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News Archives - January - December 2006 |
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December 29, 2006 The Regina Bar Association, in cooperation with the Law Society of Saskatchewan, is pleased to present a Centennial Dinner on January 11, 2006. This dinner is the first in a series of events celebrating the 100th Anniversary of the Law Society of Saskatchewan. Please R.S.V.P. to Ryan Hrechka or Jill Pirot by January 5, 2007. The UK Statute Law Database (SLD) is now available online. This is the official revised edition of the primary legislation of the United Kingdom. The Office of the Saskatchewan Information and Privacy Commissioner has released Report F-2006-005. December 28, 2006 Thirteen Saskatchewan lawyers were honoured with Queen's Counsel (QC) appointments today. The Queen's Counsel ceremony will be held on January 12, 2007 at Government House. For more information, contact lboesch@imagewireless.ca. December 27, 2006 Sittings of the Court of Appeal for Saskatchewan for 2007 have been published in the Saskatchewan Gazette, Part I, Vol. 102, No. 51, December 22, 2006. The following regulations were published in the Saskatchewan Gazette, Part II, Vol. 102, No. 51, December 22, 2006:
The Honourable Gail M. Dickson, Q.C., is appointed a judge of the Supreme Court of British Columbia. Madame Justice Dickson is a former member of the Law Society of Saskatchewan. December 22, 2006 The Regina Bar Association, in cooperation with Law Society of Saskatchewan, is pleased to present a Centennial Dinner on January 11, 2006. This dinner is the first in a series of events celebrating the 100th Anniversary of the Law Society of Saskatchewan. Please R.S.V.P. to Ryan Hrechka or Jill Pirot by January 5, 2007. December 21, 2006 The Equity/Diversity Committee of the Law Society of Saskatchewan is seeking four volunteers, including past Benchers, to serve on the Committee which meets in conjunction with Benchers' meetings. Benchers' meetings are held six times per year in various locations in the province. Please send your expression of interest, along with your curriculum vitae by January 2nd, 2007 to reception@lawsociety.sk.ca December 20, 2006 New trust account forms are now available. The Canadian Judicial Council issued a statement of principles on self-represented persons to foster equal access to justice. ( Statement of Principles on Self-represented Litigants and Accused Persons) December 19, 2006 An Act to amend the Criminal Code (street racing), S.C. 2006, c. 14 was assented to and came into force on December 14, 2006. The enactment creates an offence of street racing based on dangerous driving and criminal negligence offences. December 18, 2006 Public Health Agency of Canada Act, S.C. 2006, c. 5 came into force December 15, 2006; P.C. 2006-1587. (Summary) A number of regulations appear in the Canada Gazette, Part II, Vol. 140, No. 25, December 13, 2005 including 23 regulations that implement the second phase of the coming into force process of An Act to amend certain Acts in relation financial institutions, S.C. 2005, C. 54. This legislation brought the governance standards in the financial institutions statutes up to the standards adopted in 2001 for business corporations in the Canada Business Corporations Act and general cooperatives in the Canada Cooperatives Act. December 15, 2006 Saskatchewan’s Court of Queen Bench issued its decision in Sparvier v. Canada (Attorney General) regarding the settlement of class action claims by former Indian Residential School students. The Court agreed to certify the matter as a class action and approve the Settlement Agreement, subject to certain concerns being addressed regarding the administration of the settlement and confirmation that future lawyers’ fees will be regulated. This decision was released along with decisions from 5 other provinces. It adopts the more expansive reasons from Baxter v. Canada (Attorney General) (Ontario Superior Court of Justice, December 15, 2006) and dealt extensively with the dispute over legal fees payable to Merchant Law Group. (Sparvier v. Canada (Attorney General), 2006 SKQB 533) (Case summary provided by the Court of Queen's Bench) General Counsel/Co-Director of Administration for the Law Society of Saskatchewan Allan Snell, Q.C. is appointed Chief Executive Officer of the Saskatchewan Legal Aid Commission. He will take up his new duties in Saskatoon on February 1, 2007. The Queen's Bench for Saskatchewan recently overturned an order granting court-appointed counsel to the accused, stating that the ability of a trial judge to order court-appointed counsel should be reserved for only the most serious offences or where it is apparent that the right to a fair trial cannot be met without counsel. The Honourable Justice Gabrielson wrote that "having a criminal record alone is not sufficient seriousness to require court-appointed counsel." (R. v. Kimmie, 2006 SKQB 487) December 14, 2006 Marilyn Gray, Q.C. and Hugh Harradence, Q.C. are appointed Provincial Court judges. Judge Gray will sit in Saskatoon and Judge Harradence will sit in Prince Albert. These appointments are effective immediately. Upcoming events from the Saskatchewan Trial Lawyers Association include a teleseminar: Chambers advocacy: top 10 issues, with the Honourable Justice N. Gabrielson, on January 29, 2007 at noon. December 13, 2006 Catalyst Canada has released its report: Beyond a reasonable doubt: lawyers state their case on job flexibility. Catalyst surveyed 1,400 lawyers from across Canada and found that while one in four lawyers have used a flexible work arrangement, the majority perceive that such arrangements limit professional development and career advancement. Catalyst is a research and advisory organization working with businesses and the professions to build inclusive environments and expand opportunities for women at work. December 11, 2006 The Ontario Court of Appeal has ruled that a trial judge did not err in piercing the corporate veil to find that a cottage owned by the appellant's company was actually the parties' matrimonial home for the purposes of marital property equalization. Although the appellant was the sole shareholder and controlled the numbered company, the company did not pay for renovations or ongoing expenses for maintaining the property. Funds for this came from the couple's joint bank account. The corporation was found to be the alter ego of the appellant, and used to defeat the legitimate claim of the wife. The Court applied Wildman v. Wildman, 2006 CanLII 33540 (ON C.A.), another case involving marital property and corporate veils. Debora v. Debora, 2006 CanLII 40663 (ON C.A.). December 8, 2006 The Quarantine Act, S.C. 2005, c. 20, the entire act except section 34, is proclaimed into force effective December 12, 2006. Section 83 came into force on May 13, 2005. (P.C. 2006-1515). The December 2006 issue of The National is now available online. December 7, 2006 Saskatchewan Justice Minister and Attorney General Frank Quennell announced that effective January 1, 2007, the monetary limits heard in small claims court will increase from $10,000 to $15,000. The amended regulation will appear in the next Saskatchewan Gazette, Part II. December 6, 2006 In a recent review report the Information and Privacy Commissioner of Saskatchewan found that the Saskatchewan Human Rights Commission had not met its implied duty to assist when asked for specific records containing a complainant's personal information. The Commissioner found that some third party personal information and consultative/deliberative material was rightfully withheld, but recommended the release of many of the withheld documents in full or in part. (Report F-2006-004, released November 29, 2006) December 5, 2006 The Law Society of Saskatchewan is seeking volunteers to fill a vacancy on the Law Foundation of Saskatchewan board. Please send expressions of interest along with practice information and a current curriculum vitae to the Law Society at reception@lawsociety.sk.ca on or before December 8, 2006. A second Aboriginal Court Party will commence court sittings on December 1, 2006. The court will be based in Meadow Lake and travel to English River, Buffalo River, Canoe Lake, Big Island Lake and the Loon Lake circuit court. Service will be provided in both Cree and Dene with the assistance of translators. Provincial Court Judge Donald J. Bird will preside. December 4, 2006 An Act to amend the Agricultural Marketing Programs Act, S.C. 2006, c. 3, is proclaimed into force, effective November 27, 2006 (P.C. 2006-1394). The Victims of Crime Amendment Act, 2006, S.S. 2006, c. 37, is proclaimed into force effective December 1, 2006. According to Saskatchewan Justice, these amendments include a list of guiding principles to promote fair treatment of victims of crime. The following sections of An Act to Amend Certain Acts in Relation to Financial Institutions, S.C. 2005, c. 54, are proclaimed into force effective November 28, 2006 (P.C. 2006-1423):
December 1, 2006 The Law Reform Commission of Saskatchewan has released three new reports: Report on Revocation of Wills (May 2006), Report on Reverse Mortgages (November 2006), and Report on Landowners' Liability for Injury to Recreational Visitors (November 2006). November 30, 2006 The Office of the Information and Privacy Commissioner of Saskatchewan has released its 2005-2006 Annual Report. Commissioner Gary Dickson highlighted two emerging issues that challenge the protection of privacy in Saskatchewan:
November 29, 2006 Saskatchewan Justice is proposing amendments to the Fatal Accidents Act, R.S.S. 1978, c. F-11, to allow both adult and minor children to recover damages for loss of guidance, care and companionship. A consultation paper outlining these amendments is available online. Comments may be sent to the Department of Justice, Legislative Services Branch before January 5, 2007. November 28, 2006 In Ontario, a dangerous offender has been sentenced to an indeterminate term of imprisonment because there was a 100% possibility that he would offend again. The court ruled that concerns for rehabilitation, deterrence and retribution were reduced when preventative detention was required by the circumstances at hand. R. v. L. (W.G.), 2006 CanLII 33776 (ON S.C.). November 27, 2006 The November 2006 issue of the Saskatchewan FOIP Folio is now available online. This newsletter is produced by the Office of the Information and Privacy Commissioner of Saskatchewan and features information on best practices, tips and shortcuts and access/privacy developments in Saskatchewan and throughout Canada. The Multilingual Legal Glossary is a searchable database of 5,000 Canadian legal and court-related terms in English Plain Language and their equivalents in Chinese, Farsi, Punjabi, Russian, Spanish, and Vietnamese. The entries for each language were reviewed and approved by bilingual lawyers and legal translators with experience both in Canada and in the country where that language is spoken. The following regulation was published in the Saskatchewan Gazette, Part II, Vol. 102, No. 47, November 24, 2006:
November 24, 2006 New judicial appointments made on November 23, 2006
November 23, 2006 The government of Saskatchewan introduced legislation that would allow the province to sue tobacco companies for the health care cost of tobacco-related illnesses. (The Tobacco Damages and Health Care Costs Recovery Act, Bill. 39) November 22, 2006 Saskatchewan Justice announced the launch of a public notification website to provide information about high-risk offenders living in Saskatchewan communities. Only the most serious offenders who are deemed to present a risk of significant harm are included. The Consumer Price Index for October is now available. Minister of Justice and Attorney General of Canada Vic Toews has introduced Bill C-32, An Act to amend the Criminal Code (Impaired driving). Proposed changes include:
November 21, 2006 In the latest Gadgets for Legal Pros column Brett Burney reviews Dragon Speaking Naturally 9, a voice-recognition software program, and Adobe Acrobat 8, which features a true redaction tool for PDF documents which is especially useful for legal professionals. November 20, 2006 The following regulations were published in the Saskatchewan Gazette, Part II, Vol. 102, No. 46, November 17, 2006:
The following regulations were published in the Saskatchewan Gazette, Part III, Vol. 102, No. 46, November 17, 2006:
Proposed Rules Amending the Federal Courts Rules were published in the Canada Gazette, Part I, Vol. 140, No. 46, November 18, 2006 November 17, 2006 Community Legal Assistance Services for Saskatoon Inner City Inc. is seeking a part-time supervising lawyer. Applications will be accepted until November 20, 2006. December 1 is the anticipated start date. The Saskatchewan Legal Education Society is seeking a program lawyer/resource materials coordinator for the CPLED Bar Admission Program. This position is a full-time, one-year contract, located at the Saskatoon SKLESI office. Applications will be accepted until November 30, 2006. November 16, 2006 The Benchers Election results are now available. Family law chambers and pre-trials: Are you ready? is an upcoming Saskatchewan Trial Lawyers Association teleseminar on December 5, 2006. November 15, 2006 The Supreme Court of British Columbia has varied a will which left the majority of the parents' estate to the sons, while providing token amounts to the daughters. In his decision Justice Rice noted that "a tradition of leaving the lion’s share to the sons may work agreeably in other societies with other value systems that legitimize it, but in our society, such a disparity has no legitimate context." Two sisters were awarded 20% of the estate with the remainder divided evenly between the two brothers. A third sister had accepted the token amount and not joined her sisters' suit, so the variation did not apply to her. (Prakash and Singh v. Singh, 2006 BCSC 1545 (CanLII)) November 14, 2006 The Saskatchewan government announced it will increase funding to combat child sexual exploitation. The province will increase spending for enforcement and community resources to help children stay off the streets. A backgrounder outlining these initiatives has also been released. The Business Names Registration Amendment Act, 2006, S.S. 2006, c. 14, is proclaimed into force, effective November 9, 2006. November 13, 2006 The following regulation was published in the Saskatchewan Gazette, Part II, Vol. 102, No. 45, November 10, 2006:
November 8, 2006 According to Statistics Canada, the national homicide rate has increased for the second year in a row. Most of the increase was driven by an increase in gang-related homicides. Two-thirds of gang-related homicides involved a firearm, usually a handgun. November 7, 2006 The latest issue of the Canadian Family Law Quarterly features "Family property resolutions in agriculture," an article by Errick Harrison. This article is a review of farm family property accountings and related valuations in Canada and includes current case law. ((2006) 25 C.F.L.Q. 227 (23 p.)) The Office of the Privacy Commissioner of Canada has released a fact sheet on Applications for Court Hearings under section 14 of PIPEDA. A section 14 application is a request for a hearing in Federal Court regarding a matter about which a complaint was made to the Privacy Commissioner of Canada about how an organization handles personal information. The complainant may make this application only after the Commissioner has investigated the matter and issues a final report. November 6, 2006 A correction notice for Court of Queen's Bench Chambers Sittings in Yorkton was published in the Saskatchewan Gazette, Part I, Vol. 102, No. 44, November 3, 2006. The Ontario Court of Appeal has ruled that Ontario citizens who contracted West Nile Virus cannot sue the provincial government. The lawsuit alleged the province should have prevented the 2002 West Nile outbreak and failed to warn people about the higher risk of contracting the disease. The court said "It is plain and obvious on the facts ... Ontario does not owe a private law duty of care to individuals to prevent the spread of West Nile Virus." Eliopoulos v. Ontario, November 3, 2006, Ontario Court of Appeal. The following regulations were published in the Saskatchewan Gazette, Part II, Vol. 102, No. 44, November 3, 2006:
The following regulation was published in the Saskatchewan Gazette, Part III, Vol. 102, No. 44, November 3, 2006:
November 3, 2006 Sections 208 to 212 of the Budget Implementation Act, 2006, S.C. 2006, c. 4, are proclaimed into force effective November 2, 2006 (P.C. 2006-1273). November 2, 2006 The Court of Queen's Bench of Manitoba has issued an interlocutory injunction preventing two former salesmen and their co-defendants from directly soliciting their former employer's private customers or accepting work from former customers for 1 year from the date of their group resignation. The group had set up their competitive business venture before resigning. The court ruled that even though the salesmen were not bound by a non-competition clause, they were key employees, entrusted with running the business for their employer, and thus a fiduciary duty existed. The employer was entitled to a period of non-solicitation during which it could attempt to neutralize its vulnerability to new competition. Western Tank & Lining Ltd. v. Skrobutan, 2006 MBQB 205 (CanLII). November 1, 2006 That portion of s. 3(a) that adds the definition for “First Nation gaming licensing authority” of the Alcohol and Gaming Regulation Amendment Act, 2005, S.S. 2005, c. 3, is proclaimed into force effective November 1, 2006. Sections 3 to 8 and 10 to 12 of the Alcohol and Gaming Regulation Amendment Act, 2003, S.S. 2003, c. 15, are proclaimed into force effective November 1, 2006. Canada Minister of Finance Jim Flaherty announced changes to the federal tax system. These changes include:
A backgrounder with more details is available. October 31, 2006 Proposed Identity Screening Regulations were printed in the Canada Gazette, Part I, Vol. 140, No. 43, October 28, 2006. The proposed regulations are required as part of the implementation of the Passenger Protect Program. Air passengers who appear to be 12 years of age or older will be required to present either one piece of government-issued photo identification or two non-photo pieces of government-issued identification before obtaining a boarding pass or being allowed to board an aircraft. Names will be checked against a specified persons list compiled through intelligence information from the RCMP and CSIS and maintained by Transport Canada. These regulations are expected to come into force in early 2007. October 30, 2006 Bridging the gap: A lawyer's view on discovery of electronic documents, by Robert M. Lonergan, offers practical advice on how to close the gap between the obligation to disclose electronic documents and the ability to comply with that obligation. This paper is available from the Continuing Legal Education Society of British Columbia website. The October issue of the National is now available online. The following regulation was published in the Saskatchewan Gazette, Part II, Vol. 102, No. 43, October 27, 2006:
October 27, 2006 Martel Daniel Popescul, Q.C., is appointed a Judge of Her Majesty's Court of Queen's Bench for Saskatchewan. This appointment is effective immediately. The Throne Speech marking the opening of the 3rd session of the 25th Legislature is available online. The Ontario Court of Appeal has ruled that courts can pierce the corporate veil in order to enforce child and spousal support, and impose a charge on corporate assets owned by a support debtor. The Honourable Justice J. C. MacPherson wrote, "In the end, although a business person is entitled to create corporate structures and relationships for valid business, tax and other reasons, the law must be vigilant to ensure that permissible corporate arrangements do not work an injustice in the realm of family law. In appropriate cases, piercing the corporate veil of one spouse’s business enterprises may be an essential mechanism for ensuring that the other spouse and children of the marriage receive the financial support to which, by law, they are entitled." Wildman v. Wildman, 2006 CanLII 33540 (ON C.A.), October 5, 2006. October 26, 2006 The Regina Drug Treatment Court is now open. Participation in the DTC is open to all adult accused who are drug dependent and whose criminal behaviour is motivated or caused by their addiction. Participants must acknowledge responsibility for their actions by entering a guilty plea and their participation must not pose a risk to public safety. Participants must be Regina residents. October 25, 2006 How to develop alternatives to the billable hour, a CBA PracticeLink article by Edward Poll, looks at client perspectives on fees for legal services. "Most clients recognize the importance of and are willing to pay a fair fee for value. What they do not want is to pay too much or to pay for inefficiencies, duplications, or unnecessary services. The skills of a lawyer and the way in which services are delivered to the client must coincide with what the client wants and needs to have." Several alternatives such as a blended hourly rate, fixed or flat fee, contingent or percentage fee, premium pricing, retainer, and value billing are also discussed. October 24, 2006 There may still be time to register for the Collaborative Law Training conducted by the Collaborative Lawyers of Saskatchewan Inc. Location, dates and times have now been set for the upcoming collaborative training. Saskatchewan Justice is considering implementation of a new Money Judgments Enforcement Act to replace existing fragmented and outdated enforcement procedures. This Bill will represent a comprehensive consolidation of money judgment enforcement remedies available to a Saskatchewan judgment creditor. A consultation paper outlining these proposals is available online. Comments may be sent to the Department of Justice, Legislative Services Branch before December 15, 2006. October 23, 2006 The following regulations were published in the Saskatchewan Gazette, Part II, Vol. 102, No. 42, October 20, 2006:
Should Canadian jurisdictions implement certificate of title systems for motor vehicles?, a paper by Ronald C.C. Cuming, Q.C., written for the Uniform Law Conference of Canada, looks at the current systems of motor vehicle registration in the United States and Canada. Professor Cuming argues against implementing a national title registry system in Canada as each jurisdiction already has an adequate secured transactions registry which consumers can easily access. October 20, 2006 The Consumer Price Index for September 2006 is now available. The 12-month change fell from 2.1% in August to 0.7% in September due to an 18.7% drop in gasoline prices. However excluding energy costs, the index increased from 1.5% to 1.8% during the same period. Saskatchewan Healthy Living Services Minister Graham Addley has announced that under the Youth Drug Detoxification and Stabilization Act, S.S. 2005, c. Y-1.1, 60 young people have been admitted to the Secure Youth Detox Centre at the Paul Dojack Centre in Regina for involuntary detoxification and stabilization. October 19, 2006 Ten common ways law firms lose a lot of money is the newest article on the CBA PracticeLink. This article identifies money pits such as putting up with computer crashes, limiting use of support staff, not recouping printing costs, putting up with mediocre clients, and cutting corners with IT consultants. October 18, 2006 Canadian Lawyer has released the results of a peer-ranked survey of leading mid-sized firms from Manitoba to British Columbia. MacPherson Leslie and Tyerman LLP is included on this list. Western region firms fight over talent, an accompanying article by Beth Marlin, looks at how western firms are responding to the economic boom and its effect on recruiting lawyers. October 17, 2006 Minister of Justice and Attorney General of Canada Vic Toews introduced An Act to amend the Criminal Code (dangerous offenders and recognizance to keep the peace), Bill C-27, today in Parliament. The First Reading version of this bill will be available later today on the LEGISinfo website. A backgrounder outlining the proposed amendments is now available. Under Bill C-27's proposed amendments an individual will be presumed to meet the criteria for a Dangerous Offender designation upon a third conviction for a designated violent or sexual crime that is subject to a federal sentence of at least 2 years. This designation will not be automatic, however. The court will have to hear a Dangerous Offender application if it is satisfied reasonable grounds exist for such a finding. Also, following conviction of a third designated serious violent/sexual offence, the Crown will have to declare in open court whether it intends to bring a Dangerous Offender application. Saskatchewan Corrections and Public Safety Minister Warren McCall announced that renovations have started on the Regina Provincial Correctional Centre. The project is expected to be completed by summer of 2008. October 16, 2006 The following regulations were published in the Saskatchewan Gazette, Part II, Vol. 102, No. 41, October 13, 2006:
An inquest into the deaths of Jeremy Fleury and Blair Redwood will be held on December 4, 2006, at 10:00 a.m. at the Community Hall in Biggar. Both men died on September 26, 2004 when a freight train near Landis struck them. October 13, 2006 Amendments to the Rules of the Supreme Court of Canada are now in force. October 11, 2006 Human rights and the return to work: the state of the issue, by Marie-Claude Chartier, looks at the issues surrounding employees returning to work after a prolonged absence. This paper describes the characteristics of long-term absenteeism and addresses methods available to employers for monitoring an absent employee's health while respecting fundamental rights. It also gives examples of accommodation measures required by courts in cases of chemical dependence, mental illness, pregnancy or family obligations, and presents measures to facilitate the efficient management of long-term absenteeism. This paper is part of the Canadian Human Rights Commission research program. October 10, 2006 Minister of Justice and Attorney General of Canada Vic Toews introduced proposed amendments to section 347 of the Criminal Code dealing with criminal interest rates. Bill C-26, An Act to amend the Criminal Code (criminal interest rate), contains provisions that would allow jurisdictions to set limits on the cost of borrowing. A backgrounder outlining current practices in the payday lending industry is available. The following regulation was published in the Saskatchewan Gazette, Part II, Vol. 102, No. 40, October 6, 2006:
October 6, 2006 The Standing Senate Committee on Banking, Trade and Commerce has released an interim report called Stemming the Flow of Illicit Money: A Priority for Canada. One of the several recommendations made by the Senate was:
Canada Minister of Finance Jim Flaherty has introduced Bill C-25, which amends the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, SC 2000, c. 17. A backgrounder outlining these amendments is available. October 5, 2006 The Supreme Court of Canada released 2 decisions today:
The Canadian Bar Association National Criminal Justice Section has recommended that Bill C-9, Criminal Code Amendment Act (conditional sentence of imprisonment) which allows for the elimination of conditional sentences for many categories of offences, should not be enacted, and proposed alternatives that would better protect public safety by disallowing their use for serious, violent offences. October 4, 2006 Rules Amending the Federal Courts Rules, SOR/2006-219, were published in the Canada Gazette, Part II, Vol. 140, No. 20, October 4, 2006. Burney's Gadgets for Legal Pros latest column reviews the HP ScanJet 7800, a paperless scanner that can scan both sides of document at one pass. This column is a regular feature on LLRX.com. October 3, 2006 The Regina Drug Treatment Court is now open. Participation in the DTC is open to all adult accused who are drug dependent and whose criminal behaviour is motivated or caused by their addiction. Participants must acknowledge responsibility for their actions by entering a guilty plea and their participation must not pose a risk to public safety. Participants must be Regina residents. The following proposed Rules Amending the Tax Court of Canada Rules of Procedure were published in the supplement to the Canada Gazette, Part I, Vol. 140, No. 39, September 30, 2006:
October 2, 2006 Saskatchewan Justice has released further information on the Cost of Credit Disclosure Act, S.S. 2002, c. C-41.01, including a reference manual for lenders. An amendment to the Rules of the Court of Queen's Bench for Saskatchewan was published in the Saskatchewan Gazette Part I, Vol. 102, No. 39, September 29, 2006. The following regulations were published in the Saskatchewan Gazette, Part II, Vol. 102, No. 39, September 29, 2006:
September 29, 2006 The Cost of Credit Disclosure Act, 2002, S.S. 2002, c. C-41.01, is proclaimed into force effective October 1, 2006. The Cost of Credit Disclosure Amendment Act, 2006, S.S. 2006, c. 5, is proclaimed into force effective October 1, 2006. The Alberta Information and Privacy Commissioner has ordered Athabasca University to develop a written policy and procedure regarding disclosure of personal information for situations where the university finds it necessary to limit communication with students. The university president had forwarded to other university employees a sequence of e-mails from a particular student with the recommendation that any further communication with said student should be in writing only. The adjudicator found that while the president had the authority to disclose the student's personal information, it was not necessary to send the entire sequence of e-mails. (Athabasca University, Order F2005-014, September 20, 2006) September 28, 2006 The Bencher Election for the Law Society of Saskatchewan will take place on November 15, 2006. The Law Society is currently inviting candidate nominations. Nomination for Election of a Bencher forms must be received by the Law Society on or before October 4, 2006. Section 174(2) of the Public Sector Pension Investment Board Act, S.C. 1999, c. 34, is proclaimed into force effective October 26, 2006 (P.C. 2006-1017). Sections 6(b)(ii)(M) and (N) of the Royal Canadian Mounted Police Superannuation Act, R.S.C. 1985, c. R-11, as enacted by s. 172(4) of the Public Sector Pension Investment Board Act, S.C. 1999, c. 34, are proclaimed into force effective October 26, 2006 (P.C. 2006-1017). September 27, 2006 President of the Law Commission of Canada Yves Le Bouthillier has responded to the federal government's decision to eliminate funding of the Law Commission. CBA PracticeLink is now featuring Making your law office client-friendly. This article looks at simple and not-so-simple ways to make an office friendlier and more comfortable for clients. September 26, 2006 Saskatchewan Corrections and Public Safety Minister Warren McCall announced the official opening of the new remand unit at the Prince Albert Youth Facility. This closed-custody unit can house up to 12 youth awaiting sentencing and includes a confidential space for the youth in custody to meet with families or legal counsel. September 25, 2006 Proposed rules amending the Federal Courts Rules were published in the Canada Gazette, Part I, Vol. 140, No. 38, September 23, 2006. The proposed amendments deal with jurisdiction and power of prothonotaries and service of appeal. September 22, 2006 The Joint Civil and Criminal Law Sections of the Uniform Law Conference of Canada have released a study paper on Collateral Use of Crown Brief Disclosure. The collateral use and disclosure of prosecution materials impacts solicitor client privilege, litigation privilege, public interest privilege, protection of privacy rights, Crown immunity, criminal disclosure, implied undertakings, and jurisdiction. This paper examines the legal and policy issues, discusses the policies and procedures currently used by certain provinces and makes suggestions for reform. September 21, 2006 The September 2006 issue of The National is now available online. This issue features articles on new applications for alternative dispute resolution (ADR), and issues surrounding the availability of counterfeit goods in Canada. September 20, 2006 Rules amending the Rules of the Supreme Court of Canada, SOR 2006-203, were published in the Canada Gazette, Part II, Vol. 140, No. 19, September 20, 2006. These amendments include changes to major forms. Statistics Canada has released the Youth correctional services: Key indicators 2004-2005. The average number of young people aged 12 to 17 in sentenced custody and on probation continues to decline. September 19, 2006 The Consumer Price Index for August 2006 is now available. The 12-month change fell to 2.1% in August. The Uniform Law Conference of Canada has released the Report of the Criminal Section Working Group on Strangulation (May 2006). The working group was formed to examine the feasibility of creating a distinct offence of strangulation as a general intent offence and to assess whether existing provisions adequately address the seriousness of this form of assault. September 18, 2006 The Honourable Mr. Justice John Klebuc is appointed Chief Justice of Saskatchewan. This appointment is effective immediately. The following regulations were published in the Saskatchewan Gazette, Part II, Vol. 102, No. 37, September 15, 2006:
September 15, 2006 The Saskatchewan Legal Aid Commission announced that on September 18-19 a delegation of Chinese legal aid officials and practitioners will visit Saskatchewan Legal Aid and other parts of the justice system as part of a study tour hosted by the Canadian Bar Association. This tour is the third in a five-year joint project between the CBA and the National Legal Aid Centre of the Chinese Ministry of Justice (NLAC/MoJ) funded by the Canadian International Development Agency (CIDA). September 14, 2006 Estate planning tools for blended families: Trusts and other agreements, an article by Sandra L. Enticknap, Katherine Xilinas and Angela Rinaldis looks at the advantages and disadvantages of spousal, alter ego and joint partner trusts. This paper is available from the Continuing Legal Education Society of British Columbia. September 13, 2006 An International Criminal Law Seminar will be held on Saturday, September 30, 2006 at the University of Alberta Law Centre. This seminar is sponsored by the Criminal Trial Lawyers Association of Edmonton and the International Criminal Defence Attorneys Association. September 12, 2006 The Court of Appeal for Ontario has ordered a new trial in a family law case basing its decision on the "paucity of reasons" to consider during the appeal. The Court found that the almost 4 page written judgment did not address several key points of contention ranging from spousal support to the division of family property. The panel could not defer to the trial judge's determinations because they had "no access to the underlying reasons for the order". Lawson v. Lawson, 2006 CanLII 26573 (ON C.A.) September 11, 2006 Proposed regulations under An Act to amend certain Acts in relation to financial institutions (Bill C-57), S.C. 2005, c. 54, have been published in the Canada Gazette, Part I, Vol. 140, No. 36, September 9, 2006. This new legislation brings the governance standards in the financial institutions up to the standards adopted in 2001 by business corporations. These proposed regulations:
The following regulation was published in the Saskatchewan Gazette, Part II, Vol. 102, No. 36, September 8, 2006:
September 8, 2006 Information Services Corporation of Saskatchewan announced the opening of its new facility in Regina at 1301 1st Avenue. The newly renovated facility provides a single point of access for ISC customers in Regina and the surrounding area. September 7, 2006 The Doing Business Law Library is a collection of banking and credit, bankruptcy, companies, labour, securities, taxation and trade laws and regulations from across the globe. Created by the World Bank, this collection links to official versions of the law where available. September 6, 2006 The Court of Queen's Bench for Alberta has ruled that a regulation requiring individuals to be photographed in order to obtain a driver's license violates the Charter guarantee of freedom of religion. The Hutterian Brethren of Wilson Colony interpret the Second Commandment as prohibiting the willing capture of their image in photographs and proposed that driver's licenses without photographs be marked as "not to be used for identification purposes." The Court found that the government's claim that photographs are necessary for preventing identity theft and fraud was not founded as the government had not issued a universal identification card requiring photographs for all Albertans. (Hutterian Brethren of Wilson Colony v. Alberta, 2006 ABQB 338) September 5, 2006 The latest Burney's Gadgets for Legal Pros column looks at the Tekkeon myPower ALL MP3400, a portable battery capable of recharging a variety of electronic devices. This column also reviews the Western Digital My Book Pro Edition external hard drive for use as a backup system. September 1, 2006 The following regulation was published in The Saskatchewan Gazette, Part II, Vol. 102, No. 35, September 1, 2006:
August 31, 2006 In the latest issue of the Canadian Bar Association’s National magazine author David Maister gives advice on law firm leadership in “The Managing Partner’s Memo” (page 39). August 30, 2006 The Canadian Radio-television and Telecommunications Commission (CRTC) has established a statement of consumer rights in plain language for customers of local telephone services. The CRTC developed the statement of consumer rights in response to three price cap decisions which found that phone companies' terms of service agreements were often difficult for consumers to understand. August 29, 2006 New articles on the Canadian Bar Association PracticeLink website include “How to build a successful client relationship management (CRM) system” and “Key considerations when selling or closing a solo law practice in Canada”. August 28, 2006 The Government of Saskatchewan Guidelines for Consultation with First Nations and Métis People: A Guide for Decision Makers are now available through the Saskatchewan Justice website. The guidelines describe the consultation process to be used by government departments when a proposed action might affect Aboriginal or Treaty rights. The following regulations were published in The Saskatchewan Gazette, Part II, Vol. 102, No. 34, August 25, 2006:
August 25, 2006 The report of the Panel on Justice and the Media is available on the Ontario Attorney General’s website. The report makes recommendations about access to court records, use of tape recorders and cameras in the courtroom, media lock-ups for major decisions, justice-media educational programs, an electronic notification system for publication bans, online access to judgments and docket information, an online media guide and a public justice-media information website. August 23, 2006 The Court of Queen’s Bench case Canada (Attorney General) v. MacCallum, 2006 SKQB 385 has overruled a decision by the Commissioner of the Milgaard Inquiry. The Court ruled that the Inquiry would not be allowed to question the reasons for actions taken by officials in the Federal Department of Justice with regard to Mr. Milgaard’s applications for a review of his conviction. August 22, 2006 The Law Commission of Canada has released its 2006 Annual Report. Saskatchewan Justice has announced that an inquest into the death of Fabian Petit will be held at the Prince Albert Queen’s Bench Court House on August 28-30, 2006. Mr. Petit died while an inmate at the Prince Albert Correctional Centre. August 21, 2006 Saskatchewan Justice has announced a two-year pilot project in Saskatoon and area to provide assistance to parents who are separated, divorced or living apart, to facilitate access arrangements for their children. August 18, 2006 A hearing for the residential schools class action settlement will be held in Regina on September 18-20, 2006 at the Court of Queen’s Bench. Information about the settlement, hearing dates, and the advance payment form are available on the Indian Residential Schools Class Action Settlement Official Court Website. August 16, 2006 In an article entitled “The Movement for Open Access Law” author Michael W. Carroll of Villanova University School of Law argues that open access law should extend to legal scholarship. The article is available on the Social Science Research Network. August 15, 2006 The Court of Appeal for Saskatchewan has released its decision in R. v. Daley, 2006 SKCA 91. [Case summary provided by Court of Appeal of Saskatchewan] August 14, 2006 The Canadian Bar Association has issued a revised 2006 edition of the Code of Professional Conduct that contains updated sections on confidentiality, discriminatory behaviour, conflict of interest and civility for advocates. The Code is available on the CBA website. The following regulation was published in the Saskatchewan Gazette, Part II, Vol. 102, No. 32, August 11, 2006:
August 11, 2006 The Law Commission for England and Wales has released Trustee exemption clauses (LAW COM No. 301). This paper considers duty modification clauses, extended powers clauses and indemnity clauses, all of which can be used to exclude or restrict a trustee's liability for breach of trust. August 9, 2006 The British Columbia Court of Appeal has ruled that the Divorce Act does not give jurisdiction to a Canadian court to grant corollary relief founded upon a foreign divorce. The father was a United States citizen who had never resided in Canada. The divorce was granted in Washington state. The mother and child then moved to British Columbia where the mother applied to have the Washington court orders changed to meet the Federal Child Support Guideline standards. Virani v. Virani, 2006 BCCA 63 (CanLII) August 8, 2006 The CBA-Saskatchewan announced that the Court of Queen's Bench for Saskatchewan has endorsed the Saskatchewan Template Receivership Order: June 2006 for use in Receiverships in Saskatchewan. Links to an electronic version of the Template and explanatory notes on how to use the Template are included in the announcement. August 4, 2006 Powers of attorney: Moving toward best practices in Canada, a paper by Laura Watts and Kevin Zakreski, discusses three best practices which can assist clients in evaluating the potential for abuse and the uncertainties in the law concerning enduring general powers of attorney. It also features a legislative chart for relevant statutes from each Canadian jurisdiction. This paper is available from the Canadian Centre for Elder Law Studies. August 3, 2006 Starting a new firm: Top 10 mistakes to avoid and top 10 tips for success, by Edward Poll, looks at the business management aspects of practicing law. This article is available from the CBA PracticeLink. August 2, 2006 The Federal Court of Appeal has ruled that an absolute right to refuse unwanted medical treatment in all situations is not a principle of fundamental justice under section 7 of the Charter of Rights. A pedophile was ordered to take anti-androgen medication as a condition for release as part of his long-term supervision order. The Court said that while the right to refuse medical treatment was accepted as the general rule, it is also recognized as properly subject to limitations in certain contexts, such as societal interests in public protection. (Deacon v. Canada (Attorney General), 2006 FCA 265) August 1, 2006 The Occupational Therapists Amendment Act, 2003, S.S. 2003, c. 6, is proclaimed into force, effective August 1, 2006. July 31, 2006 The Supreme Court of Canada has ruled that where payor parents are found to be deficient in their support obligations to their children, it will be open for the courts to vary the existing orders retroactively so long as the applicable statutory regime permits it. Two main factors to be considered include the conduct of the payor parent and whether there is a reasonable excuse for why support was not sought earlier. (D.B.S. v. S.R.G.; L.J.W. v. T.A.R.; Henry v. Henry; Hiemstra v. Hiemstra, 2006 SCC 37) The Government of Saskatchewan has released its Guidelines for consultations with First Nations and Métis People. These guidelines were developed to assist decision makers within government in meeting the Province’s legal obligations where an action proposed by the Province might adversely affect a Treaty or Aboriginal right, and are current to existing case law as of May 1, 2006. The schedule for court sittings for the Court of Queen’s Bench for Saskatchewan for the period commencing September 5, 2006, and ending June 29, 2007, are published in the Saskatchewan Gazette, Part I, Vol. 102, No. 30, July 28, 2006. The following regulation was published in the Saskatchewan Gazette, Part II, Vol. 102, No. 30, July 28, 2006:
July 28, 2006 The Supreme Court of Newfoundland and Labrador Court of Appeal has reinstated a conviction for driving while using a hand-held cellular phone. The arresting officer had observed the driver with a cell phone on his left shoulder with his head leaning against it to hold it in place. The driver argued that he was not talking on the phone at that time. The Court ruled that the term "use" encompassed a variety of operations that could distract a driver, not solely "sending and receiving a communication". R. v. Aisthorpe, 2006 NLCA 40 (CanLII). July 26, 2006 The Saskatchewan government announced that it has reached a settlement with Kathleen and Michell Ross, key figures in the Klassen foster home abuse case. Update to researching Australian law, a guide by Nicholas Pengelley, is now available on LLRX.com. This guide points out the most reliable and authoritative print, online and database resources for researching Australian law and legislation. July 25, 2006 The Law Commission of Canada has released Private security and fundamental rights, a research paper by Lucie Lemonde and Gabriel Hébert-Tétrault. The use of private security guards to ensure law and order and the protection of property is increasing. This paper looks at the trends in judicial decisions concerning the application of the Charter of Rights in the field of private security, and considers whether security guards should be required to respect the fundamental rights of individuals when they engage in arrests, detention, searches or seizures. July 24, 2006 The following regulations were published in the Saskatchewan Gazette, Part II, Vol. 102, No. 29, July 21, 2006:
Saskatchewan Culture, Youth and Recreation Minister Glenn Hagel has released the government's response to the Final report of the Minister's Advisory Committee on Status of the Artist (April 2006). In response to recommendations from the committee's report, legislation will be introduced in the fall that supports required written contracts between artists and engagers with specific elements, including terms regarding intellectual property rights. Legislation for a mechanism that allows artists the ability to engage in collective bargaining, including the establishment of the Saskatchewan Artist and Engagers Commission to review and support these efforts, will also be introduced. July 21, 2006 The Queen's Bench for Saskatchewan has declined to certify a class action concerned with system access fees collected by cellular telephone carriers. The Honourable Justice Gerein concluded that while the statement of claim did disclose a reasonable course of action (unjust enrichment) and an identifiable class, there was no suitable representative plaintiff or litigation plan for the class action itself. Frey v. BCE Inc., 2006 SKQB 328 The Consumer Price Index for June 2006 is now available. The 12-month change fell to 2.5% in June. July 20, 2006 The Queen's Bench for Saskatchewan has upheld a $200,000 settlement for whistleblower Linda Merk. The Honourable Justice Barclay ruled that actions taken against Merk for her whistleblowing activities should be considered as part of the "wrongful discharge" under section 89 of the Labour Standards Act, and thus the principle of causation to the income loss of Merk was correctly applied by the trial judge. (Merk v. International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 771, 2006 SKQB 332) July 19, 2006 The Ontario Superior Court of Justice has ruled that forfeiture provisions under section 462.37 of the Criminal Code are not unconstitutional. The defendant had received a total of $124,500 as proceeds of sales of cocaine to undercover officers over the period of 11 months. These transactions led to charges of trafficking and possession of cocaine to which the defendant pleaded guilty. The monies paid to the defendant were never recovered. While the defense argued that sections 7 and 12 of the Charter protect against the loss of liberty and the right not to be subjected to cruel or unusual punishment, the Court ruled that there was nothing unfair or contrary to the principles of fundamental justice that an accused person would be required to put forth an honest and reasonable effort to pay fines imposed as part of a penalty for violating the criminal law. The forfeiture legislation was intended to address the deterrent aspect of sentencing by demonstrating that "crime does not pay." R. v. Le, 2006 CanLII 23265 (ON S.C.) July 18, 2006 Key considerations when selling or closing a law practice in Canada, by Marlane Press, describes how to plan for closing a law practice. One common complaint is that the length of time it takes to properly close a law practice is usually much longer than what was originally planned. This CBA PracticeLink article includes links to checklists and sample letters. July 17, 2006 Refining the standard: Authenticating computer-based evidence, an article by M. Sean Fosmire, stresses the importance of lawyers understanding how electronic information is created, stored, maintained, secured, and retrieved by their clients in the course of their business operations, in order to ensure that the crucial item that they need to introduce will be accepted by the courts as admissible evidence in support of their clients' case at the time of trial. This article is available on LLRX.com. The Law Commission of Canada has released its new research paper Unsettled: Legal and policy barriers for newcomers to Canada. Some examples of these barriers include eligibility requirements to access services; inflexible requirements for acquiring licensure in one's profession; the presence of hiring procedures that are reasonable in the Canadian context but discriminate against newcomers, for example, not hiring "overqualified" candidates; processing fees that are too costly for many families; the absence of occupation-specific language training; and the absence of accountability mechanisms to ensure that funded programs, such as English as a Second Language courses, are adequately delivered. July 14, 2006 The Law Commission for England and Wales has released its report Inchoate liability for assisting and encouraging crime (LAW COM No. 300). This report considers the circumstances in which a person ought to be criminally liable for encouraging or assisting another person to commit an offence and makes recommendations for two new inchoate offences:
July 13, 2006 A 10-year study on police-reported spousal violence showed that 8 out of 10 spousal offenders were reported to police on only one occasion. The study also found that spousal violence that is reported tends not to escalate to more serious forms of violence, however there may be an indication that victims delay contacting the police until the violence escalated to a serious enough level to warrant police intervention. The highlights of this study are in Family violence in Canada: A statistical profile, released by the Canadian Centre for Justice Statistics. July 12, 2006 The latest Burney's Gadgets for Legal Pros column on LLRX.com features the Belkin Flip and a review of the Panasonic Toughbook. The Belkin Flip is a KVM switch (keyboard/video/mouse) that controls two computers with one remote. The Panasonic Toughbook is an semi-rugged ultraportable. July 11, 2006 A realtor who promised to protect her client's interest by selling her a condominium with no established structural or water ingress problems was ordered to pay damages for negligent misrepresentation. The Supreme Court of British Columbia has ruled that the realtor failed in her duty to her client. The Honourable Justice Curtis awarded the plaintiff $5,000 in general damages for inconvenience and difficulties caused by having purchased a leaky condo, and the balance of special assessments not recovered amounting to $14, 527. (Holt v. Thompson, 2006 BCSC 1059) July 10, 2006 The following regulations were published in the Saskatchewan Gazette, Part II, Vol. 102, No. 27, July 7, 2006:
The following regulation was published in the Saskatchewan Gazette, Part III, Vol. 102, No. 27 July 7, 2006
July 7, 2006 The June/July issue of The National is now available online. Featured articles include tips on electronic discovery, what's new in legal technology and offshoring legal work to India. July 6, 2006 A probation officer has been found negligent for failing to warn a minor hockey association that one of its volunteer assistant coaches was a convicted pedophile. British Columbia Supreme Court Justice Silverman ruled that the probation officer did not live up to the standard of care expected of a person in his position. Such standard of care required steps as were necessary to ensure that the convicted sex offender no longer posed a risk to the boys playing hockey within the association. (D.N. v. Oak Bay (District), 2005 BCSC 1412) The Canadian Human Rights Commission has released key papers and speeches presented at A Serious Threat: A Conference on Combating Hate on the Internet and Section 13 of the Canadian Human Rights Act, a conference held in December 2005. This conference is part of the Commission's Proactive Initiatives program which looks into issues that impact the overall human rights system. July 5, 2006 Barbara Tomkins of Regina and Jane Lancaster, Q.C., of Saskatoon have been appointed as full-time members of the Automobile Injury Appeal Commission. Upcoming events from the Saskatchewan Trial Lawyers Association include a teleseminar on Tax Litigation with Kurt Wintermute to be held on September 19, 2006, and Exceptional Courtroom Performance: Learning the Art of Persuasive Courtroom Presentations, the Fall Conference, to be held on November 17, 2006. July 4, 2006 The Legal Profession Amendment Act, 2005, S.S. 2005, c. 38, is proclaimed into force, effective July 1, 2006. The Teachers’ Federation Act, 2006, S.S. 2006, c. T-7.1, is proclaimed into force, effective July 1, 2006. The Veterinarians Amendment Act, 2006, S.S. 2006, c. 36, is proclaimed into force, effective July 1, 2006. The Traffic Safety Act, S.S. 2004, c. T-18.1, is proclaimed into force, effective July 1, 2006. The Third Annual Stuart Eisner Memorial Golf Tournament will be held on August 11, 2006 (Friday) at Saskatoon Golf & Country Club. Register now for 18 holes of fun and frolic with Stuart's friends, acquaintances and detractors. A portion of the green fee will be sent to the Stuart Eisner Memorial Bursary. If you are not a golfer, join in the fun by attending dinner only. Contributions to the Stuart J. Eisner Memorial Bursary can be made at any time. The following regulations were published in the Saskatchewan Gazette, Part II, Vol. 102, No. 26, June 30, 2006:
June 29, 2006 The GST will be reduced on July 1, 2006 to 6%. Invoices rendered following that date should reflect this change. Transitional rules and an FAQ feature are available on the CRA website. Attached is a notice received today which outlines transitional information specifically applicable to real property transactions. On June 29, 2006, the Supreme Court of the United States released Hamdan v. Rumsfeld, Secretary of Defence, 548 U.S. 86 (2006), a decision on the legality of the military trials for detainees at Guantanamo Bay. Omar Khadr, a Canadian, is affected by this decision. The new Pest Control Products Act, S.C. 2002, c. 28, came into force June 28, 2006. To read more about this act see the press release put out by the Pest Management Regulatory Agency. June 28, 2006 In a news release, the Canadian Food Inspection Agency has announced a ban on cattle tissue from animal feed, pet food, and fertilizer in order to fight bovine spongiform encephalopathy (BSE). The relevant regulations, Regulations Amending Certain Regulations Administered and Enforced by the Canadian Food Inspection Agency, S.O.R./2006-147, will come into effect on July 12, 2007. Please note: these regulations have not yet been published in the Canada Gazette Part II. The British Columbia Law Institute has released a report on division of pensions on marriage breakdown: Pension Division on Marriage Breakdown - A Ten Year Review of Part 6 of the Family Relations Act. The report refers to the British Columbia Family Relations Act, R.S.B.C. 1996, c. 128, which treats pensions as family assets to be divided at a marriage breakdown. June 26, 2006 The following regulations were published in the Saskatchewan Gazette, Part II, Vol. 102, No. 25, June 23, 2006:
June 23, 2006 BILL C-22, An Act to amend the Criminal Code (age of protection) and to make consequential amendments to the Criminal Records Act, has received first reading in the House of Commons. The Legislative Assembly of Ontario has passed Bill 209 Highway Traffic Amendment Act (Drinking and Boating Offences), 2005, which increases the penalties for drinking and boating. June 21, 2006 Bill C-21, An Act to amend the Criminal Code and the Firearms Act (non-registration of firearms that are neither prohibited nor restricted) (1st Sess., 39th Parl.), received first reading in the House of Commons on June 19, 2006. Public Safety and Emergency Preparedness Canada includes a Backgrounder about this bill on their website. June 20, 2006 The Consumer Price Index for May 2006 is now available. The 12-month change increased to 2.8% in May, again largely due to higher gasoline prices. Google has introduced a new website called Google U.S. Government Search. This search engine indexes content from U.S. federal, state and municipal governments. It is possible to personalize the page to include information of interest; it is designed to make searching for government information more like finding information in the rest of the Internet. Google U.S. Government Search is designed to compete with the official government portal. June 19, 2006 In M.D.R. v. Ontario (Deputy Registrar General), 2006 CanLII 19053 (ON S.C.), Ontario Superior Court has ruled that the birth registry provisions of the Vital Statistics Act, R.S.O. 1990, c. V.4 infringed the applicants' section 15 Charter right to be protected against discrimination based on sex. The Court declared the provisions to be invalid, but the Court has delayed the statement of invalidity for twelve months to allow the Ontario Legislature time to change the legislation. The applicants are lesbian co-parents who want to have both their names printed on their children's Statements of Live Birth. The Statement of Live Birth is the primary prerequisite for a Birth Certificate. In Jakubec v. Air Canada (1 June 2006), CTA Decision 319-C-A-2006, the Canadian Transportation Agency refused the application of a couple from northern British Columbia to receive compensation for their dog, which died on a trip from Smithers to Winnipeg in an Air Canada cargo hold. June 16, 2006 "Why Paper Still Matters: A Contrarian View of the Paperless Office," an article by Edward Poll on the CBA PracticeLink, outlines reasons why a universal adoption of the paperless office is unlikely from ideological and practical perspectives. June 15, 2006 The Business Corporations Amendment Act, 2005, S.S. 2005, c. 6 comes into force on June 15, 2006. The Non-profit Corporations Amendment Act, 2005, S.S. 2005, c. 22 comes into force on June 15, 2006. June 14, 2006 In Jones v. Ministry of Interior Al-Mamlaka Al-Arabiya AS Saudiya (the Kingdom of Saudi Arabia) and others, [2006] UKHL 26, the Law Lords of the British House of Lords have decided that William Sampson, a Canadian, and three British citizens may not sue Saudi Arabian officials in the United Kingdom for alleged torture while they were held in a Saudi prison. The decision stated that officials of a foreign state are included under state immunity legislation in the United Kingdom. Canadian Lawyers Abroad is a non-profit group that connects lawyers and law students with international opportunities for pro bono work. They request a commitment of fifty hours, and fill calls for assistance from NGOs and governments in developing countries. Canadian Lawyers Abroad has need of assistance with many areas of legal expertise including corporate and tax law. June 13, 2006 The Traffic Safety Act, S.S. 2004, c. T-18.1 will come into force on July 1, 2006. The Traffic Safety Act amalgamates The Highway Traffic Act, The Motor Carrier Act and The Vehicle Administration Act, with some changes. Proactive Marketing Should Fill the Gaps in a Referral-Based Practice, an article by Bob Weiss on the ABA Law Practice Today, outlines ways to round out a firm's practice, by focussing on marketing to potential clients who are not being reached by word of mouth. June 12, 2006 The following regulations were published in the Saskatchewan Gazette, Part II, Vol. 102, No. 23, June 9, 2006:
The following regulation was published in the Saskatchewan Gazette, Part III, Vol. 102, No. 23, June 9, 2006:
June 9, 2006 The new Evidence Act will come into force on September 1, 2006. The Evidence Act will repeal and replace the Saskatchewan Evidence Act and The Recording of Evidence by Sound Recording Machine Act. June 8, 2006 Chief Justice Laing of the Saskatchewan Court of Queen's Bench released his decision in R. v. Ahenakew, 2006 SKQB 272 (35 pages). An Act to protect human health and safety and the
environment by regulating products used for the control of pests, S.C.
2002, c. 28, is proclaimed into force, effective June 28, 2006. June 7, 2006 How to Budget an Engagement: Creating a More Satisfied Client, an article by Edward Poll on the CBA PracticeLink, outlines reasons for preparing a budget at the beginning of a matter and ways to ensure the effectiveness of the budget throughout the professional relationship. Rick Snell, a senior lecturer at the Law School, University of Tasmania, will be presenting a lecture entitled "Six Steps to Making Access to Information Work for Lawyers (and Everyone Else)." This lecture is organized by SKLESI and will be held on Monday, June 12, 2006, 12:00-2:00 in the Canadian North Ballroom, Ramada Hotel in Regina. Tickets are $45.00 plus GST and include a buffet lunch. June 6, 2006 The Office of the Privacy Commissioner of Canada has tabled its report Government accountability for personal information: Reforming the Privacy Act with the House of Commons Standing Committee on Access to Information, Privacy and Ethics. In this report, Privacy Commissioner Jennifer Stoddart suggests that the scope of the Privacy Act be expanded to include all public-sector bodies unless specifically excluded by Parliament, to change the definition of personal information to include both recorded and unrecorded information such as DNA samples, and to empower the Federal Court to assess damages for the improper collection, use and disclosure of personal information. June 5, 2006 Canada Post announced its 2007 stamp program which will include a stamp celebrating the Law Society of Saskatchewan Centennial. June 2, 2006 Sections 3, 5, 6, and 7 of the Animal Products Amendment Act, 2002, S.S. 2002, c. 15, are proclaimed into force, effective June 1, 2006. The following sections of the Alcohol and Gaming Regulation Amendment Act, 2005, S.S. 2005, c. 3, are proclaimed into force, effective June 1, 2006:
The following regulation was published in the Saskatchewan Gazette, Part II, Vol. 102, No. 22, June 2, 2006:
June 1, 2006 The Securities Amendment Act, 2006, S.S. 2006, c. 8, is proclaimed into force, effective June 1, 2006. Saskatchewan Justice has released background information explaining the new amendments. The federal government has released its Response of the Government of Canada to the Report of the 2003 Judicial Compensation and Benefits Commission. The Government's response proposes that judges receive a salary increase of 7.25% rather than the 10.8% recommended by the Commission. May 31, 2006 The Canada Gazette, Part II, vol. 140, no. 11, May 31, 2006 contains a number of amending regulations including one for the Firearms Fees Regulations. May 30, 2006 An inquest into the death of Dona Sanderson will be held June 13 to 16, 2006 at the Saskatoon Queen's Bench Courthouse. Ms. Sanderson died at St. Paul's Hospital while in custody of the Saskatoon Police Service. The Ontario Court of Appeal has ruled that a shared or parallel parenting order cannot stand where there is an absence of cooperation and effective communication between parents. Parallel parenting allocates specific, non-overlapping responsibilities between parents in high-conflict cases in order to avoid or minimize future conflict. The Court replaced the shared parenting order with an equal access regime, giving the mother sole custody with the power to make all major decisions concerning the children. (Roy v. Roy, 2006 CanLII 15619 (ON C.A.)) May 29, 2006 The following regulations were published in the Saskatchewan Gazette, Part II, Vol. 102, No. 21, May 26, 2006:
The Supreme Court of Pennsylvania has ruled that computer-generated animation (CGA) illustrating the Commonwealth's theory of the homicide was properly admitted as demonstrative evidence. Madame Justice Newman wrote that "CGA is potentially admissible as demonstrative evidence as long as the animation is properly authenticated, it is relevant and its probative value outweighs the danger of unfair prejudice or confusion." (Commonwealth of Pennsylvania v. Serge, No. 150 MAP 2004, 25 April 2006, (Penn. 2006). May 26, 2006 Defending personal injury: Top ten tips on how to avoid a jury mistrial, an article by Alison Murray, offers advice on dealing with juries while defending a personal injury case. Each tip includes references to specific case law. This article is available from the Continuing Legal Education Society of British Columbia. May 24, 2006 Best Practices in Responding to U.S. Audit Enquiries, the latest EPIIgram from the Canadian Bar Association, discusses how Canadian counsel should respond to U.S. audit inquiries for their American clients. A sample form of audit response for external Canadian counsel is also available. May 23, 2006 The following regulations were published in the Saskatchewan Gazette, Part II, Vol. 102, No. 20, May 19, 2006:
May 19, 2006 The Miscellaneous Statutes (Directors' and Officers' Indemnification and Insurance) Amendment Act, 2006, The Miscellaneous Statutes (Directors' and Officers' Indemnification and Insurance) Amendment Act, 2006 (No. 2) and The Interpretation Amendment Act, 2006 received Royal Assent on May 19 , 2006 and are now in force. These Acts provide for parallel amendments to the indemnification and insurance related provisions for officers and directors in The Interpretation Act, 1995, The Business Corporations Act, The Non-profit Corporations Act, 1995, The Co-operatives Act, 1996, The New Generation Co-operatives Act, The Credit Union Act, 1998, and The Crown Corporations Act, 1993. May 18, 2006 The Consumer Price Index for April 2006 is now available. The 12-month change increased to 2.4% in April, largely due to higher gasoline prices. May 17, 2006 An inquest into the death of Shawn Martinot will be held May 30 to June 2, 2006 at the La Ronge Provincial Court Building. The Supreme Court of the State of Utah has upheld the 2003 bigamy conviction of a former police officer, ruling that the state law banning polygamy is not unconstitutional. The Court found that the protections enshrined in the U.S. Constitution as well as the Utah state constitution guaranteeing freedom of religion and conscience, due process and freedom of association do not shield the practice of polygamy from state prosecution. (State of Utah v. Holm, 2006 UT 31) May 16, 2006 The British Columbia Court of Appeal has upheld a class action certification against a tobacco company which allegedly engaged in deceptive acts or practices by marketing cigarettes branded as "light" and "mild". The Court limited entitlement to any potential damages to people who purchased light or mild cigarettes after May 1997. (Knight v. Imperial Tobacco Canada Limited, 2006 BCCA 235) May 15, 2006 The following regulations were published in the Saskatchewan Gazette, Part II, Vol. 102, No. 19, May 12, 2006:
Saskatchewan Labour and the Saskatchewan Human Rights Commission announced the release of Pregnancy, Parenting and the Workplace, a guide which explains labour standards, human rights, and employment insurance benefits as they relate to pregnancy and parental rights in the workplace. Free copies of the handbook are available from Saskatchewan Labour, Saskatchewan Health, the Saskatchewan Human Rights Commission, Service Canada and the Breastfeeding Committee for Saskatchewan. May 12, 2006 The Ontario Court of Appeal has ruled that, as a general rule, adult children should be required to make a reasonable and meaningful contribution towards post-secondary education expenses. "In such a consideration, it is appropriate to consider income and savings of both the parents and the child." (Lewi v. Lewi, Docket No. C43423, May 11, 2006) The Psychologists Amendment Act, 2004, S.S. 2004, c. 23, is proclaimed into force, effective May 12, 2006. May 11, 2006 The Honourable Beverley J. Oda, Minister of Canadian Heritage and Status of Women and Minister responsible for Indian Residential Schools Resolution Canada, and the Honourable Jim Prentice, Minister of Indian Affairs and Northern Development and Federal Interlocutor for Métis and Non-Status Indians, announced the approval of a final Indian Residential Schools Settlement Agreement and the immediate launch of an Advance Payment program for former students who were 65 years of age or older on May 30, 2005. The Agreement must be presented for approval by the courts in nine Canadian jurisdictions. Donald J. Bird is appointed a judge of the Provincial Court. His responsibilities will include the establishment of an Aboriginal Provincial Court Party in Meadow Lake which will travel to court points in northwestern Saskatchewan. The British Columbia Law Institute and Canadian Centre for Elder Law Studies have released a Study paper on viatical settlements (CCELS Report No. 3 / BCLI Report No. 43). A viatical settlement is a transaction in which an insured person with diminished life expectancy transfers the entitlement to receive a death benefit under the policy of insurance to another person. This other person then pays the insured an amount that is less than the face value of the death benefit and undertakes to pay the premiums for the insurance policy. Most provinces have legislation which renders viatical settlements illegal. This paper examines current Canadian law, describes a typical viatical settlement, looks at leading policy arguments for and against removing the legal barriers, and includes a discussion of the draft regulation published in 2001 by Ontario's Financial Services Commission. May 10, 2006 The Law Reform Commission of Saskatchewan announced that it has prepared a model code of procedure for use by boards, commissions and other administrative tribunals. This code will be made available to tribunals. The Court of Appeal for Saskatchewan has released its decision in Vigoren v. Nystuen, 2006 SKCA 47. May 9, 2006 The April/May 2006 issue of The National is now available online. Featured articles include what's new in solo and small firm technology, how to use practice group management, and an update on shareholder class actions. May 8, 2006 The following regulation was published in the Saskatchewan Gazette, Part II, Vol. 102, No. 18, May 5, 2006:
May 5, 2006 The Office of Consumer Affairs has released the updated Canadian consumer handbook (2006 edition). This handbook features tips, questions and advice on consumers' rights, along with contacts for help with common problems. May 4, 2006 Minister of Justice and Attorney General of Canada Vic Toews will introduce two pieces of criminal law reform legislation today. One eliminates conditional sentencing for serious offences and the other introduces mandatory sentences for gun offences. Canada Justice has prepared two backgrounders: Conditional Sentencing Reform Bill and Mandatory Minimum Penalties. The bills will be available online at House of Commons Bills later today. May 3, 2006 Hiring and working with support staff: A guide for solo and small firm lawyers, an article by Janice Mucalov on the CBA PracticeLink, reviews when you should consider hiring an assistant, how to hire and train staff, and includes tips for involving staff with client service. May 2, 2006 The following sections of An Act to amend certain Acts in relation to financial institutions, S.C. 2005, c. 54, (Bill C-57), are proclaimed into force effective April 27, 2006 (P.C. 2006-236):
An Act to amend the Telecommunications Act, S.C. 2005, c. 50, is proclaimed into force effective June 30, 2006 (P.C. 2006-249). An Ontario woman who slipped back into drug addiction due to injuries sustained during a bus accident will receive income replacement benefits for the time she spent in a rehab program. The Ontario Superior Court of Justice has ruled that the woman's former drug dependency was no different than a pre-existing back condition which could be exacerbated by an accident, leading to more serious trouble. (McIntyre v. TTC Insurance Company, 2006 CanLII 1194 (ON S.C.)) The federal Budget 2006 information will be available at 2 p.m. this afternoon. May 1, 2006 Amendments to the Federal Child Support Guidelines come into force effective May 1, 2006. Justice Canada has provided the following resources for guidance in applying the new guidelines:
The Law Society Libraries in Regina and Saskatchewan have reserve copies of The Federal Child Support Guidelines: Step-by-step and the Simplified Tables for Saskatchewan available. Dr. Gordon Barnhart is appointed as Lieutenant Governor of Saskatchewan. A date for the installation of the new Lieutenant Governor will be determined by Premier Lorne Calvert. The Milk Control Amendment Regulations, 2006 (No. 4), SR 35/2006, were published in the Saskatchewan Gazette, Part II, Vol. 102, No. 17, April 28, 2006. April 28, 2006 The Estate Tariff Review Committee is requesting members to submit information for its work in evaluating the Estate Tariff. The Committee is interested in hearing from members regarding difficulties or disputes with the tariff, especially for items that are not covered specifically by the current tariff. The Committee is seeking examples from members where they have complicated files and the tariff provides no direction. Send any comments as soon as possible to the Estate Tariff Review Committee at reception@lawsociety.sk.ca. Comments are needed by April 30, 2006. The Ontario Superior Court of Justice has ruled that because section 2(b) of the Charter guarantees freedom of expression there exists no justification to permit governments to sue for defamation. Justice Corbett wrote that while public officials are entitled to protect their personal reputations, democratically elected governments such as towns have no such right. "Any restriction on the freedom of expression about government must be in the form of laws or regulations enacted or authorized by the legislature; the common law position, in the absence of such legislation, is that absolute privilege attaches to statements made about government." (Halton Hills (Town) v. Kerouac, 2006 CanLII 12970 (ON S.C.)) April 26, 2006 The Court of Appeal for Saskatchewan has released its decision in University of Saskatchewan v. Women 2000, 2006 SKCA 42. The Court has upheld the Court of Queen's Bench decision (2005 SKQB 342) that dismissed the University's applications to quash the decision of the Chief Commissioner of the Saskatchewan Human Rights Commission remitting the matter of the complaint to a tribunal for an inquiry, to quash the preliminary decision of the Tribunal, and to prohibit the Tribunal from continuing with the hearing of the complaint. April 25, 2006 The Gerard V. La Forest Law Library at the University of New Brunswick has launched Her Majesty the Queen and Allan Joseph Legere: A digital archive relating to the crimes, capture and trial of the killer known as the “Monster of the Miramichi.” Legere's conviction was the first significant murder conviction attributable to the expert use of DNA evidence in Canada. The digital collection includes the complete transcript of all proceedings in the Voir Dire and Trial, the drawings of court artist Carol Taylor, and commentary by key participants. April 24, 2006 Hugh Harradence, Q.C. is appointed chair of the Saskatchewan Legal Aid Commission. The schedule for chambers sittings for the Court of Queen's Bench for Saskatchewan for the period commencing July 3, 2006 to September 1, 2006 was published in the Saskatchewan Gazette, Part I, Vol. 102, No. 16, April 21, 2006. The following regulations were published in the Saskatchewan Gazette, Part II, Vol. 102, No. 16, April 21, 2006:
The following regulation was published in the Saskatchewan Gazette, Part III, Vol. 102, No. 16, April 21, 2006:
April 20, 2006 The Consumer Price Index for March 2006 is now available. The 12-month change remained stable at 2.2%. April 19, 2006 The Law Commission of Canada has released Crossing borders: Law in a globalized world. This discussion paper looks at the implications of globalization for law reform, focussing on how international laws are made and enforced. April 18, 2006 The Enforcement of Foreign Judgments Act, S.S. 2005, c. E-9.121 is proclaimed into force effective April 19, 2006. The Supreme Court of British Columbia has awarded special damages of $11,376 and general damages of $10,000 in a case of tortious deceit between a husband and wife. Rajendra Kumar abandoned his wife Madhavi Raju within 17 days of obtaining his Canadian residency, reneging on his promise to raise a family with her. Justice E.R.A. Edwards ruled that the four elements of the tort of deceit had been established: a false representation, knowledge of its falsity, an intent to deceive and reliance by the plaintiff with resulting damage, but declined to award punitive damages as Kumar's deceit was motivated by self-interest, not vindictiveness. (Raju v. Kumar, 2006 BCSC 439) April 17, 2006 The Ontario Superior Court of Justice has ruled that confidentiality of communications during a mediation meet the four Wigmore conditions as set out in Slavutych v. Baker, [1976] 1 S.C.R. 254, 1975 CanLII 5 (S.C.C.). Justice K. Swinton stated that while the mediator's evidence might be of some assistance, it was not the only evidence available on the scope of the parties' agreement. (Rudd v. Trossacs Investments Inc., 2006 CanLII 7034 (ON S.C.D.C.)). The following regulations were published in the Saskatchewan Gazette, Part II, Vol. 102, No. 15, April 13, 2006:
April 13, 2006 The Court of Appeal for Saskatchewan has released its decision in Owens v. Saskatchewan Human Rights Commission, 2006 SKCA 41. April 12, 2006 Saskatchewan Court of Queen's Bench Justice Guy Chicoine has ruled that the Saskatchewan Legal Aid Commission broke provisions of section 80 of the Labour Standards Act, RSS 1978, c. L-1. The commission was statutorily bound to allow Hillson to continue his former employment under the same terms and conditions in which he was formerly employed. (Hillson v. Saskatchewan Legal Aid Commission, 2006 SKQB 162) April 11, 2006 The Ontario Court of Appeal has ruled that a non-resident child support payor should expect to pay as much as a resident of Canada despite differences in cost of living expenses. Justice Feldman concluded that "... if one were to begin to recognize and adjust for discrepancies in the cost of living just to calculate income, such discrepancies would not be limited to countries, but could extend to cities or even smaller areas, and would require extensive evidence in each case. The inquiry would become cumbersome, expensive and potentially unworkable." (McGouran v. Connelly, 2006 CanLII 7668 (ON C.A.)) April 10, 2006 The following regulations were published in the Saskatchewan Gazette, Part II, Vol. 102, No. 14, April 14, 2006:
Mentor. Me?, the latest EPIIgram from the Canadian Bar Association, looks at the benefits of mentoring programs. April 7, 2006 The High Court of Justice Chancery Division has ruled that that the central themes used in The Da Vinci Code, a novel by Dan Brown, are too general or of too low a level of abstraction to be capable of protection by copyright law. (Baigent and Leigh v. Random House [2006] EWHC 719 (Ch)]) April 6, 2006 The 2006-2007 Saskatchewan Provincial Budget is now available. The First Nations Oil and Gas and Moneys Management Act, S.C. 2005, c. 48, is proclaimed into force effective April 1, 2006 (P.C. 2006-165). The First Nations Commercial and Industrial Development Act, S.C. 2005, c. 53, is proclaimed into force effective April 1, 2006 (P.C. 2006-166). Section 42 of the Crown Corporations Dissolution or Transfer Authorization Act, S.C. 1991, c. 38, is proclaimed into force effective March 31, 2006 (P.C. 2006-171). The First Nations Fiscal and Statistical Management Act, S.C. 2005, c. 9, is proclaimed into force effective April 1, 2006, except for s. 154 which came into force on March 23, 2005 (P.C. 2006-181). April 5, 2006 The Saskatchewan Court of Appeal has released its decision in the case of the City of Regina and CUPE Local 21 and Gary Kivela and the Saskatchewan Human Rights Commission. (Regina (City) v. Kivela, 2006 SKCA 38) Upcoming Saskatchewan Trial Lawyers Association events include the Automobile Injury Appeal Commission Cases teleseminar on April 12, 2006 and States of Mind Mental Health Legal Conference on May 12, 2006. April 4, 2006 The Throne Speech marking the beginning of the 39th Parliament of Canada is available online. April 3, 2006 Amendments to the Court of Queen's Bench Rules were published in the Saskatchewan Gazette, Part I, Vol. 102, No. 13, March 31, 2006. These amendments are in effect on April 1, 2006. The following regulations were published in the Saskatchewan Gazette, Part II, Vol.. 102, No. 13, March 31, 2006:
The Canada Gazette has introduced an advanced search engine. This search engine features drop-down menus to limit results by date and to specify a category in Part I or by searching only in Part II. March 31, 2006 The Youth Drug Detoxification and Stabilization Act, S.S. 2005, c. Y-1.1, is proclaimed into force effective April 1, 2006. Background information for the Youth Drug Detoxification and Stabilization Act and information for parents, youths and the prescribed Form A are also available online. The Police Amendment Act, 2005, S.S. 2005, c. 25, is proclaimed into force effective April 1, 2006. Sections 1, 2, 20, 24(c) and 25 to 28 of the Summary Offences Procedure Amendment Act, 2005, S.S. 2005, c. 42, are proclaimed into force effective April 1, 2006. March 30, 2006 The Ontario Court of Appeal has upheld a trial judge's ruling that certain sections of the Youth Criminal Justice Act, S.C. 2002, c. 1, violate the s. 7 Charter rights of a defendant. The trial judge found that ss. 62, 63, 64(1) and (5), 70, 72(1) and (2) and 73(1) of the YJCA place an onus on the youth to justify a youth sentence rather than an adult sentence in the case of serious offences such as manslaughter. Sections 75 and 110(2) impose a burden on the youth to justify maintaining a publication ban. The Court of Appeal agreed that these provisions infringed on the respondent's liberty and privacy interests, upholding the sentence of 30 months' intensive rehabilitative custody followed by 6 months of conditional supervision in the community, with no credit given for the 1 year period of pre-trial custody. (R. v. B. (D.), C42719, C42923, Court of Appeal for Ontario, March 24, 2006). March 29, 2006 The Ontario Superior Court has ruled that an insurer could refuse accident benefits to a man who contracted West Nile virus when bitten by a mosquito while at work. While the policy included the following clause: "Loss resulting from unavoidable exposure to the elements and arising out of hazards described above shall be covered to the extent of the benefits afforded an Insured Person", Justice H. Sachs held that Mr. Kolbuc's condition arose from natural causes, not an accident. (Kolbuc v. Ace Ina Insurance, 2006 CanLII 123 (ON S.C.)) March 28, 2006 Volunteers are needed for the Practitioner Staff Appeals Tribunal. Created by the Practitioner Staff Appeals Regulations, c. R-8.2 Reg 5, the tribunal will hear appeals from physicians, dentists and chiropractors who disagree with a decision of a regional health authority respecting appointments, discipline and privileges. The tribunal is made up of appointees of the Minister and must include two appointees that are practicing members of the Law Society of Saskatchewan. Interested parties should submit curriculum vitae by April 10, 2006, to the attention of Allan Snell, Q.C., Law Society of Saskatchewan, 1100-2500 Victoria Avenue, Regina, SK S4P 0J3. The latest Burney's Gadgets for Legal Pros column reviews two free software programs: the Kerio Personal Firewall and SyncBack, a backup program, and the Treo 700w phone. March 27, 2006 The following regulations were published in the Saskatchewan Gazette, Part II, Vol. 102, No. 12, March 24, 2006:
The Canadian Forces Members and Veterans Re-establishment and Compensation Act, S.C. 2005, c. 21, is proclaimed into force effective April 1, 2006, except s. 116 which came into force May 13, 2005 (P.C. 2006-136). Sections 4.1(3) and 4.92(3) of an Act to amend the Federal-Provincial Fiscal Arrangements Act and to make consequential amendments to other Acts (fiscal equalization payments to the provinces and funding to the territories), S.C. 2005, c. 7, are proclaimed into force effective April 1, 2006 (P.C. 2006-145). March 24, 2006 In a recent decision from the Supreme Court of British Columbia, the Kirkmans were ordered to pay damages in the amount of $21,000 to Ms. Ovens for sending a tree faller on to the Ovens property to "top" 3 mature Douglas firs that they had considered as troublesome. The trees were destroyed. The award included $5,000 in punitive damages because "Mr. Kirkman acted without any regard to the legitimate interests and privacy expectations of the plaintiff. He was not a good neighbour. An award of punitive damages is the one of the few means available for the court to express its disapproval and to send a message to others that they must not trespass and cut trees on their neighbour’s land without express permission." (Ovens v. Kirkman et al, 2006 BCSC 394). March 23, 2006 The Supreme Court of Canada on excluding evidence under s. 24(2) of the Charter, a paper by the Honourable Chief Justice Gerard Mitchell, PEI Supreme Court, Appeal Division, is a digest of the law on s. 24(2) as applied for the past 20 years by the Supreme Court of Canada. March 22, 2006 The Election Amendment Act, 2005, S.S. 2005, c. 12, is proclaimed into force effective March 22, 2006. The Saskatchewan government has announced new initiatives to assist in preventing, detecting and reporting the misuse of public funds. A summary of reported incidents dealing with financial irregularities within the executive government, the Treasury Board Crown Corporations, agencies of the executive government, and the Crown Investment Corporations was released. Saskatchewan Justice Minister Frank Quennell has introduced the Victims of Crime Amendment Act, 2006, (Bill 32). The proposed amendments will change the time periods for application for compensation, provide for compensation to immediate family members of homicide victims for short-term counselling, and set up an appeals process. March 21, 2006 Enhancing mobile security, an article by Lawtech Guru blogger Jeff Beard, looks at security risks associated with mobile computing and ways to minimize them. This article originally appeared in the March 2006 issue of Law Office Computing which is also available at the Regina Law Society Library. The Ontario Superior Court has ruled in a recent child support case that a child with special needs should not have to rely on monies available from her deceased mother's estate for payment of special or extra-ordinary expenses. (Willett v. McAdam 2006 CanLII 5146 (ONS.C.)) March 17, 2006 The following regulations were published in the Saskatchewan Gazette, Part II, Vol. 102, No. 11, March 17, 2006:
March 16, 2006 The Consumer Price Index for February 2006 is now available. The 12-month change in the index dropped 2.2%. March 15, 2006 The March 2006 issue of the National is now available online. March 14, 2006 Saskatchewan Justice has announced the establishment of a new Public Complaints Commission (PCC). The PCC will have control over investigations into any public police complaint, including those concerning criminal matters. A backgrounder with commission members' biographies is available. These appointments are in effect upon the proclamation of the Police Amendment Act, 2005, S.S. 2005, c. 25. Ninety years ago today Saskatchewan women who were British citizens earned the right to vote in provincial elections. March 13, 2006 The following Court of Appeal practice directives were published in the Saskatchewan Gazette, Part I, Vol. 102, No. 10, March 10, 2006. All three directives take effect April 1, 2006.
The Hearing Aid Sales and Services Act, S.S. 2001, c. H-2.01, is proclaimed into force effective March 10, 2006. March 10, 2006 The following regulations were published in the Saskatchewan Gazette, Part II, Vol. 102, No. 10, March 10, 2006:
"Kids in the Middle: Parenting After Separation for Aboriginal Communities" an interactive CD produced by Saskatchewan Justice, features short videos, planning worksheets, and other information for families working through the separation process. The CD will be available through Aboriginal family and community service organizations. Justice Minister Frank Quennell announced the release of the CD on March 9, 2006. Practical pointers for powerful and persuasive PowerPoint presentations, a presentation paper by Simon Chester and Dan Pinnington, outlines the 12 worst PowerPoint sins, appropriate uses for PowerPoint, and the 5 Ps of presentations: planning, preparation, practice, presenting and post mortem. This article is available on the CBA's PracticeLink. March 9, 2006 The Right Honourable Beverley McLachlin, Chief Justice of Canada, announced that the Honourable Justice Rothstein will be sworn in as a justice of the Supreme Court of Canada on March 9, 2006. March 7, 2006 Settlements have been reached in lawsuits filed against the Government of Saskatchewan and others by James Elstad and Edward Revesz. A recent article from the American Bar Association Law Practice titled Exit Interviews: Learning from Departing Employees discusses the useful information that may gained from taking the time to interview a departing employee. March 6, 2006 The Law Society is very pleased to announce the Honourable Mary Ellen Turpel-Lafond as the recipient of the Willy Hodgson Award. Family, friends and colleagues of both Willy Hodgson and Judge Turpel-Lafond attended the award ceremony held at the Hotel Saskatchewan, Friday, March 3, 2006. This award is given in memory of Willy Hodgson, O.C., SOM, and her many contributions to advancing equality and diversity in the administration of justice for the people of Saskatchewan. Ms. Hodgson was a Law Society Lay Bencher from 1997 to 2001. The award recognizes Judge Turpel-Lafond's work in building bridges between Aboriginal and non-Aboriginal peoples, based on the teaching of the elders of kindness and respect. In 1998 she became the first Treaty Indian appointed as Provincial Court judge in Saskatchewan and is noted for her advocacy work for First Nations people, especially women. The award was presented at the end of the Moving Towards Justice: Legal Traditions and Aboriginal and Canadian Justice conference sponsored by the Saskatchewan Institute of Public Policy. A new Tariff of Costs replacing the Schedule I "A" Tariff of Costs for the Court of Appeal is published in the Saskatchewan Gazette, Part I, Vol. 102, No. 9, March 3, 2006. This new schedule will take effect on April 1, 2006. The following regulation was published in the Saskatchewan Gazette, Part II, Vol. 102, No. 9, March 3, 2006:
The following regulation was published in the Saskatchewan Gazette, Part III, Vol. 102, No. 9, March 3, 2006:
March 3, 2006 The latest issue of LawPRO, Vol. 5, Issue 1, Winter 2006, features articles on marketing, mediation and surviving self-represented litigants. March 2, 2006 Prime Minister Stephen Harper has appointed Mr. Justice Marshall Rothstein to the Supreme Court of Canada. March 1, 2006 Premier Lorne Calvert announced that the spring sitting of the Second Session of the 25th Legislature will begin on Tuesday, March 14, 2006. Saskatchewan's minimum wage has increased to $7.55 an hour effective today. On March 1, 2007 the minimum wage will go up by another 40 cents to $7.95 an hour.
February 28, 2006 Prime Minister Stephen Harper has appointed Michael Fortier of Quebec to the Senate. Lawyers and depression: Three case studies, an article by Owen Kelly, looks at what constitutes clinical depression, why lawyers are so susceptible, what treatments are available beyond medication, and when and where to seek help for themselves or a colleague. This article is available on the CBA's PracticeLink. Saskatchewan Labour announced that the Workers' Compensation Amendment Act, 2005, S.S. 2005, c. 46, will come into force on March 1, 2006. Under this new legislation ureter, colorectal, and testicular cancer, lung cancer in non-smokers, and heart injury occurring within 24 hours of an emergency response, are now presumed to be occupational diseases for Saskatchewan's full-time, professional firefighters, unless there is evidence to the contrary. February 27, 2006 The following regulations were published in the Saskatchewan Gazette, Part II, Vol. 102, No. 8, February 24, 2006:
CanLII has added 200 pre-1985 decisions to its Supreme Court of Canada collection. February 23, 2006 Prime Minister Stephen Harper announced the nomination of Mr. Justice Marshall Rothstein to the Supreme Court of Canada. February 22, 2006 The Consumer Price Index for January 2006 is now available. The 12-month change in the index rose 2.8%. Legal habits: A brief sartorial history of wig, robe and gown by Thomas Woodcock, traces the development of wigs, robes and gowns worn by judges and barristers. Especially interesting is the discussion concerning the nature and origin of the purse or wallet hanging on the back of barristers' gowns. February 21, 2006 Regulations Judicially Considered, a new resource for noting up regulations, is now available in the Regina and Saskatoon Libraries. This regulation citator is part of the Canadian Abridgment and lists references to international, federal, provincial and territorial regulations in Canadian judicial and selected tribunal decisions. Coverage is from January 1997 to September 2005. The latest Burney's Gadgets for Legal Pros column, The almost perfect laptop bag ... with accessories, reviews the Empire Builder and accessory organizers manufactured by Tom Bihn. February 20, 2006 Prime Minister Stephen Harper announced that the Ad Hoc Committee to Review a Nominee for the Supreme Court of Canada will publicly interview the next nominee to the Supreme Court of Canada. Congratulations to Anne M. Wallace, Q.C., a partner in Wallace Meschishnick Clackson Zawada in Saskatoon, who has been named the 2006 winner of the of the Canadian Bar Association’s Douglas Miller Award. The Douglas Miller Award recognizes a CBA member who demonstrates outstanding dedication and team spirit. The following regulations were published in the Saskatchewan Gazette, Part II, Vol. 102, No. 7, February 17, 2006:
February 17, 2006 The Law Reform Commission of Saskatchewan has released two new consultation papers:
February 16, 2006 The Alberta Court of Appeal has upheld a lower court decision that the province is not obligated to compensate homeowners who used untreated pine shakes which were rotted within 5 years of installation. The appellants claimed damages for the cost of replacing the roofs and for loss in value of their homes, alleging the Director of Building Standards breached a duty of care in issuing product listings which authorized the use of untreated pine shakes as a roof-covering material. The Court ruled that the proximate relationship between the Director and the homeowners is not analogous to that of a building inspector and a property owner. The decision to issue product listings are policy decisions. To recognize a duty of care in this situation would give rise to unlimited liability to an unlimited class. (Holtslag v. Alberta, 2006 ABCA 51) February 14, 2006 The Saskatchewan Court of Queen's Bench has ordered a new trial for a man acquitted on a summary conviction under section 253(b) of the Criminal Code. The maintenance record of the Alcotest 7410 screening device was called into question because it had not been sent in for its annual inspection as per the policy manual. The Honourable Justice D. Krueger ruled that the trial judge could have assigned more weight to the test result when considering the evidence as a whole to determine whether the charge had been proven beyond a reasonable doubt. (R. v. Beston, 2006 SKQB 4). February 13, 2006 The following regulations were published in the Saskatchewan Gazette, Part II, Vol. 102, No. 6, February 10, 2006:
Proposed amendments to the Federal Courts Rules were published in the Canada Gazette Part I, Vol. 140, No. 6, February 11, 2006. Saskatchewan Justice Minister Frank Quennell announced that the government has accepted the recommendations of the Provincial Court Commission and will adjust the salaries for provincial judges to meet national standards. The commission recommended that judges' salaries be set at $195,000 effective April 1, 2006. February 10, 2006 The Law Society of Saskatchewan, the Saskatchewan Real Estate Commission, the Saskatchewan Real Estate Association and the Superintendent of Real Estate have released a memorandum of understanding dealing with guidelines for lawyers trading in real estate in the course of their legal practice. The January/February 2006 issue of the National is now available online. This issue's cover article looks at the role Canadian lawyers are playing in China. February 9, 2006 The Canadian Human Rights Commission is now providing alternative dispute resolution Settlement Examples on its website. The summaries are organized under the prohibited grounds of discrimination and indicate whether the complaint deals with an employment situation or arose in the provision of service. February 8, 2006 An inquest into the death of Robert Timms will be held March 22 to 24, 2006 at the Regina Queen's Bench Courthouse. Mr. Timms died July 16, 2005 while an inmate at the Regina Correctional Centre. February 7, 2006 The British Columbia Law Institute and Canadian Centre for Elder Law Studies has released Report on reverse mortgages (CCELS Report No. 2, BCLI Report No. 41). This report looks at current practices and proposes enacting legislation which focuses on disclosure and related consumer protection measures so potential borrowers can better evaluate the advantages and disadvantages to using a reverse mortgage. Parliament has been summoned to meet on April 3, 2006. February 6, 2006 Saskatchewan Premier Lorne Calvert announced a realignment of the provincial Cabinet. The following regulation was published in the Saskatchewan Gazette, Part II, Vol. 102, No. 5, February 3, 2006:
February 3, 2006 The Saskatchewan Courts announced a new procedure of handling bail hearings on the weekends. Tel-Bail will be available between the hours of 1 p.m. and 5 p.m. on Saturday and Sunday when a Provincial Court Judge will be available to conduct bail hearings by telephone. February 2, 2006 The Commission of Inquiry into the Sponsorship Program and Advertising Activities has released its Restoring Accountability (Phase 2 of the Gomery Report). The Ontario Superior Court of Justice has ruled that a non-competition clause that disqualified former employees from working in a field in which they had acquired skills and knowledge went too far. Information and training provided by an employer that does not involve trade secrets or the employer's proprietary interests is beyond the reach of such a clause. (Sherwood Dash Inc. v. Woodview Products Inc. (2005 CanLII 45978 (ON S.C.)) February 1, 2006 The Film Employment Tax Credit Amendment Act, 2004, S.S. 2004, c. 57, is proclaimed into force effective February 1, 2006. The Public Legal Education Association of Saskatchewan (PLEA) has updated the following publications:
January 31, 2006 Immigration Law Update 2005, by Joshua Sohn, provides an overview of the major changes in immigration and citizenship policies that are currently in effect. Included in these changes are new policies regarding sponsorship of out-of -status spouses, parents and grandparents. This article also highlights recent case law on rights to appeal, medical inadmissability, serious criminality and membership in a terrorist group. The British Columbia Attorney General's office has posted Robert WIlliam Pickton Trial Information, including the indictment, information on publication bans, courtroom access, and information for the media. January 30, 2006 How to write an engagement letter: Get it In writing to avoid problems later, by Edward Poll, outlines essential information to be included in an engagement letter. Poll points out that special attention should be paid to a number of factors that affect client payment behavior, such as budgets, ancillary charges for services like photocopying, and expectations about communication with the client. This article is featured on CBA PracticeLink. The following regulations were published in the Saskatchewan Gazette, Part II, Vol. 102, No. 4, January 27, 2006:
January 26, 2006 The Ontario Court of Appeal has upheld the conviction and sentence of a man who failed to provide the "necessaries of life" for his elderly father. The court considered s. 215(1)(c) of the Criminal Code, RSC 1985, c. C-46, which discusses the meaning of the phrase "under his charge" when between an adult child and a parent. (R. v. Peterson, 2005 CanLII 37972) January 25, 2006 The Federal Court of Canada has ruled privacy-impinging measures, such as voice-print security technology, would be considered appropriate as long as the loss of privacy is weighed against the benefits of using such technology. Four employees had refused to take part in a voice-authentication program that Telus was implementing as a way to manage access to secure information. (Turner v. Telus, 2005 FC 1601) January 24, 2006 Plain language legal writing: Part III – Mastering modern legal correspondence, an article by Cheryl Stephens, provides a checklist for better letter writing. Stephens gives several examples of the difference between plain language and traditional "legal language" as well as how to break good or bad news. This article is featured on the CBA PracticeLink. January 23, 2006 The following regulations were published in the Saskatchewan Gazette, Part II, Vol. 102, No. 3, January 20, 2006:
The following regulation was published in the Saskatchewan Gazette, Part III, Vol. 102, No. 3, January 20, 2006:
January 20, 2006 The Saskatchewan Court of Appeal released its decision in
the appeals of Archie Moccasin and Mervin Night. In allowing the Crown’s
appeal to have the sentences increased, the Court found that a term of 3
years of imprisonment was appropriate in this case. Taking into account the
five months already served, sentences of 31 months imprisonment were imposed
on both Moccasin and Night. (R.
v. Moccasin, 2006 SKCA 5, January 20, 2006) January 18, 2006 The Consumer Price Index for December 2005 is now available. The 12-month change in the index rose slightly to 2.2%. January 17, 2006 West Coast Environmental Law has released an updated edition of Greening your title: A guide to best practices for conservation covenants, by Ann Hillyer and Judy Atkins. This guide outlines the laws, policies, regulations and recommended practices applicable to protection of private land through conservation covenants. Special focus is placed on issues arising from change in ownership, including owners who wish to challenge the provisions in the covenant; and particular types of provisions that are needed to accomplish specific protection objectives, such as promoting sustainable activities rather than restricting all activity on protected land. January 16, 2006 The Law Commission announced the release of A new homicide act for England and Wales? (Consultation paper No. 177). This paper reviews the elements of murder, including defences and partial defences, and the relationship between the law of murder and the law relating to homicide as it currently stands in the U.K. The law of murder: overseas comparative studies, a companion paper, is also available. It includes "Murder and related issues: an analysis of the law in Canada" by Winifred Holland. January 13, 2006 A corrected schedule for the 2006 sittings of the Saskatchewan Court of Appeal was published in the Saskatchewan Gazette, Part I, Vol. 102, No. 2, January 13, 2006. From the Canadian Bar Association PracticeLink: Distinguish your law firm by publishing an annual review: A practical guide to creating your own year-end report, by Janice Mucalov, describes the advantages to using an annual report as a marketing tool. This article features a section planning template and links to sample annual reports and a more in-depth article on considerations for preparing content: Preparing an annual report: how much information to disclose? What to spotlight? Examples of best and most effective reports, by Stephanie Goldstein. The following regulations were published in the Saskatchewan Gazette, Part II, Vol. 102, No. 2, January 13, 2006:
January 12, 2006 Law Society Library reference staff have received several questions about which parts of the Summary Offences Amendment Act, S.S. 2005, c. 42 (Bill 3) are currently in force. Here is a rundown on which sections are in force along with the CIF dates, and which sections are not yet proclaimed:
January 11, 2006 Nearly one-third of all cases before adult criminal courts in 2003/04 involved at least one offence against the administration of justice, such as breach of probation, unlawfully at large, or failure to appear. This type of offence was more often associated with property offences than crimes against the person. According to Offences against the administration of justice 1994/95 to 2003/04, a Juristat release from the Canadian Centre for Justice Statistics, the conviction rates varied with the severity of the offence, however the incarceration rate for offences against the administration of justice was higher than that for offences overall. January 10, 2006 ArticleFinder, an online scientific, technical and medical (STM) database provides free access to abstracts from over 54,000 journals. Ideal for more technical research, this database is natural language, Boolean or keyword searchable and the articles are available for purchase. A sample search combining for "disability", "whiplash" and "insurance" retrieved 13 abstracts, including an article from Pain Research and Management which refutes the validity of the minor impact soft tissue (MIST) concept. January 9, 2006 Saskatchewan Justice has released a consultation paper on proposed changes to the Residential Tenancies Act. Comments and suggestions will be accepted until February 10, 2006. The Canadian Bar Association is sponsoring a variety of upcoming Continuing Legal Education programs. Topics planned include an online conference on conflicts of interest, and conferences on elder law and aboriginal law. The following regulation was published in the Saskatchewan Gazette, Part II, Vol. 102, No. 1, January 6, 2006:
January 6, 2006 The Manitoba Court of Queen's Bench has ordered that a plaintiff requesting long-term disability benefits for depression undergo an independent psychiatric examination as to her current psychological condition and not her ability to work. Master Sharp found that the plaintiff failed to prove that such an examination would be intrusive or an abuse of process. (Therrien-Hansen v. Sun Life Assurance Co., 2005 MBQB 247.) January 5, 2006 Corporate governance: Advising the board, an article by Stephen D. Holmes, discusses the challenges legal counsel face when advising a board of directors. Holmes focusses on how to minimize the potential liabilities that board members face. January 4, 2006 In a matter concerning the redevelopment of brownfield sites, the British Columbia Court of Appeal has upheld a lower court's ruling that the City of Vancouver did not have the right to require an Off-Site Soils Agreement (OSA) as a condition to granting a development permit, forcing the developer to take on a greater liability for soil contamination and its subsequent clean-up. The lower court ruling stated that the powers in relation to development permits, including conditions attached to them, will be exercised only for reasons connected to the appropriateness and impact of the proposed development. The Court of Appeal agreed, stating that the City was not an authority for the remediation of environmental contamination per se, just the development of the land. (Imperial Oil Ltd. v. City of Vancouver, 2005 BCSC 387, and 2005 BCCA 402) January 3, 2006 The Apiaries Act, 2005, S.S. 2005, c. A-22.01, is proclaimed into force effective December 30, 2005. The Provincial Court Amendment Act, 2005, S.S. 2005, c. 2, is proclaimed into force effective January 1, 2006. The following sections of the Securities Amendment Act, 2004, S.S. 2004, c. 28, are proclaimed into force effective January 1, 2006:
The Small Claims Amendment Act, 2005, S.S. 2005, c. 29, is proclaimed into force effective January 1, 2006. The following sections of the Summary Offences Procedure Amendment Act, 2005, S.S. 2005, c. 42, are proclaimed into force effective January 1, 2006:
The following regulations were published in the Saskatchewan Gazette, Part II, Vol. 101, No. 52, December 30, 2005:
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