 27, 2002 The library has collected $165.00 from the sale of our cookbooks, Book Plates I and II. This amount has been donated to the Regina Food Bank. Thank you to everyone who contributed! We are now accepting donations in exchange for copies of Book Plates III to be given to Saskatoon’s Food Bank. If you would like a copy, please email us at orders@lawsociety.sk.ca. December 24, 2002 The federal act, Export and Import of Rough Diamonds Act S.C. 2002, c. 25, comes into force Jan. 1, 2003. Sections 54 to 64 of the Anti-terrorism Act S.C. c. 41 come into force Jan. 6, 2003 (SI/2002-164). These provisions amend the Proceeds of Crime (Money laundering) Act, specifically the provisions providing for mandatory reporting to customs officers of the importation or exportation of currency or monetary instruments of a value equal to or greater than the amount prescribed. December 23, 2002 The Consumer Price Index for November is now available. The index rose by 4.3% from November 2001 to November 2002. The Federal government announces a resolution framework to help settle the large number of claims for compensation by former students of Indian residential schools. Regulations pursuant to a number of Federal statutes, such as the Fish Inspection Act, the Health of Animals Act, the Criminal Code, the Firearms Act, DNA Identification Act and others, appear in the Canada Gazette Part II, Vol. 136, no. 26. A Act to amend the Saskatchewan Farm Security Act S.S. 2002, c.55, which changes farm ownership rules in Saskatchewan, will come into effect on Jan. 1, 2003. December 18, 2002 Two articles on using computers in your practice, Joining E-mail with Knowledge Management Systems and Electronic Discovery is a fact of Life, appear in the New York Law Journal. December 17, 2002 The Federal government and Presbyterian Church of Canada have reached an agreement in principle on how the church will participate in compensating former residential school students with validated claims. R. Shawn Smith, Q.C., of Regina and Donna L. Wilson, Q.C., of Saskatoon have been appointed judges of the Court of Queen's Bench of Saskatchewan. December 16, 2002 The Federal act, Species at Risk Act, received Royal assent on Dec. 12, 2002. The act will be proclaimed in force in 2003. The amendments to the United Nations Suppression of Terrorism Regulations appear in the Canada Gazette Part I, Vol. 136, Extra, no. 17. The following regulations appear in the Saskatchewan Gazette Part II, Vol. 98, no. 50, Dec. 13, 2002:
December 13, 2002 The tobacco companies' request to declare the Tobacco Act, S.C. 1997, c. 13 and two of its regulations unconstitutional was denied in the Québec Superior Court by Mr. Justice Denis. The government's duty to protect public health outweighs the freedom of expression to market a harmful product. (J.T.I. MacDonald Corp. v. Attorney General for Canada, December 13, 2002) Ms. Pana Papas Merchant of Regina has been appointed to the Senate, effective immediately. She is joined by two other women, Maria Chaput of Manitoba and Pierrette Ringuette-Maltais of New Brunswick. Recent Judicial Appointments effective December 12 and 13, 2002
December 12, 2002 The Federal government introduced legislation for implementation of a national sex offender registration system (Bill C-23). December 11, 2002 The Saskatchewan government introduces new regulations governing the monitoring of drinking water and waste water treatment systems. The Water Regulations, 2002 are not yet available online. The Federal government introduced amendments to the Divorce Act (Bill C-22), which will eliminate the terms “custody” and “access” from the act. A new Representation Act, 2002, Bill 88, was introduced into the Saskatchewan Legislature on Dec. 9, 2002. The Act will redraw Saskatchewan’s 58 constituency boundaries. December 10, 2002 The following Saskatchewan regulations appear the Saskatchewan Gazette Part II, Vol. 98, no. 49, Dec. 6, 2002:
The date for the inquest into the death of Sonia Keepness has been set for March 3th to 6th, 2003. Ms. Keepness died while in inmate in the Pine Grove Provincial Correctional Centre. Representatives from eight law societies in Canada signed the National Mobility Agreement on Dec. 9, 2002. December 6, 2002 On Dec. 5, 2002, the Federal Minister of Justice introduced a bill amending the Criminal Code into the House of Commons. This bill will help to safeguard children and other vulnerable persons from sexual exploitation, abuse and neglect, and will better protect victims and witnesses in criminal justice proceedings. December 5, 2002 The amendments to the Federal Court Rules SOR/2002- 417 appear in the Canada Gazette Part II, Vol. 136, no. 25. Included in these amendments are new rules for class actions. December 4, 2002 Section 6 of the Saskatchewan Highway Traffic Amendment Act, 2002 S.S. 2002, c. 48 was proclaimed in force Dec. 1, 2002. December 3, 2002 The following Saskatchewan regulation appears in the Saskatchewan Gazette Part II, Vol. 98, no. 48, Nov. 29, 2002: F-13.4 Reg. 25 The Corporation Capital Tax (Resource Corporation) Exemption Regulations The following Saskatchewan statute was proclaimed in force Nov. 22, 2002: The Health Quality Council Act S.S. 2002 c. H-0.04 Manitoba’s Highway Traffic Amendment and Consequential Amendments Act S.M. 2001, c. 29, that was proclaimed in force on Dec. 2, 2002, will allow for the seizure, forfeiture and sale of the vehicles driven by impaired drivers. December 2, 2002 The Saskatchewan Court of Appeal rendered a judgment on an appeal of a lower court decision in an action for damages for sexual battery. The respondent had been awarded damages against the appellant on the basis that the appellant was vicariously liable for the acts of a third party. (Canada (Attorney General) v. L. (H.) 2002 SKCA 131) The following regulation appears in the Canada Gazette Part II, Vol. 136, Extra, no. 16:
The Honourable Martin Cauchon, Minister of Justice and Attorney General for Canada, released an update on Canada's firearms program. On Nov. 28, 2002, the Federal Court of Appeal rendered judgment on an appeal in which the main issue was whether the Human Rights Commission is permitted to investigate an allegation of discrimination by a discharged employee of the House of Commons against the former Speaker of the House, or whether parliamentary privilege blocks such an inquiry. (House of Commons v. Vaid 2002 FCA 473) The Federal Court has issued a notice that the Governor-General has approved the Rules amending the Federal Court Rules, 1998 and the Class Proceeding Rules and miscellaneous Rules. November 28, 2002 The Commission on the Future of Health Care in Canada has released its final report. Federation of Law Societies issued a Money-Laundering update on reporting of cross-border transactions that commences on Jan. 6, 2003. November 26, 2002 The Supreme Court of Canada agenda for the month of December, 2002 is now available. The federal Department of Finance announced the publication of the final set of regulations designed to combat money laundering and terrorist financing. These regulations appear in the Canada Gazette Part II, Vol. 136, Extra, no. 15:
November 25, 2002 March 31st to April 11th, 2003 is the date set for the inquest into the death of Michael Storhmal and Feb. 17th to the 28th is the date set for the inquest into the death of Vernon Crowe. Both men died in two separate incidents while being restrained by police. The federal statute, Nuclear Fuel Waste Act S.C. 2002, c. 23, came into effect Nov. 15, 2002. The following regulations appeared in the Saskatchewan Gazette Part II, Vol. 98, no. 47, dated November 22, 2002:
The Ontario Court of Appeal ruled on an appeal in which the central issue was whether an employer who implements a partial wind up of its defined benefit pension plan has a legal obligation to distribute that part of the actuarial surplus then in the plan that is attributable to the members of the plan who are affected by the partial wind up. Monsanto Canada had appealed a lower court decision that stated the employees should receive a share of the surplus. (Monsanto Canada Inc. v. Superintendent of Financial Services, Nov. 22, 2002) (Globe and Mail, Nov. 23, 2002) November 22, 2002 Robert Gibbings was appointed the new chair of the Saskatchewan Legal Aid Commission. Andromahi
Karakatsanis of Toronto was appointed
a judge of the Superior Court of Justice in Toronto on Nov. 21, 2002. November 21, 2002 Regulations pursuant to a number of Federal statutes, such as the Customs Tariff, the Food and Drugs Act, the Migratory Birds Convention Act, 1994 and others, appear in the Canada Gazette Part II, Vol. 136, no. 24. The Consumer Price Index for October is now available. Canadian consumers paid 3.2% more in October than in October 2001 for the goods and services. November 20, 2002 An inquest into the death of Dennis Turchenek will be held February 11th, 12th, and 13th, 2003. Mr. Turchenek died in the Regional Psychiatric Centre. The Federal Government and the Anglican Church have announced a compensation agreement when dealing with residential school claims. The following Saskatchewan statute was proclaimed in force Nov. 15, 2002 but retroactive to Jan. 1, 1983:
November 18, 2002 The
October issue of
Law Practice Management has a number of articles on merging law practices.
November 15, 2002 The Northwest Territories Supreme Court upheld a lower court decision to banish a man from the community. Ronald Felix had pled guilty to two charges of breach of probation, a charge of assault with a weapon and a charge of assault and had been sentenced to a total of 18 months and 15 days imprisonment and 2 years probation. One of the conditions of probation was that he was not to be within the town limits of Tuktoyaktuk. (R v. Felix 2002 NWTSC 63) (National Post Nov. 11, 2002). November 14, 2002 Sections 13(1), 13(2), 13(3), 13(6) to (8), 17 and 18 of An Act to Amend the Statute Law in Relation to Veterans' Benefits, S.C. 2000, c.34 proclaimed in force Dec. 15, 2002. The Federation of Law Societies has announced latest update on Money Laundering Legislation. An inquest into the death of Duane Bauman will take place December 10th to 13th, 2002 in Saskatoon. Mr. Bauman died while being held in detention. November 13, 2002 Yves-Marie Morissette of Montréal was appointed a judge of the Quebec Court of Appeal on Nov. 8, 2002. The Canadian Bar Association latest release of EPIIgram entitled “In search of work-life balance” is available online. November 8, 2002 In a recent Federal Court of Canada decision, the court ruled on an application for an injunction by number of Saskatchewan First Nations to prohibit the Attorney General for Canada, and any agents or servants of Her Majesty the Queen in right of Canada, from applying or enforcing the Criminal Code, R.S.C. 1985, Chap. C-46, and Firearms Act, S.C. 1995, c. 39 to or against the Applicants and their members in Saskatchewan in respect of their purchase, possession or use of an "ordinary firearm" or ammunition. (Saskatchewan First Nations v. Canada (Attorney General) 2002 FCT 1131, Oct. 31, 2002) The federal Minister of Justice has made available a number of reports on the following topics:
The Nova Scotia Court of Appeal reversed a lower court decision that had awarded the province’s highest ever defamation damages. The judgment had involved two lawyers and a member of the Halifax police force. The lower court decision is reported at Campbell v. Jones 2001 NSSC 139, 197 NSR(2d) 212. (Globe and Mail – Nov. 7, 2002) November 6, 2002 The following Saskatchewan statutes have been proclaimed in force on Nov. 1, 2002:
Regulations pursuant to a number of Federal statutes, such as the Food and Drugs Act, the Employment Insurance Act, Canadian Employment Protection Act and others, appear in the Canada Gazette Part II, Vol. 136, no. 23. November 5, 2002 The Manitoba government has announced that the Manitoba Statutes are now available online at no charge. The website contains the current version of over 450 acts and 800 regulations made under those acts. It includes up-to-date amendments to the acts in the Continuing Consolidation of the Statutes of Manitoba also. November 4, 2002 Guy Chicoine, Q.C. has been appointed a judge of the Saskatchewan Provincial Court. The following regulations appeared in the Saskatchewan Gazette Part II, Vol. 98, no. 44, dated November 1, 2002:
November 1, 2002 The Government of Canada introduced in the House of Commons a package of public safety initiatives in support of its Anti-Terrorism Plan. The proposed Public Safety Act, 2002 replaces Bill C-55, which was introduced on April 29, 2002, but died on the order paper when Parliament was prorogued in September. October 30, 2002 Federal Finance Minister John Manley's economic and fiscal update 2002 for Canada was released today. October 29, 2002 The following Saskatchewan statute was proclaimed in force Oct. 25, 2002:
October 28, 2002 The second step for increasing the minimum wage in Saskatchewan will come into force on Nov. 1, 2002. The new minimum wage will be $6.65 per hour The following regulations appeared in the Saskatchewan Gazette Vol. 98, no. 43, dated October 25, 2002:
Proposed amendments to the Immigration and Refugee Protection Regulations appear in the Canada Gazette Part I, Vol. 136, no. 43, p. 3233. October 25, 2002 Financial Action Task Force on Money Laundering releases update to list of non-cooperative countries and territories. October 23, 2002 The dates for three inquests have been set: Nov. 5 to 7, 2002 – inquest into the death of Glen Vandall, Nov. 4, 2002 – inquest into the death of Peter Powjowy and Nov. 1, 2002 – inquest into the death of Edmond Laderoute. The Canada Gazette Part II, Vol. 136, no. 22 contains amendments to regulations of the following statutes:
The Consumer price index for September 2002 is now available. Consumers paid 2.3% more in September 2002 than in September 2001 for the goods and services included in the consumer price index basket. The index is down from the amount for August 2002 of 2.6%. October 22, 2002 The third round of data from the 2001 Census, covering marital status, common-law status, families, dwellings and households, is now available. The Supreme Court of Canada has released the agenda for the period, Oct. 28, to Nov. 7, 2002. October 21, 2002 The journal, Law Practice Management, contains an article, Automating Templates, that outlines the steps necessary to set up a well designed document assembly system. October 18, 2002 The Supreme Court of Canada revised one of the leave applications that was in the Oct. 17, 2002 press release. The decision, Association des juges administratifs du Tribunal administratif du Québec c. Barreau de Montréal, Procureur général du Québec et Barreau du Québec (Qué.), was dismissed not granted. The
British Columbia Court of Appeal recently heard an appeal of a lower court
decision that ruled the Provincial Crown had violated the s. 15 equality
rights of the infant petitioners by not supplying state funded health
services to treat a seriously disabling affliction.
(Auton
v. British Columbia (Attorney General) 2002 BCCA 538) (Globe
and Mail, Oct. 17, 2002) October 16, 2002 In a recent Saskatchewan Court of Appeal judgment, the Court overturned a lower court decision and ruled that the Prince Albert Elks Club had violated s. 16(1) of the Saskatchewan Human Rights Code when they dismissed an employee who was married to an inmate in the Saskatchewan Penitentiary in Prince Albert. (Saskatchewan Human Rights Commission v. Prince Albert Elks Club Inc. 2002 SKCA 106) October 15, 2002 The following amendment to a regulation appeared in the Saskatchewan Gazette Part II, Vol. 98, no. 41, October 11, 2002:
Patrick Joseph Flynn, of Kitchener, was appointed a judge of the Ontario Superior Court of Justice on Oct. 11, 2002. Clément Gascon, of Montréal, was appointed a judge of the Superior Court of Quebec on Oct. 11, 2002. Judith A. Snider, of Calgary, was appointed a judge of the Federal Court of Canada - Trial Division on Oct. 11, 2002. John D. Truscott, Q.C., Laura B. Gerow, James W. Williams and David M. Masuhara, all of Vancouver, were appointed judges of the British Columbia Supreme Court on Oct. 11, 2002. October 11, 2002 The Journal of Information, Law and Technology contains the article “Privacy in the Age of Information”. It discusses how easy personal information may be obtained by strangers in the electronic environment. October 9, 2002 The Human Resources Development Canada department is making changes to protect the integrity and the security of the Social Insurance Number. One of the first steps to be implemented is the deactivation of any SINs that have not been used for five years. The Canada Gazette Part II, vol. 136, no.21 contains a number of regulations made pursuant to many different acts, some of which are the Public Service Employment Act, the Immigration and Refugee, the Bank Act, the Controlled Drugs and Substances Act, the Access of Information Act and the Privacy Act. October 8, 2002 The following amendment to a regulation appeared in the Saskatchewan Gazette Vol. 98, no. 40, dated October 4, 2002:
October 7, 2002 The Canada Gazette Part I, vol. 136, no. 40 contains a number of proposed regulations including one amending the DNA Identification Regulations, a new Saskatchewan Canola Order and three proposed amendments to the Canadian Aviation Regulations. The Federation of Law Societies has provided the Financial Action Task Force on Money Laundering (FAFT) with comments regarding its Forty Recommendations and Consultation Paper. See news item on the Federation web site. October 4, 2002 The New York Law Journal contains an article entitled “Keeping your password safe and unbreakable”. It provides links to five web sites that offer help and shareware programs. October 3, 2002 The following Saskatchewan statutes were proclaimed in force Oct. 1, 2002:
The Honourable Pierre J. Dalphond and the Honourable Pierrette Rayle, judges of the Quebec Superior Court, were appointed judges of the Quebec Court of Appeal on Oct. 2, 2002. Jacques R. Fournier, of Montreal, was appointed a judge of the Superior Court of Quebec on Oct. 2, 2002. October 2, 2002 The Emergency Protection for Victims of Child Sexual Abuse and Exploitation Act S.S. 2002, c. E-8.2 and The Highway Traffic Act S.S. 1986, c. H-3.1, s. 94.1 as amended by s. 17 of the Highway Traffic Amendment Act, 2002 S.S. 2002, c. 48, s. 17 are now in effect. October 1, 2002 Parts of the federal statute, An Act to Amend the Customs Act and to Make Related Amendments to Other Acts, S.C. 2001, c.25 (Bill S-23), were proclaimed in force. Dates and sections in force are shown below:
September 30, 2002 The Throne Speech from the opening of the Second Session of the Thirty-seventh Parliament is now available. The following amendments to regulations appeared in the Saskatchewan Gazette Vol. 98, no. 39, dated September 27, 2002:
September 27, 2002 In a recent Federal Court of Canada decision, the court ruled on whether the licensing process of the McClean Lake Uranium Mining Project in northern Saskatchewan should be made pursuant to the Canadian Environment Assessment Act, S.C. 1992, c. 37. This Act, which came into force in 1995, was not in place when the licensing process was initiated. (United-Church Uranium Committee Educational Co-Operative v. Canada (Atomic energy Control Board) 2002 FCT 994) September 26, 2002 Justice Barclay of the Saskatchewan Queen's Bench ruled that the ban on advertising and displaying tobacco products, that the Saskatchewan government implemented in March of this year in the Tobacco Control Act, did not contravene the federal Tobacco Act that allows advertising at the point of sale. (Rothmans, Benson & Hedges Inc. v. Saskatchewan 2002 SKQB 382) September 25, 2002 The following Federal Regulations appear in the Canada Gazette Part II, Vol. 136, no. 20:
Statistics Canada released the latest statistics on homicides in Canada. Spousal homicide increased but the number of young offenders charged with homicide dropped to a 30 year low. In a recent Alberta Court of Appeal decision, the court found that the limitations imposed upon a government employee’s right to criticize his employer breached s. 2(b) of the Charter. The government had argued that the employee owed his employer a duty of fidelity and that duty is a reasonable limit on freedom of expression under s.1 of the Charter. (A.U.P.E. v. Alberta 2002ABCA 202) September 23, 2002 The following amendments to regulations appeared in the Saskatchewan Gazette Vol. 98, no. 38, dated September 20, 2002:
The Supreme Court of Canada announced the list of appeals that will be heard from Oct. 1 to Oct. 10, 2002. September 20, 2002 Health Canada has announced the launch of consultations on the review of federal regulations concerning bottled water and prepackaged ice. The document is entitled Making it Clear - Renewing the Federal Regulations on Bottled Water: A Discussion Paper can be found on the Health Canada Internet site. Comments on the document should be submitted by November 30, 2002. The consumer price index for August 2002 is now available. It rose 2.6% since last August. The
federal Department of Justice commissioned a study to track recent
developments in language law. The
report, Environmental
Scan: Access to Justice in Both Official Languages,
is now available. September 18, 2002 In a recent Alberta Queen’s Bench decision, Justice Wilson ruled that the Northern Alberta Institute of Technology (NAIT) must distribute monies received from sale of shares that resulted when the Mutual Life Insurance Company demutualized. NAIT and its employees obtained a group participating policy with the insurance company and both the employer and the employees paid the premiums. (N.A.I.T. Academic Staff Association v.N.A.I.T., 2002 ABQB 750) September 17, 2002 An application for leave to appeal was submitted to the Supreme Court of Canada in the decision, City of Regina v. Empringham Catering Services Ltd. See SCC bulletin Sept. 13, 2002. September 16, 2002 The Canadian Bar Association welcomes the decision by the Supreme Court of Canada to uphold the fundamental principle that clients' communications with their lawyers must be protected. Lavallee, Rackel & Heintz v. Canada (Attorney General) 2002 SCC 61 As of September 15, 2002, any person operating a powered recreational vessel less than 4 meters, including personal water craft, will need to meet specified training requirements and get a license. See Competency of Operators of Pleasure Craft Regulations SOR/99-53, s. 5(b) September 13, 2002 The following Federal Regulations appear in the Canada Gazette Part II, Extra, Vol. 136, no. 13:
September 12, 2002 Federal regulations made pursuant to following federal statutes, the Canadian Environmental Protection Act, 1999, the Canadian Wheat Board Act, the Broadcasting Act, the Farm Products Agencies Act, and the Canadian Egg Marketing Agency, appear in the Canada Gazette Part II, Vol. 136, no. 19. Sept. 10, 2002, the Ontario Court of Appeal ruled on the question of whether lawyers and their clients are prohibited from entering into contingency fee agreements in relation to civil lawsuits in Ontario. The Estate of Ronald McIntyre commenced a wrongful death action against Imperial Tobacco and Venturi and, at the outset of the litigation, sought a declaration that a proposed contingency fee agreement with their lawyers was not prohibited. (McIntyre Estate v. Ontario (Attorney General) Sept. 10, 2002) September 11, 2002 We remember the victims of September 11, 2001 especially Saskatchewan residents who were directly affected by the loss of family members. September 9, 2002 The following amendments to regulations appeared in the Saskatchewan Gazette Vol. 98, no. 36, dated September 6, 2002:
The following amendments to regulations appeared in the Saskatchewan Gazette Vol. 98, no. 35, dated August 30, 2002:
September 6, 2002 The Special Senate Committee on Illegal Drugs has released a report entitled Cannabis: Our Position for a Canadian Public Policy. The Committee concluded that cannabis (also known as marijuana) should be legalized. On Sept. 4, 2002, the Federal Court of Appeal dismissed an appeal by Percy Schmeiser of a lower court decision that found he had violated a patent held by Monsanto on herbicide-resistant canola. (Globe and Mail, Sept. 6, 2002)(Schmeiser v. Monsanto Canada Inc. 2002 FCA 309) September 5, 2002 The following Federal Regulations appear in the Canada Gazette Part II, Extra, Vol. 136, no. 12:
The Supreme Court of Canada dismissed leave to appeal application in tainted blood case between the Canadian Red Cross Society and three plaintiffs, Judy Rintoul, Alma Robb and Christopher La Blanc. Two of the plaintiffs had given up compensation offered by the province in order to launch a court action. (Globe and Mail, Sept. 5, 2002) September 4, 2002 Ontario Superior Court Judge Chadwick dismissed an action for damages against the hosts of a party. Desmond Desormeaux had been a guest at the party at the home of Zimmerman and Courrier and after leaving the party, had an accident that injured Ms. Childs. Though the Court found that the hosts were partially liable, it didn’t want to expand tort law to include the social host. (Childs v. Desormeaux, Aug. 30, 2002) September 3, 2002 Federal regulations made pursuant to a number of federal statutes, such as the Canadian Environmental Protection Act, 1999, the Financial Administration Act, the Public Service Staff Relations Act, the Access to Information Act, the Privacy Act, the Public Service Employment Act, the Income Tax Act and others, appear in the Canada Gazette Part II, Vol. 136, No. 18. August 30, 2002 The Senate Special Committee on Illegal Drugs will release
its final report on cannabis at a news conference in the National Press
Theatre, 1st floor, 150 Wellington St. in Ottawa at 11:00 a.m., Wednesday,
September 4, 2002. The Canadian Bar Association comments on Industry Canada’s Proposals to Modernize Canada’s competition regime. The Canadian Bar Association has issued a new EPIIgram that provides update information on the National Real Estate Project which is a three-year joint initiative with the Federation of Law Societies. Its mandate is to provide members of the legal profession and their governing bodies with a mechanism to monitor and address issues arising from rapid changes in all aspects of real estate and transfers of property. The New York Law Journal contains an article entitled “The importance of communication”. It provides 8 tools or signals used by successful communicators. August 28, 2002 The Federation of Law Societies National Mobility Task Force has released its final report: A Framework For National Mobility. Under the proposed mobility framework, lawyers may provide legal services in other common law jurisdictions in Canada on a temporary basis for a cumulative period limited to 100 days in a calendar year. (from BCCLS) The consumer price index for July 2002 is now available. It is the largest 12-month increase since September 2001. It rose 2.1% since last July. August 26, 2002 The Federation of Law Societies has issued a notice to the profession regarding the exemption from Part 1 of the Proceeds of Crime Act for lawyers across Canada and notaries in Quebec. For further information in Saskatchewan please contact reception@lawsociety.sk.ca or contact the Federation at info@flsc.ca. The Federal government has announced plans to review lawful access laws that deal with interception of communications by law enforcement and national security agencies. The consultation paper is available online at www.canada.justice.gc.ca/en/cons/la_al. Deadline for submissions is November 15, 2002. The following amendments to regulations appeared in the Saskatchewan Gazette Vol. 98, no. 34, dated August 23, 2002:
August 15, 2002 The new Lawyers' Professional Liability Insurance Group Policy is now available. August 14, 2002 The following regulations appear in Canada Gazette Part II, vol. 136, no. 17, dated August 14, 2002:
August 13, 2002 Effective August 1, 2002, Richard Rendek, Q.C. has been appointed as the Acting Information and Privacy Commissioner for Saskatchewan. August 9, 2002 Simon Noël, of Hull, was appointed a judge of the Federal Court of Canada - Trial Division. August 8, 2002 Mme Justice Marie Deschamps, from the Quebec Court of Appeal, was appointed to the Supreme Court of Canada today. On Aug. 8, 2002, the High Court of Australia rendered a landmark ruling on Aboriginal land rights in Australia. (Globe and Mail, Aug. 8, 2002) (Western Australia v. Ward, 2002 HCA 28) August 7, 2002 The Ontario Court of Appeal allowed the appeal of an extradition order in the decision, Canada (Minister of Justice) v. Pacificador. Mr. Pacificador is wanted to stand trial in the Republic of Philippines for the assassination of Evelino Javier, a prominent political figure. He had appealed his extradition on the grounds that it would violate his rights under s. 7 of the Charter. (Canada (Minister of Justice) v. Pacificador, August 1, 2002) August 6, 2002 The federal Department of Justice has launched consultations on the DNA Data Bank. The legislation establishing the Data Bank was proclaimed in force June 30, 2000 and a review of the laws is now being carried out. Federal regulations made pursuant to a number of federal statutes, such as the Canada Grain Act, the Bank Act, the Cooperative Credit Association Act, the Customs Tariff Act and others, appear in the Canada Gazette Part II, Vol. 136, No. 16. Volume 1 of the Public Accounts released by the Saskatchewan government is now available online. August 1, 2002 The federal government is considering the creation of new Criminal Code offences to deal with voyeuristic activity. Specifically, what is being considered is the creation of a substantive offence to deal with voyeurism, as well as an offence to criminalize the distribution of materials generated by voyeurism. The Department is also seeking your views on whether a voyeurism scheme should include defences, and what kind of penalty scheme would be appropriate. The deadline for feedback is Monday, September 16, 2002. An abridged version of the consultation paper Voyeurism as a Criminal Offence : A Consultation Paper and the Minister’s announcement contain contact information. July 30, 2002 The following proposed regulations appear in the Canada Gazette Part I, dated July 27, 2002:
July 29, 2002 In a recent Saskatchewan Court of Appeal judgment, the court discussed the procedure to be followed when applying for leave to appeal a ruling in a Class Action proceeding. (Hoffman v. Monsanto Canada Inc. 2002 SKCA 86) July 24, 2002 The regulation, Regulations Establishing a List of Entities, made pursuant to the Criminal Code appears in the Canada Gazette Part II Extra, Vol. 136, no. 10. On July 19, 2002, the Ontario Court of Appeal allowed an appeal of a lower court judgment in the decision, R. v. Hurrell. Mr. Hurrell appealed the dismissal of his application for a declaration that s. 117.04 of the Criminal Code violates s. 8 of the Charter of Rights and Freedoms. A warrant made pursuant to s. 117.04 of the Criminal Code had been issued to search Mr. Hurrell’s home and a number of items had been seized. July 23, 2002 The date was set for the inquest into the death of Keldon Garfield McMillan. Mr. McMillan was fatally shot on May 19th, 2001, during an altercation with Saskatoon City Police and the RCMP. The consumer price index for June 2002 is now available. July 22, 2002 The following regulations appear in the Saskatchewan Gazette Part II, Vol. 98, no. 29, July 19, 2002:
July 19, 2002 Proposals for the electoral districts for Saskatchewan appear in the Canada Gazette Part I Supplement June 13, 2002. The Supreme Court of Canada rendered judgment on 1 leave application and the following appeal July 18, 2002:
July 18, 2002 Federal regulations pursuant to the following federal statutes, the Criminal Code, the Canadian Wheat Board Act, the Canada Transportation Act, and the Customs Tariff Act, appear in the Canada Gazette Part II, Vol. 136, No. 15. Judicial appointments effective July 17, 2002:
July 17, 2002 The Crime Statistics for 2001 are now available. The following Saskatchewan Acts were proclaimed in force July 15, 2002:
July 16, 2002 The Ontario Court of Appeal agreed with a lower court decision to award damages of $15,000 for intentional infliction of mental suffering. Iole Prinzo had received the amount as part of her judgment in her wrongful dismissal action against her former employer, Baycrest Centre for Geriatric Care. (Prinzo v. Baycrest Centre for Geriatric Care, July 10, 2002) July 15, 2002 The following regulations appear in the Saskatchewan Gazette Part II, Vol. 98, no. 28 July 12, 2002:
July 12, 2002 On July 12, 2002, a three-judge panel of the Ontario Supreme Court made a ruling that the provincial government must register same sex marriages. The Metropolitan Community Church and a number of couples had challenged the constitutionality of the government’s refusal to register their marriages. (Globe and Mail, July 12, 2002) July 11, 2002 The Canadian Human Rights Commission announced a new policy on employment drug testing. The Supreme Court of Canada rendered judgment on 24 leave applications and on the following appeal on July 11, 2002:
The third session of the 24th Saskatchewan Legislative Assembly adjourned on July 10, 2002. A complete list and description of the legislation from this session is available online. The progress of this legislation can be found on the Legislative Assembly web site. July 10, 2002 The Canadian Department of Justice has set up a web site, which gives information on the new Youth Criminal Justice Act. The new act is expected to come into force April 2003. July 9, 2002 The Minister of Justice and Attorney General of Canada, the Honourable Martin Cauchon, announced that measures in Bill C-15A to protect children from sexual exploitation will come into force on July 23, 2002. Members are invited to review a draft of proposed Rules revisions relating to "Service". July 8, 2002 The Saskatchewan Farm Security Amendment Act, 2002 (Bill 79) was read the third time and passed in Legislature on July 4, 2002. The Act has not been proclaimed in force. July 5, 2002 Federal regulations pursuant to the following federal statutes, the Immigration and Refugee Protection Act, the Canada Student Financial Assistance Act, the Canada Student Loans Act, Hazardous Materials Information Review Act, the Employment Insurance Act as well as a number of others, appear in the Canada Gazette Part II, Vol. 136, No. 14. The date has been set for the inquest into the death of Velvet Anaquod. Ms. Anaquod died while being admitted to the Pinegrove Correctional Centre in Prince Albert. July 4, 2002 The Enforcement of Maintenance Orders Amendment Act, 2002, S.S. 2002, c. 4, was proclaimed in force July 1, 2002. July 3, 2002 The following regulations appear in the Saskatchewan Gazette Part II, Vol. 98, no. 26, June 28, 2002:
July 2, 2002 Queen's Bench Forms Online - The new password was scheduled to be effective on July 2, 2002. There is a delay in activating the new password. We will post a new message when the changed forms and new password are ready. Earl D. Johnson, Q.C., of Yellowknife was appointed a judge of the Nunavut Court of Justice in Iqaluit On June 27, 2002. Herman J. Wilton-Siegel of Toronto was appointed a judge of the Superior Court of Justice on June 27, 2002. In a judgment rendered by the Federal Court of Canada on June 27, 2002, the plaintiff challenged the constitutionality of section 19(1)(a)(ii) of the Immigration Act on the grounds that it contravenes both section 7 and section 15 of the Charter of Rights and Freedoms. Angela Chesters, a German citizen, had applied to immigrate to Canada and had been denied admission because of a medical condition. (Chesters v. Canada (Citizenship and Immigration) 2002 FCT 727) June 28, 2002 The new Rules of the Supreme Court come into force June 28, 2002 and the current rules will be repealed. Pursuant to Rule 96 of the new Rules, the repealed rules will continue to apply to any case where the notice of appeal was filed before June 28, 2002. Changes to section 56 of Employment Insurance Regulations to charge interest on new or existing debt resulting only from intentional misrepresentation will be effective on July 1, 2002. June 27, 2002 The Government of Saskatchewan introduced the Saskatchewan Farm Security Amendment Act, 2002 (Bill C-79) into legislature on June 26, 2002. June 26, 2002 The Saskatchewan Court of Appeal released their reasons for judgment on the following appeal:
The forms for the Federal Court Rules are available online. June 25, 2002 The following regulation appears in the Saskatchewan Gazette Part II, Vol. 98, no. 25, June 21, 2002:
Justice Allbright of the Saskatchewan Court of Queen’s Bench rendered a judgment in the decision, Huerto v. College of Physicians and Surgeons, on June 13, 2002. Dr. Huerto had applied to have his interim suspension to practice medicine issued by the College of Physicians and Surgeons quashed. (Huerto v. College of Physicians and Surgeons 2002 SKQB 252) In a recent Federal Court of Appeal decision, the court allowed the application for a judicial review of the definition of "spouse" in s. 2(1) of the Canada Pension Plan in so far as it requires a common law spouse, but not a married spouse, to have resided with the contributor at the date of the contributor's death. (Hodge v. Canada (Minister of Human Resources Development) 2002 FCA 243) On June 24, 2002, the United State Supreme Court ruling in
the decision, Ring
v. Arizona, that juries not judges must decide if a convicted murderer
will face the death penalty, affects
the death penalty laws in five states. June 24, 2002 The Ethanol Fuel Act (Bill C-1) received Royal Assent on June 20, 2002. The Act will not be proclaimed in force until the industry has had a chance to develop. Federal regulations pursuant to the following federal statutes, the Customs Tariff, the Excise Act, the Motor Vehicle Safety Act, the Food and Drugs Act, the Canada Labour Code, the Non-smokers’ Health Act, and the United Nations Act plus a number of other acts, appear in the Canada Gazette Part II, Vol. 136, No. 13. June 21, 2002 Money Laundering Update: The third set of proposed money laundering and terrorist financing regulations will be published in the June 22, 2002 issue of the Canada Gazette, Part I. These proposed regulations deal with reporting large cross-border currency and monetary transactions. June 19, 2002 Justice Ritter of the Alberta Court of Queen’s Bench awarded the plaintiff damages in a recent decision against the Alberta Attorney General and a number of prosecutors and police. Jason Dix had claimed for abuse of process, abuse of public office, malicious prosecution, false imprisonment, negligence, conspiracy, and breach of his Charter rights after he had been arrested and accused of murder. June 18, 2002 The following Saskatchewan regulation appears in the Saskatchewan Gazette Part II, Vol. 98, no. 24, June 14, 2002:
Amendments to the French version of the Queen’s Bench Rules appear in the Saskatchewan Gazette Part I, Vol. 98, no. 24, June 14, 2002 on page 693. Amendments to the Federal Court Immigration Rules, 1993 will come into force on June 28, 2002. The First Nations Governance Act (Bill C-61) was introduced into the House of Commons on June 14, 2002. June 17, 2002 Regulations made pursuant to the Immigration and Refugee Protection Act appear in the Canada Gazette Part II, Extra, Vol. 136, No. 9. An Act to Amend the Competition Act and the Competition Tribunal Act S.C. 2002, c. 16 (Bill C-23) except for section 15 comes into force June 21, 2002. P.C. 2002-1072. Sections of the Criminal Law Amendment Act, 2001 S.C. 2002, c. 13 (Bill C-15A) (includes provisions for exploitation of children, including through the Internet, increasing penalties for criminal harassment, disarming a police officer, as well as other provisions) come into force on different dates as shown below:
June 14, 2002 Saskatchewan's first class action decision was recently released. In the decision between a group of organic farmers and Monsanto Canada Inc. and Aventis Cropscience Canada Holding Inc., Justice Smith of the Court of Queen’s Bench ordered the defendants to file a Statement of Defence prior to certification. (Hoffman v. Monsanto Canada Inc. 2002 SKQB 190) On June 13, 2002, the Federal government introduced into the House of Commons legislation, the Specific Claims Resolution Act (Bill C-60), to help in the filing, negotiation and resolution of specific claims of the First Nations. The Consumer Price Index is available for May 2002. June 13, 2002 The Saskatchewan government introduced the Cities Act (Bill-75) into legislature on June 12, 2002. Doug Moen, Q.C. was appointed Deputy Minister of Justice and Deputy Attorney General. The appointment becomes effective Sept. 1, 2002. June 12, 2002 Sections 2, 26 and 29, subsection 45(2), sections 47 and 53, subsection 88(2), sections 89 and 90, subsection 91(2) and sections 92 to 98 of the Act to Amend the Customs Act and to Make Related Amendments to Other Acts, S.C. 2001, c.25 (Bill S-23) will come into force on July 1, 2002; P.C. 2002-967. The new Immigration and Refugee Protection Regulations were released June 11, 2002. The new regulations will come into force on June 28, 2002 when the new Immigration and Refugee Protection Act comes into force. June 11, 2002 Federal regulations pursuant to the following federal statutes, the Public Service Employment Act, the Foreign Missions and International Organizations Act, the Seeds Act, the Employment Insurance Act, the Farm Products Agencies Act and the Food and Drugs Act, appear in the Canada Gazette Part II, Vol. 136, No. 12. Amendments to the Criminal Code, Bill C-15A, that contains new legislation to protect children from sexual exploitation, Internet luring and child pornography, received Royal Assent on June 10, 2002. The majority of the bill will come into force shortly. Paul S. Rouleau and Michelle Fuerst of Toronto, Robert J. Smith of Hawkesbury, C. Anne Bain of St. Catharines, Johanne N. Morissette of Rockland and Edward Ducharme of Windsor were appointed judges of the Ontario Superior Court of Justice on June 4, 2002. Marie St-Pierre of Montreal was appointed a judge of the Superior Court of Quebec on June 4, 2002. The Honourable Kendra Goulding of Grand Falls-Windsor was appointed a judge of the Supreme Court of Newfoundland, Trial Division, on June 5, 2002. David Salmers of Oshawa was appointed a judge of the Ontario Superior Court of Justice on June 5, 2002. June 10, 2002 The following Saskatchewan Regulations appear in the Saskatchewan Gazette Part II, Vol. 98, no. 23, June 7, 2002:
The following Saskatchewan Regulation appears in the Saskatchewan Gazette Part III, Vol. 98, no. 23, June 7, 2002:
A number of bills were introduced into Saskatchewan legislature in the past week. Some have been noted below.
June 4, 2002 Mme Justice Claire L'Heureux-Dubé is retiring as a Justice of the Supreme Court of Canada. There will be a ceremony marking the event on June 10, 2002. June 3, 2002 The Saskatchewan government introduced amendments to the Member’s Conflict of Interest Act (Bill 63) on May 31, 2002. Justice Lemieux of the Federal Court of Canada refused to grant an injunction requested by Clem Paul and the North Slave Metis Alliance to stop further steps from being taken toward the completion or implementation of an agreement between the Dogrib First Nation and the federal government on land claims and self-government for the North Slave region in the Northwest Territories. (Clem v. Her Majesty in the Right of Canada 2002 FCT 615, May 31, 2002) § May 31, 2002 The Ontario Court of Appeal released a judgment on a decision involving the issue whether the Ontario courts should assume jurisdiction over out-of-province defendants in claims for damage sustained in Ontario as a result of a tort committed elsewhere. (Muscutt v. Courcelles, May 29, 2002) The CRTC announced new rules on rates for local phone service. § May 30, 2002 An inquest into the death of Melvin Wayne Bigsky will take place September 30th to October 4th, 2002. § May 29, 2002 The Saskatchewan government introduced a bill into legislation on May 28, 2000 that will allow residents to choose the type of automobile injury insurance they want. Bill C-57 will amend the Automobile Accident Insurance Act so that either no-fault or tort insurance will be available to insurers. Amendments to the Seed Regulations, made pursuant to the Seed Act RSC 1985, c. S-8, took effect May 23, 2002. The new amendments deal with the certification of seed potatoes. § May 28, 2002 QuickLaw has announced that they are in final negotiations to be sold to LexisNexis Butterworths. The sections of the following federal statutes were proclaimed in force:
§ May 27, 2002 The following Saskatchewan Regulations appear in the Saskatchewan Gazette Part II, Vol. 98, no. 21, May 24, 2002:
The Saskatchewan government introduced amendments to the Urban Municipality Act, 1984 (Bill C-54), the Rural Municipality Act, 1989 (Bill C-55) and the Northern Municipalities Act (Bill C-56) on May 24,2002, which will reduce provincial government involvement in local decision-making and allow for new property assessment methods. § May 22, 2002 The Saskatchewan Court of Appeal released their reasons for judgment on the following appeal:
Federal regulations pursuant to the following federal statutes, the Public Service Employment Act, the Canada Marine Act, the Canadian Environmental Protection Act, 1999, the Canadian Air Transport Security Authority Act and the Food and Drugs Act as well as a number of other statutes, appear in the Canada Gazette Part II, Vol. 136, No. 11. The Consumer Price Index for April 2002 is now available. § May 21, 2002 Sections 1 to 17, 20, 21, 22(1), 22(2), 22(7), 22(10) and 23 of the Saskatchewan Public Trustee Amendment Act, 2001, S.S. 2001, c. 33, were proclaimed in force May 17, 2002. § May 16, 2002 On May 14, 2002, the Federal Court of Appeal rendered judgment on an appeal by CCH Canadian Ltd., Carswell Thomson and Canada Law Book against the Law Society of Upper Canada over copyright infringement. The Federation of Law Societies of Canada and the Attorney General of Canada have reached an agreement for a test case in the B.C. Supreme Court to resolve the constitutionality of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act. § May 15, 2002 The Saskatchewan government introduced legislation that will regulate businesses that conduct fund-raising for charitable organizations. The Charitable Fund-raising Act, Bill 49, will require such businesses to get a license. § May 14, 2002 Sections 6, 9, subsection 45(2), sections 62 to 65, 83 and 98 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, S.C. 2000, c.17 will come into force June 12, 2002; P.C. 2002-780. The Ontario Court of Appeal has ruled on the interpretation and constitutional validity of the definition of “spouse” under Ontario’s social assistance legislation. The definition in the Family Benefits Regulations was amended in 1995. Under this amended definition, once persons of the opposite sex began living together, they were presumed to be spouses unless they provided evidence to the contrary. (Falkiner v. Director, Income Maintenance Branch, May 13, 2002) § May 13, 2002 The following Saskatchewan Regulations appear in the Saskatchewan Gazette Part II, Vol. 98, no. 19, May 10, 2002:
Darryl Bogdasavich, Q.C. was appointed a judge of the Provincial Court for Regina on Mar. 10, 2002. Barry Singer, Q.C. was appointed a judge of the Provincial Court for Saskatoon on Mar. 10, 2002. The new federal Immigration and Refugee Protection Act will become law on June 28, 2002 New regulations to combat money laundering and terrorist financing have been announced. They will be published in the May 14, 2002 edition of the Canada Gazette Part II. (Proceeds of Crime (Money Laundering) and Terrorist financing Regulations, SOR/2002-184, Regulations Amending the Proceeds of Crime (Money Laundering) Suspicious Transaction Reporting Regulations, SOR/2002-185) § May 10, 2002 The Court of Appeal released its decision in E.F. Anthony Merchant v. Law Society of Saskatchewan on May 10, 2002. Lane and Jackson JJ.A., in joint reasons, dismissed the appeal from the decision of the Law Society’s Hearing Committee in which the appellant was found to have engaged in a marketing activity in a manner that was contrary to the Law Society rules and the Code of Professional Conduct and, as a result guilty of conduct unbecoming of a lawyer. The majority also dismissed the appeal against the penalty imposed by the Law Society’s Discipline Committee. In dismissing the appeal, the majority held that the appropriate standard of review on the question of law was correctness and on the decision, taken overall, and the penalty was that of reasonableness. The majority held that the decisions of both committees were reasonable. In a dissenting judgment, Bayda C.J.S. found it unnecessary to determine the appropriate standard of review. His analysis of the Law Society Rules and the Code lead him to conclude that the law, when properly interpreted, is applied to the undisputed facts, there was no breach of the Rules or Code. In the result the finding of conduct unbecoming ought not to have been made. (Merchant v. Law Society of Saskatchewan, 2002 SKCA 60 (92 pages, 219KB)) [Case summary provided by Court of Appeal] On May 10, 2002 the Court of Appeal released its judgment in Wind Power Inc. v. Saskatchewan Power Corporation. In dismissing the appeal the Court held that Saskatchewan Power Corporation, a Crown Corporation, was not obliged to proceed with Contract “B” after the unilateral Contract “A”, originating from a request for proposals for a wind generated electrical facility, was completed. The Court held that s. 10 of The Power Corporation Act, which requires that Cabinet approve transactions of such value, could not be superceded by the terms of the request for proposals or by the actions of the Crown Corporation. (Wind Power Inc. v. Saskatchewan Power Corporation, 2002 SKCA 61 (33 pages, 87KB)) [Case summary provided by Court of Appeal] § May 9, 2002 Federal Regulations pursuant to a number of federal statutes, such as the Employment Insurance Act, the Public Service Employment Act, the Canadian Environmental Protection Act, 1999, the Insurance Companies Act and the Bank Act as well as many other statutes, appear in the Canada Gazette Part II, Vol. 136, No. 10. On May 9, 2002, the Federal government introduced legislation that will limit stem-cell research, ban human cloning and deal with other human reproduction issues. The Act Respecting Assisted Human Reproduction (Bill C-56) is available online. (Globe and Mail, May 9, 2002) § May 8, 2002 On May 7 2002, the Alberta government introduced two bills into legislature that defines the legal context for the nature of interdependent relationships outside of marriage and sets out the applicability of Alberta laws to them. (Adult Interdependent Relationships Act, Bill 30 & Intestate Succession Amendment Act, 2002, Bill 29) § May 7, 2002 Anna Maria Crugnale-Reid, a partner with the firm of Gerrand Rath Johnson in Regina, was appointed a judge of the Provincial Court for Moose Jaw on May 6, 2002. § May 6, 2002 The following Saskatchewan Regulation appears in the Saskatchewan Gazette Part II, Vol. 98, no. 18, May 3, 2002:
§ May 3, 2002 The Federal Court of Appeal has suspended the ruling that gave tax-free status to certain groups of the Cree and Dene people of Alberta, Saskatchewan, British Columbia, and the Northwest Territories under Treaty 8. On May 1, 2002, the Federal Court of Appeal rendered judgment on an application for a judicial review of the decision by the Copyright Board on who can be made liable to pay royalties to the owners of the copyright in music that is transmitted on the Internet. (Society of Composers, Authors and Music Publisher of Canada v. Canadian Association of Internet Providers, 2002 FCA 166) § May 2, 2002 The computer training in Moose Jaw scheduled for today, May 2nd, has been cancelled. We will be rescheduling in June. Notices will be posted and sent as soon as possible. The Saskatchewan government introduced The Prescription Drugs Amendment Act, 2002, Bill 39, into legislature on May 1, 2002. The changes will help the government collect information on prescriptions filled in the province. § May 1, 2002 The Federal government introduced new anti-terror bill, Public Safety Act, 2002, Bill C-55. (Globe and Mail, Apr. 30, 2002) The Saskatchewan government introduced The Paramedics Act, 2002, Bill 38, into legislature on Apr. 30, 2002. § April 30, 2002 The following Saskatchewan Regulations appear in the Saskatchewan
Gazette Part II, Vol. 98, no. 17, Apr. 26, 2002:
The report by the Action Committee on Rural Economy is available online. The Federal Minister of Justice tabled a report on the Federal Child Support Guidelines. The report recommends a number of changes to the Guidelines. § April 29, 2002 The European Court of Human Rights in Strasbourg, ruled unanimously (MS Word format) that British authorities had not violated the European rights convention by refusing to grant Diane Pretty's husband immunity from prosecution if he helped her die. The British woman is paralyzed from the neck down by motor neuron disease and had applied to the courts to not prosecute her husband if he assisted her to commit suicide. Although suicide is not illegal in England, assisted suicide is pursuant to the English Suicide Act. (Globe and Mail, Apr. 29, 2002) § April 26, 2002 A Canadian charity, Earth Fund, applied for and was granted a licence to have a lottery by the Lieutenant Governor in Council of Prince Edward Island. The charity wanted to promote and sell tickets world-wide over the Internet. The Lieutenant Governor referred a number of questions about the illegality of the lottery to the Prince Edward Island Supreme Court – Appeal Division. (Reference, Re Earth Future Lottery, 2002 PESCAD 8) The Supreme Court of Canada rendered judgment on the following appeals April 26, 2002:
The Supreme Court of Canada granted leave to appeal to the Attorney General of Canada of a decision by Madam Justice Allan of the British Columbia Supreme Court. The Judge had granted B.C. lawyers exemption from complying with the requirements of the s. 5 of the Proceeds of Crime (Money Laundering) Suspicious Transaction Reporting Regulations. § April 25, 2002 Justice Ball of the Saskatchewan Court of Queen’s Bench was asked to determine the extent to which a labour arbitrator has jurisdiction to decide an issue when another forum has jurisdiction to decide the same issue. The Judge found “that the legislation is compatible with more than one forum. However, in a unionized workplace, the most appropriate choice is labour arbitration with the arbitrator’s decision subject to judicial review. Once a forum with jurisdiction is chosen by the complainant (as it was here), others should defer to that forum to avoid a multiplicity of proceedings and minimize the potential for conflicting decisions”. (United Food and Commercial Workers, Local 1400 v. Westfair Foods Limited 2002 SKQB 154, Apr. 17, 2002) The Supreme Court of Canada has enacted new Rules of Practice. The new rules, SOR/ 2002-156, will come into force June 28, 2002. The Supreme Court of Canada heard the following appeal on Apr. 24, 2002:
The Supreme Court of Canada rendered judgment on 8 leave applications and the following 3 appeals on Apr. 25, 2002:
Federal Regulations pursuant to a number of federal statutes, such as the Farm Products Agencies Act, the Canada Labour Code, the Income Tax Act, the Preclearance Act and the Supreme Court Act as well as other statutes, appear in the Canada Gazette Part II, Vol. 136, No. 9. § April 24, 2002 The following Saskatchewan Regulations appear in the Saskatchewan Gazette Part II, Vol. 98, no. 16, Apr. 19, 2002.
The following Federal Regulation appears in the Canada Gazette Part II, Extra, Vol. 136, No. 6:
The Consumer Price Index for March 2002 is now available. The Supreme Court of Canada heard the following appeal Apr. 23, 2002:
§ April 22, 2002 On April 17, 2002, the Inter-jurisdictional Support Orders Act, Bill 28, was introduced into the Saskatchewan legislature. The new Bill will help streamline the process for obtaining, changing and enforcing support orders outside the province. Some of the other provinces have already introduced similar legislation. The Supreme Court of Canada rendered judgment on the following appeals on April 17, 2002:
The Supreme Court of Canada rendered judgment on 14 leave applications on April 22, 2002. Chief Justice Kennedy of the Nova Scotia Supreme Court released written reasons (MS Word format) for the oral judgment given on March 21, 2002, exempting Nova Scotia lawyers from complying with certain provisions of the Regulations made pursuant to the Proceeds of Crime (Money Laundering) Act. Brenda J. Brown of Vancouver was appointed a judge of the Supreme Court of British Columbia in Vancouver on Apr. 18, 2002. The Honourable Keith G. Ritter, a judge of the Alberta Court of Queen's Bench, was appointed a judge of the Alberta Court of Appeal on Apr. 18, 2002. Eric F. Macklin, Q.C., and Donna C. Read of Edmonton and Vital O. Ouellette of St. Paul, Alberta were appointed judges of the Alberta Court of Queen's Bench in Edmonton, Alberta on Apr. 18, 2002. § April 19, 2002 The library will now accept registrations from members located anywhere in the province to attend the training sessions in Humboldt (April 23, from 9 am – noon) and Moose Jaw (May 2, from 1 – 4 pm). There are still spots available and registrations will be taken on a first-come, first-served basis. If you know someone who has expressed interest in attending a training session, but that person does not use the Internet yet (because they need training!), please pass on this information. For further details, please call Erin George in Regina at 1-877-989-4999. § April 18, 2002 Justice Gerein of the Saskatchewan Court of Queen’s Bench ordered that legal counsel practicing in Saskatchewan are exempt from the application of s. 5 of the Regulations to the Proceeds of Crime (Money Laundering) Act pending a determination of the challenge of the constitutionality of the application being heard. (Federation of Law of Societies of Canada v. Canada (Attorney General) 2002 SKQB 153, Apr. 15, 2002) § April 17, 2002 The Law Society of Saskatchewan is now a partner in the Canadian Consumer Information Gateway, which attempts to provide Canadians with the most extensive source of reliable inter-jurisdictional consumer information available on the Internet. The press release describes the site and its new service called the Complaint Courier. On Apr. 16, 2002, the Saskatchewan government introduced into legislature an amendment to the Enforcement of Maintenance Orders Act (Bill 27) that will make privately held companies liable for maintenance support that the sole shareholder has been ordered to pay. The Supreme Court of Canada heard the following appeal Apr. 16, 2002:
§ April 16, 2002 Members are invited to review a new draft (April 15) of proposed Rules revisions relating to "Costs" and to send their written comments or suggestions to any member of the Joint CBA/Law Society Rules of Court Committee. [Write-up and materials provided by Brian Scherman, Balfour Moss (Saskatoon)] The Supreme Court of Canada heard the following motion on Apr. 15, 2002:
The United States Supreme Court struck down a federal pornography law that makes it a crime to have computer-generated pictures that look like real children engaged in sexual acts. They ruled the law violates free-speech rights. (Globe & Mail, Apr. 16, 2001) (Ashcroft v. Free Speech Coalition, Apr. 16, 2002) § April 15, 2002 The Saskatchewan government introduced a new Cost of Disclosure Act, 2001, Bill 25, into legislature on April 12, 2002. The new act will come into force on July 1, 2003. Commission on First Nations and Metis Peoples and Justice Reform started hearings in Regina today. § April 12, 2002 The Saskatchewan government introduced a new Powers of Attorney Act, 2002 , Bill 24, into legislature on Apr. 11, 2002. The following Saskatchewan Regulations appear in the Saskatchewan Gazette Part II, Vol. 98, no. 15, Apr. 12, 2002.
§ April 11, 2002 Federal Regulations pursuant to a number of federal statutes, such as the Public Service Staff Relations Act, the Fisheries Act, the Customs Tariff Act, the Customs Act, the Bank Act, the Insurance Companies Act, the Trust and Loans Companies and the Canadian Wheat Board Act as well as other statutes, appear in the Canada Gazette Part II, Vol. 136, No. 8. The Supreme Court of Canada rendered judgment on 8 leave applications on Apr. 11, 2002. § April 10, 2002 New legislation was introduced into the Saskatchewan Legislature on April 9, 2002 that will regulate collection agents. The Collection Agents Amendment Act, Bill 21, adds a number of new provisions to the current list of prohibited collection practices. § April 9, 2002 The Consumer Protection Amendment Act, 2002, Bill 20, was introduced into Saskatchewan legislature on Apr. 8, 2002. The amendments will regulate Internet sales contracts and will limit the liability of a credit card holder for unauthorized use of a credit card. § April 8, 2002 The following Saskatchewan Regulations appear in the Saskatchewan Gazette Part II, Vol. 98, no. 14, Apr. 5, 2002.
The Report of the Commission of Inquiry on matters relating to the safety of public drinking in North Battleford is available. § April 5, 2002 The Supreme Court of Canada rendered judgment on 8 leave applications and 3 rehearing applications Apr. 4, 2002. The following Federal Regulation appears in the Canada Gazette Part II, Extra, Vol. 136 No. 5:
§ April 4, 2002 The Saskatchewan Court of Appeal has upheld the dismissal of a human resources manager who misrepresented his qualifications when applying for that position. The Court agreed with the lower court decision that found that Lyle O'Donnell had overstated his qualifications when he applied to work for Bourgault Industries Ltd. and misrepresented his capability for the work he was hired to do. (O’Donnell v. Bourgault Industries Ltd., 2002 SKCA 38) (Q.B. 182 SaskR 117) New pension regulations giving Saskatchewan retirees more control over their retirement income came into effect on Apr. 3, 2002. The following Federal Regulation appears in the Canada Gazette Part II, Extra, Vol. 136 No. 4:
§ April 3, 2002 Euthanasia became legal in the Netherlands Monday, April 1, 2002. It is the first country to permit mercy killing. (Globe and Mail, Apr. 1, 2002) § April 2, 2002 The following Saskatchewan Regulations appear in the Saskatchewan Gazette Part II, Vol. 98, no. 13, Mar. 28, 2002:
§ April 1, 2002 The Supreme Court of Canada rendered judgment on 2 leave applications and the following appeals Mar. 28, 2002:
Federal Regulations pursuant to a number of federal statutes, such as the Canada Deposit Insurance Corporation Act, the Federal-Provincial Fiscal Arrangements Act, the Fish Inspection Act, the Income Tax Act, the Canada Shipping Act, Patent Act, the Office of the Superintendent of Financial Institutions Act and the United Nations Act plus a number of other statutes, appear in the Canada Gazette Part II, Vol. 136, no. 7. § March 27, 2002 British Columbia Supreme Court Justice Shaw found Mr. John Sharpe not guilty of two child pornography counts relating to a collection of child-sex stories and guilty of two counts of possession of child pornography relating to hundreds of photographs seized from him. (2002 BCSC 423, Mar. 26, 2002) § March 26, 2002 The report by the Committee of Review into the Workers’ Compensation Act was released Mar. 25, 2002. On March 25, Ontario’s Court of Appeal has ruled that the father of four children must pay $36,000 a month in child support. The decision was based on a yearly income of more than $ 4 million. There is a court order preventing the publication of their identity. (R. v. R., Mar. 25, 2002) (Globe and Mail, Mar. 26, 2002) § March 25, 2002 The following Saskatchewan Regulations appear in the Saskatchewan Gazette Part II, Vol. 98, no. 12, Mar. 22, 2002:
The following Saskatchewan Regulation appears in the Saskatchewan Gazette Part III, Vol. 98, no. 12, Mar. 22, 2002:
On Mar. 22, the Saskatchewan Government introduced The Emergency Protection for Victims of Child Sexual Abuse and Exploitation Act, Bill 2, into legislature. The bill is aimed at eliminating the sexual abuse of children and youth through the sex trade. (Leader Post, Mar. 25, 2002) Nova Scotia lawyers are exempt from the reporting requirement under the Proceeds of Crime (Money Laundering) Act. See the NSBS News section on the Nova Scotia Barristers’ Society web site. § March 22, 2002 The Federal government introduced the Pest Control Products Act, Bill 53, into the parliament on Mar. 21, 2002. The Claim Settlements (Alberta and Saskatchewan) Implementation Act, Bill 37, came into force on Mar. 21, 2002. § March 21, 2002 The Consumer Price Index for February is now available. Benoit Moulin of Paspébiac was appointed a judge of the Superior Court of Quebec in Quebec City on Mar. 20, 2002. Chief Justice Richard of the Federal Court of Canada announces the unit value of Tariff B. § March 20, 2002 The Correctional Services Amendment Act, 2002, Bill 3, was introduced into the Saskatchewan Legislature on Mar. 19, 2002. The proposed amendments will require corrections officials to consult the victim when an offender is being considered for an authorized absence from a correctional facility. The SaskEnergy Amendment Act, 2002, Bill 4, was introduced into the Saskatchewan Legislature on Mar. 19, 2002. The proposed amendments should aid in the expansion of oil production. The Federal statute, Canada Foundation for Sustainable Development Technology Act, S.C. 2001, c. 23, will come into effect on Mar. 22, 2002. § March 19, 2002 The Highway Traffic Amendment Act, 2001 S.S. 2001, c. 49 will be proclaimed in force April 1, 2002. The amendment will give police the authority to seize and impound vehicles used to commit any prostitution related offence. Justice Malone of the Saskatchewan Court of Queen’s Bench awarded the plaintiff in a medical malpractice suit over $2,000,000 in damages. The plaintiff, Ila Branscombe, had been misdiagnosed as having an inoperable malignant tumour and underwent a series of treatments to extent her life expectancy. The treatments and the delay in the removal of the benign tumour caused mental and physical disabilities. Branscombe v. Regina District Health Board 2002 SKQB 95, Mar. 14, 2002) ( Leader Post, Mar. 19, 2002) § March 18, 2002 Watt’s Model Jury Instructions are available online on the Criminal Lawyers' Association (Ontario) web site. § March 15, 2002 The number of members of the House of Commons to be assigned to each of the provinces appears in the Canada Gazette Extra Part I, Vol. 136, no. 1. Saskatchewan remains at 14 members. Amendments to the Patent Rules ensure that the Canadian Patent Rules conform with Canada's international obligations under the PCT. The Patent Cooperation Treaty is administered by the World Intellectual Property Organization. The amendments extend, in certain circumstances, the time limit for transmitting a PCT application to national patent offices. They will come into force on April 1, 2002. The Government of Canada has filed a notice of appeal with the Federal Court of Appeal regarding the Federal Court-Trial Division's decision in the case of Benoît v. the Queen. On March 7, 2002, Mr. Justice Douglas Campbell of the Federal Court Trial Division ruled in favour of the plaintiffs, in finding a tax exemption based on Indian Treaty No. 8. The proposed regulations under the Immigration and Refugee Protection Act, S.C. 2001, c. 27 appear in the Canada Gazette, Part I, Vol. 136, no. 10. The Ontario Court of Appeal dismissed the Crown’s appeal in the decision, Authorson (Litigation Guardian) v. Canada(Attorney General). In this class action, Mr. Authorson, an disabled war veteran, seeks a declaration that the Department of Veterans Affairs mishandled the pension that the Department administered for him and other disabled veterans. The Court of Appeal dismissal will now allow the class action to proceed. § March 14, 2002 The Throne Speech, marking the beginning of the 3rd session of the 24th Legislature, is available online. Federal Regulations pursuant to a number of federal statutes, such as the Export and Import Permits Act, the Farm Products Agencies Act, the Pension Benefits Benefits Standards Act, 1985, the Indian Act, the Financial Administration Act, the Criminal Code, Financial Consumer Agency of Canada Act and the Bank Act and plus a number of other statutes, appear in the Canada Gazette Part II, Vol. 136, no. 6. § March 12, 2002 The following Federal Regulation appears in the Canada Gazette Part II, Extra, Vol. 136 No. 3:
§ March 11, 2002 People living in common law relationships should update their wills. Wills of people who have been living in common-law relationships for two years will now be revoked pursuant to the new amendments of the Wills Act that came into force on Nov. 1, 2001. The following Saskatchewan Regulations appear in the Saskatchewan Gazette Part II, Vol. 98, no. 10, Mar. 8, 2002:
§ March 8, 2002 Saskatchewan’s minimum wage will be increased to $6.35 an hour on May 1, 2002 and to $6.65 an hour on Nov. 1, 2002. The Canadian Intellectual Property Office is in the process of developing a new set of proposed legislative amendments to the Patent Act for inclusion in the current phase of the Intellectual Property Law Improvement Bill. On March 7, 2002 Justice Campbell of the Federal Court of Canada rendered a judgment in the case, Charles Benoit et al. v. Her Majesty the Queen. Mr. Benoit argued that native people should be exempt from taxes as a treaty right under Treaty 8. ( 2002 FCT 243, Mar. 7, 2002) § March 7, 2002 On March 1, 2002, Justice Zarzeczny of the Saskatchewan Queen’s Bench found Gerald McCullough guilty of criminal fraud. Mr. McCullough had been a promoter of an immigrant investor fund in which the foreign investors lost their investments. (2002 SKQB 70, Mar. 1, 2002) § March 6, 2002 The following two Saskatchewan statutes came into force on March 1, 2002:
The Tobacco Control Act, S.S.2001, c. T-14.1, will be proclaimed in force on March 11, 2002. The following Saskatchewan Regulations appear in the Saskatchewan Gazette Part II, Vol. 98, no. 9, Mar. 1, 2002:
§ March 5, 2002 On the Supreme Court of Canada hearing list for March 2002:
§ February 28, 2002 Federal Regulations pursuant to the following federal statutes, Customs Tariff Act, Import Measures Act, Canada Agricultural Products Act, Financial Administration Act, Public Service Staff Relations Act, Access to Information Act, Privacy Act, Special Retirement Arrangements Act, Public Service Superannuation Act and the Criminal Code, appear in the Canada Gazette Part II, Vol. 136, no 5. The Honourable André Rochon of the Superior Court of Quebec was appointed a judge of the Quebec Court of Appeal on Feb. 27, 2002. The Supreme Court of Canada rendered judgment on 4 leave applications including the following one from Saskatchewan:
§ February 27, 2002 The Canadian Bar Association has concerns with the Blood Samples Act that was introduced in the House of Commons on Feb. 5, 2002. They appeared before the Standing Committee on Justice and Human Rights on Tuesday, Feb. 26, 2002. § February 26, 2002 Revisions to the province's Livestock Inspection and Transportation Regulations will become effective March 4th, 2002. Section 37(13) of the Highways and Transportation Act 1997, S.S. 1997, c. H-3.01 was proclaimed in force Feb. 15, 2002. Sections 13, 37(8) and 37(9) of the Act are still not in force. The following Saskatchewan Regulations appear in the Saskatchewan Gazette Part II, Vol. 98, no. 8, Feb. 22, 2002:
§ February 25, 2002 An inquest has been ordered into the shooting death of Keldon McMillan. The date and time of the inquest has not yet been set. § February 22, 2002 The National Task Force on Mobility has issued its Interim Report which will be considered by the delegates at the 2002 Mid-Winter Meeting of the Federation in Montreal on March 1. § February 21, 2002 The Saskatchewan Government has released a third quarter financial report. The following Saskatchewan Regulations appear in the Saskatchewan Gazette Part II, Vol. 98, no. 7, Feb. 15, 2002:
§ February 20, 2002 The Youth Criminal Justice Act, which will replace the Young Offenders Act, was given Royal Assent on Feb. 19, 2002 and is expected to be come into force in April 2003. § February 18, 2002 The following Saskatchewan Regulations appear in the Saskatchewan Gazette Part II, Vol. 98, no. 7, Feb. 15, 2002:
On Feb. 15, 2002, Canada ratified the International Convention for the Suppression of the Financing of Terrorism. § February 15, 2002 A current draft of the proposed rules revisions relating to costs is now available for review in the Members' Section (password required). § February 14, 2002 Federal regulations pursuant to the federal statutes, the Public Service Employment Act, the Food and Drugs Act, the Canada Labour Code, the Motor Vehicle Safety Act, the Aeronautics Act, the Royal Canadian Mint Act, the Competition Tribunal Act, the Criminal Code and the Farm Products Agencies Act, appear in the Canada Gazette Part II, Vol. 135, no. 4. The Consumer Price Index for Jan. 2002 is available. § February 13, 2002 The Ontario Court of Justice fined MCJC Holding, Michael Cowpland’s holding company, $1 million after the company pleaded guilty to insider trading. The Ontario Securities Commission withdrew two similar charges against Mr. Cowpland, the founder and former chief executive officer of Corel Corp. (Globe and Mail, Feb. 12, 2002) § February 11, 2002 The new Queen's Bench Rules pursuant to Class Actions Act, that appeared in the Saskatchewan Gazette Part I, Vol. 98, no. 6, Feb. 8, 2002, came into effect Jan. 18, 2002. The following Saskatchewan Regulations appear in the Saskatchewan Gazette Part II, Vol. 98, no. 6, Feb. 8, 2002:
The following Saskatchewan Regulation appears in the Saskatchewan Gazette Part III, Vol. 98, no. 6, Feb. 8, 2002:
§ February 8, 2002 All registration forms for the rural training have been mailed or faxed to every rural firm. Copies of the forms are also located in the members’ section arranged by location. Print and fax a completed form to the library. Yorkton training is scheduled for February 13, 2002. The session is now full. Next session will be conducted in Swift Current on February 19, 2002. Registrations are on a first come, first served basis. We gratefully acknowledge the financial assistance of the Law Foundation of Saskatchewan for the rural training project. The Saskatchewan Court of Appeal heard the Crown's sentence appeal of the Bodnaruk case on Feb. 7, 2002. Mr. Bodnaruk had been found guilty of a number of charges including sexual assault, assault causing bodily harm and uttering threats. The Court of Appeal increased the original sentence of 18 months to three years. (Leader Post, Feb. 8, 2002) (Written reasons not yet available) § February 7, 2002 The Proclamation Concerning Her Majesty Queen Elizabeth II Golden Jubilee appears in the Canada Gazette Part II, Extra Vol. 136, no. 2. The interim report of the Commission on the Future of Health Care in Canada was released Feb. 6, 2002. § February 6, 2002 The Youth Criminal Justice Act was amended for the last time on Feb. 4, 2002 and now waits for royal assent. The Act took 7 years and a number of drafts to be completed. The amendment adopted on Monday is not yet available online. (Legislative summary) (Globe and Mail, Feb. 5, 2002) On Feb. 5, 2002, the Federal Government introduced legislation to implement provisions of the budget tabled in the House of Commons in December. § February 5, 2002 An inquest has been ordered into the death of Melvin Bigsky. The date and place of the inquest will be announced in the near future. § February 4, 2002 The Provincial Government releases a plan to deal with car thefts in Saskatchewan. The Federal Statute, An Act to amend the Air Canada Public Participation Act, S.C. 2001, c. 35, was proclaimed in force Feb. 2, 2002. P.C. 2002-115. § January 31, 2002 Federal Regulations pursuant to a number of federal statutes such as the Farm Products Agencies Act, the United Nations Act, the Access to Information Act, the Privacy Act, Financial Administration Act and others appear in the Canada Gazette Part II, Vol. 136, no. 3. The Supreme Court of Canada rendered judgment on 16 leave applications on Jan 31, 2002. § January 29, 2002 Michel Beaudry, Q.C., of Hull, Luc J. Martineau of Montreal and Carolyn Layden-Stevensen of Fredericton were appointed Judges of the Federal Court of Canada, Trial Division on Jan. 28, 2002. Leslie M. Little, Q.C., of Vancouver, British Columbia, was appointed a Judge of the Tax Court of Canada on Jan. 28, 2002. The Honourable Eileen Gillese of the Superior Court of Justice and Robert P. Armstrong, Q.C., of Toronto were appointed Judges of the Ontario Court of Appeal. Alexandra Hoy of Toronto was appointed a judge of the Superior Court of Justice in Toronto and Joseph Michael Fragomeni of Sudbury was appointed a judge of the Superior Court of Justice in Brampton on Jan. 28, 2002. § January 28, 2002 The Supreme Court of Canada heard the following appeal on Jan. 25, 2002:
The Saskatchewan Metis Act was proclaimed in force on Jan. 28, 2002. Honourable Mr. Justice Willard Estey, who served on the Supreme Court of Canada from 1977 to April 1988, died Jan. 25, 2002. (Globe and Mail, Jan. 28, 2002) § January 25, 2002 The Supreme Court of Canada heard the following appeals:
The following Saskatchewan Regulations appear in the Saskatchewan Gazette Part II, Vol. 98, no. 4, Jan. 25, 2002:
§ January 24, 2002 The Saskatchewan Historic Properties Foundation Act, S.S. 2001, c. H-3.3, was proclaimed in force Jan. 21, 2002. The Supreme Court of Canada rendered judgment on the following appeals on Jan. 24, 2002:
The Supreme Court of Canada rendered judgment on 12 leave applications Jan. 24, 2002. Jan. 18, 2002 British Columbia Court of Appeal dismissed an appeal by the Attorney General of a lower court decision that exempted lawyers from complying with s. 5 of the regulations made pursuant to the Proceeds of Crime (Money Laundering) Act. (The Law Society of B.C. v. A.G. Canada , 2002 BCCA 49) § January 23, 2002 On January 23, 2002 the Court of Appeal released its judgment on Empringham Catering Services Ltd. v. The City of Regina. In granting the appeal, the Court held that the Plaintiff had a common law right of access from his business property to the Lewvan Drive. The Court awarded the Plaintiff $200,000.00 as compensation for the loss in the value of its property. (Empringham Catering Services Ltd. v. Regina (City), 2002 SKCA 16, January 23, 2002) The Supreme Court of Canada heard the following appeal Jan. 22, 2001:
§ January 22, 2002 On Jan. 15, 2001, the Saskatchewan Court of Appeal rendered judgment on an appeal by the Federal Government of a decision out of Queen’s Bench chambers dismissing its application to have a receiver appointed for the purpose of collecting and disposing of the assets of the bankrupt, Schwab Construction Ltd. (Canada (Deputy Attorney General) v. Schwab Construction Ltd., 2002 SKCA 6) The Consumer Price Index for December is now available. On Jan. 18, 2002, the Canadian Human Rights Tribunal delivered a ruling pertaining to complaints on material displayed on an Internet site. The Toronto Mayor’s Committee on Community and Race Relations and Sabina Citron had filed complaints alleging that the material on the Internet site controlled by Ernst Zundel was in contravention of section 13 of the Canadian Human rights Act. The Supreme Court of Canada heard the following appeal on Jan. 21, 2001:
§ January 21, 2002 The proposed regulations for the Preclearance Act are available in the Canada Gazette Part I, vol. 136, no. 3. The Supreme Court of Canada heard the following appeal Jan. 18, 2002:
The following Saskatchewan Regulation appears in the Saskatchewan Gazette Part II, vol. 98, no. 3, Jan. 18, 2002:
§ January 18, 2002 The Supreme Court of Canada heard the following appeal on Jan. 17, 2002:
§ January 17, 2002 Regulations pursuant to the Farm Products Agencies Act and the Bank Act appear in Canada Gazette, Part II, Vol. 136, no. 2. The Supreme Court of Canada rendered judgment on 7 leave applications on Jan. 17, 2002. The Supreme Court of Canada heard the following appeal on Jan. 16, 2002:
§ January 16, 2002 On January 16, 2002 the Court of Appeal released two judgments concerning the availability of conditional sentences for trafficking offences under the Controlled Drug and Substances Act. The Court held that the type of offence and the type of substance in which the defendant trafficked do not automatically preclude a sentencing judge from imposing a conditional sentence. In both cases the Court held that if the sentencing judge determines that a non-penitentiary prison term is warranted and that a sentence in the community does not endanger the community’s safety, the sentencing judge must consider whether a conditional sentence is consistent with the sentencing principles stated at 718-718.2 of the Code. Application of the standard of appellate review and these principles resulted in the court finding all of the sentences imposed in these cases to be demonstrably unfit. In R. v. P. (K.J.) and Gaveronski the Court granted the Crown appeals and sentenced the accused to two years less a day in a custodial facility. The original sentences were conditional sentences of one year and 18 months. Mr. K.J.P. delivered 10 ounces of cocaine and Mr. Gaveronski 1 lb of cocaine for the same sophisticated drug operation. In R. v. Phan and Tran the Court granted the Crown appeals and increased a 10 month conditional sentence to an 18 month conditional sentence for both accused. The accused were delivering 3 lbs of marijuana from BC to Saskatchewan. The Court held that the sentencing judge may impose a conditional sentence of greater length than the custodial sentence first considered. The option of a longer conditional sentence enables the sentencing judge to impose a sentence with the functional equivalency of the custodial sentence first envisaged. P. (K.J.) and Gaveronski provides a comprehensive analysis of the appellate standard of review. Through both judgments the Court of Appeal also provides a broad analysis of the application of the principles of sentencing to drug trafficking offences, in which a conditional sentence may be considered by the sentencing court. The Supreme Court of Canada heard the following appeal on Jan. 16, 2002:
§ January 15, 2002 The Ontario Court of Appeal dismissed the appeal of a lower court decision that found that S. 43 of the Criminal Code did not violate the children’s constitutional rights to security of the person. Section 43 allows a parent or teacher to use force as a way of correction when dealing with a child. (Canadian Foundation for Children, Youth and the Law v. Canada(Attorney General), Jan. 15, 2002) (Star Phoenix Jan. 15, 2002) § January 14, 2002 The Ontario Court of Appeal agreed with a lower court decision to allow discarded gum to be used for DNA evidence. Lang Van Nguyen was found guilty of murder and part of the evidence used in the case was DNA evidence obtained by the police when Mr. Nguyen was offered gum and then discarded it. § January 11, 2002 The following Federal Regulation appears in the Canada Gazette Part II, Extra, Vol. 136, No. 1:
The Supreme Court of Canada rendered judgment on the following appeals on Jan. 11, 2002:
§ January 10, 2002 The Supreme Court of Canada rendered judgment on 10 leave applications Jan. 10, 2002. § January 9, 2002 The Class Actions Act, S.S. 2001, c. C-12.01, came into force on Jan. 1, 2002. The companion Queen’s Bench Rules are being developed but are not yet available. The amendments to the Queen’s Bench Rules, as noted in our news item on Dec. 21, 2001, are now in force. These amendments were made as result of the recent changes to the Wills Act and most acts pertaining to family law. We have the amendments to the Queen’s Bench Rules and the new Practice Directive No. 14 available in PDF format. On Jan 8, 2002, Justice McLellan of the Saskatchewan Court of Queen’s Bench sentenced Larry Whitehawk and Trevor Kennedy to 30 months in jail after they pleaded guilty to robbery with violence. (Leader Post, Jan. 9, 2002) § January 8, 2002 On January 4, 2002, Justice Cullity of the Ontario Court of Justice ordered that Ontario lawyers were exempt from reporting financial transactions of clients to the federal government as required under s. 5 of the regulations to the new Proceeds of Crime (Money Laundering) Act pending a full hearing of the petition of the federation. (Federation of Law Societies v. Canada( Attorney General), Jan. 4, 2002 – a copy of judgment is available on the Federation of Law Societies web site) § January 7, 2002 The following Saskatchewan Regulations appear in the Saskatchewan Gazette Part II, Vol. 98, no. 1, Jan. 4, 2002:
The following Saskatchewan Regulations appear in the Saskatchewan Saskatchewan Gazette Part III, Vol. 98, no. 1, Jan. 4, 2002:
§ January 4, 2002 As of November 8, 2001, the Regulations dealing with Suspicious Transaction Reporting have been in effect in Canada. On that date, an application was made by the Federation of Law Societies of Canada and The Law Society of British Columbia before Madam Justice Allan of the Supreme Court of British Columbia questioning the constitutional validity of the Regulations. On November 20, 2001, Allan J. issued an Interlocutory Order exempting lawyers from the provisions of section 5 of the Proceeds of Crime (Money Laundering) Suspicious Transaction Reporting Regulations, SOR/2001-317. Following that decision Maurice Laprairie, Q.C., President of the Federation of Law Societies of Canada, wrote to the Honourable Anne McLellan, Minister of Justice for Canada, requesting her assurance that the decision would be recognized as applying to lawyers throughout Canada pending the hearing of the Crown appeal. No such assurance was received. Subsequently, the Federation of Law Societies of Canada made application to the Court of Queen's Bench in Alberta for a ruling that on the grounds of comity and res judicata, Allan J.'s Order was effective throughout Canada. On December 6, 2001, Watson J. of Alberta Queen's Bench declined to grant the application but ordered that while lawyers still must maintain the records required by the Act and Regulations, the reporting provisions were abridged to the extent that the required reports were to be sealed and sent to The Law Society of Alberta, rather than FINTRAC, pending resolution of the litigation. It is therefore unclear as to whether section 5 is effective outside British Columbia and Alberta. The Federation of Law Societies of Canada is coordinating efforts across the country to deal with this situation in the most effective way possible. All Law Societies are unanimous that the fight to protect the independence of the legal profession will continue. Unfortunately, the Law Society of Saskatchewan can provide no clear guidance for its members at this stage. If section 5 is invalid, then obviously compliance is not required. If it is a valid law, then compliance will be required. Until the Supreme Court of Canada rules on this, or the legislation is changed, the matter will not be certain. It may be that separate applications and motions will have to be taken in all jurisdictions throughout the country. The Law Society of Saskatchewan, in cooperation with SKLESI and the CBA Saskatchewan Branch, will present a seminar on the money laundering legislation on February 1, 2002 as part of the CBA Mid-Winter Meeting in Regina. The presentation will be taped, and the tapes may be purchased. In the meantime, the Law Society will keep members advised of developments. Regulations pursuant to a number of Federal Acts such as the Farm Products Agencies Act, the Financial Administration Act, the Customs Tariff Act, the Criminal Code, Payments in Lieu of Taxes, the Canada Labour Code, Canada Shipping Act, Canadian Wheat Board Act and the Broadcasting Act appear in the Canada Gazette, Part II, Vol. 136, no. 1. The Supreme Court of Canada, Quicklaw Inc., and Juricert Systems today announced an expansion of their cooperative agreement, which examines the feasibility of an application service provider approach to e-filing services, to include the Federal Court of Canada and the Société Quebecoise d'Information Juridique. § January 3, 2002 The following Saskatchewan Regulations appear in the Saskatchewan Gazette Part II, Vol. 97, no. 52, Dec. 28, 2001:
The following Saskatchewan Regulation appears in the Saskatchewan Gazette Part III, Vol. 97, no. 52, Dec. 28, 2001:
§ January 2, 2002 The Saskatchewan Dietitians Act was proclaimed in force Jan. 1, 2002. The Ontario Court of Appeal allowed four appeals by the Crown overturning lower Courts’ decisions that refused to make DNA databank orders pursuant to section 487.052 of the Criminal Code. (R. v. F.(P.R.), Dec. 27, 2001) Justice Cohen of the British Columbia Supreme Court awarded the victim of sexual assault $150,000 in damages. The victim had been a resident student in an Indian Residential School from 1956 to 1965. (E.B. v. Order of the Oblates of Mary Immaculate in the Province of British Columbia, 2001 BCSC 1783)
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