News Archives 2008

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December 30, 2008

The minimum age of employment in Saskatchewan will be  lowered to 15 beginning January 1,  2009. There are restrictions on the type of employment and the number of hours that can be worked in a week.

December 22, 2008

The following regulations were published in the Saskatchewan Gazette, Part II, Vol. 104, No. 51, December 19, 2008:

  • A-4.01 Reg 1 The Active Families Benefit Regulations
  • SR-118/2008 The Saskatchewan Income Plan Amendment Regulations, 2008
  • SR 119/2008 The Freedom of Information and Protection of Privacy Amendment Regulations, 2008
  • SR 120/2008 The Local Authority Freedom of Information and Protection of Privacy Amendment Regulations, 2008
  • SR 121/2008 The Boiler and Pressure Vessel Amendment Regulations, 2008 (No. 2)
  • SR 122/2008 The Film Employment Tax Credit Amendment Regulations, 2008 (No. 2)

December 19, 2008

The Information Services Corporation (ISC) of Saskatchewan has implemented the following enhancements to the Land Registry effective December 13, 2008:

  • All locks will now be displayed on title; 
  • Pre-59 title searches will be automated (no more manual conversion tables); 
  • the mineral commodity search error has been resolved; 
  • Writ Registry searches will now include middle name; 
  • the "orphaned postponements" issue has been resolved; and 
  • title numbers will be included in account statements for all search types.

For more detailed information on each of these Land Registry search enhancements, please visit the ISC website.

December 18, 2008

The Law Society of Saskatchewan, at its December Convocation, elected Karl Bazin, Q.C. as President and Eileen Libby as Vice President for the upcoming 2009 year. For more information, please see the Law Society of Saskatchewan News Release.

The Tsawwassen First Nation Final Agreement Act, S.C. 2008, c. 32 (except s. 19, 31 and 32 which came into force on assent) is proclaimed into force, effective April 03, 2009 (P.C. 2008-1910).

A notice to the subscribers of Martin's Annual Criminal Code, 2009 is now available online from Canada Law Book

December 16, 2008

Information Services Corporation (ISC) is reducing the ad valorem rate for a number of Land Registry transactions, effective January 12, 2009. The following specific transactions in the Land Registry will see a reduction in fees from 0.3% of title value to 0.1% of title value:

The first instance of raising title from surface to condominium status; 
Title and parcel consolidations and subdivisions where at least one owner remains the same before and after the transaction; and
Adding or removing a joint tenant from title, where at least one joint tenant remains the same before and after the transaction.
For additional information on these fee reductions, please view the ISC's news release or visit the ISC website.

December 15, 2008

The following regulations were published in The Saskatchewan Gazette, Part II, Vol. 104, No. 50, December 12, 2008:

  • G-5.11 Reg 1 The Graduate Retention Program Regulations

Sections 5 and 6 of the Residential Tenancies Amendment Act, 2007, S.S. 2008, c. 34 are proclaimed into force, effective December 12, 2008.

The Freehold Oil and Gas Production Tax Amendment Act, 2007, S.S. 2008, c. 26 (whole act) is proclaimed into force, effective January 1, 2009.

The Crown Minerals Amendment Act, 2007, S.S. 2008, c. 23 (whole act) is proclaimed into force, effective January 1, 2009.

Sections 105, 114(5) and 115 of the Regional Health Services Act, S.S. 2002, c. R-8.2 are proclaimed into force, effective December 15, 2008.

December 12, 2008

The Law Society of Saskatchewan Hearing Committee released a decision in the discipline matter of Kim Alan Stinson on Friday, December 12, 2008.

December 11, 2008

The Canada Gazette, Vol. 142, No 25 contains a number of amended regulations including the following:

  • Canadian Forces Superannuation Regulations and the Reserve Force Pension Plan Regulations - Regulations Amending, SOR/2008-307
  • Gun Shows Regulations - Regulations Amending, SOR/2008-298
  • Tax Court of Canada Rules (General Procedure) - Rules Amending, SOR/2008-303
  • Tax Court of Canada Rules (Informal Procedure) - Rules Amending, SOR/2008-302
  • Tax Court of Canada Rules of Procedure respecting the Canada Pension Plan - Rules Amending, SOR/2008-305
  • Tax Court of Canada Rules of Procedure Respecting the Customs Act (Informal Procedure) - Rules Amending, SOR/2008-299
  • Tax Court of Canada Rules of Procedure respecting the Employment, SOR/2008-304
  • Tax Court of Canada Rules of Procedure Respecting the Excise Tax Act, SOR/2008-300

Tax Court of Canada Rules of Procedure Respecting the Excise Tax Act, 2001 (Informal Procedure) - Rules Amending, SOR/2008-301

December 10, 2008

Sections 28 to 30, 32 and 33 of An Act to amend the Judges Act and certain other Acts in relation to courts, S.S. 2006, c. 11 are proclaimed into force, effective December 10, 2008.

December 8, 2008

The Law Society of Saskatchewan Hearing Committee released a decision in the discipline matter of William Zion Brown on Monday, December 8, 2008.

December 5, 2008

The Canada Gazette, EXTRA Vol. 142, No 6 contains:

  • Proclamation Proroguing Parliament to January 26, 2009 SI/2008-144
  • Proclamation Summoning Parliament to Meet January 26, 2009 SI/2008-145

December 2, 2008

Saskatchewan Legal Education Society Inc. (SKLESI) is pleased to announce the launch of its new website: www.sasklegal.ca. The new website features online registration for CLE Seminars and information about the CPLED Program. A Publications Catalogue is also coming soon!

December 1, 2008

The following regulations were published in The Saskatchewan Gazette, Part II, Vol. 104, No. 48, November 28, 2008:

  • SR 116/2008 The Short-term Cattle Loan Program Amendment Regulations, 2008
  • SR 117/2008 The Short-term Hog Loan Amendment Regulations, 2008

November 28, 2008

The Canadian Judicial Council (CJC) has approved two new protocols for use of technology in civil litigation. The National Model Practice Direction For the Use of Technology in Civil Litigation (PDF) and National Generic Protocol for use with the National Model Practice Direction For the Use of Technology in Civil Litigation (PDF) are both available on the CJC website.

November 27, 2008

The Law Society of Saskatchewan Hearing Committee will conduct a sentencing hearing re William Zion Brown on Thursday, December 4, 2008.

In Fraser v. Ontario Attorney General (2008 ONCA 760), the Ontario Court of Appeal has provided Charter of Rights protection for the right of farm workers to bargain collectively. For further commentary and reference, please see Farm workers' inability to bargain violates Charter: OCA by Thomas Claridge in the latest edition of The Lawyers Weekly online.

November 26, 2008

The Canada Gazette, Vol. 142, No 24 contains a number of amended regulations including the following:

  • Canadian Chicken Marketing Quota Regulations - Regulations Amending Farm Products Agencies Act SOR/2008-296
  • Canadian Egg Marketing Levies Order - Order Amending Farm Products Agencies Act SOR/2008-297

Proclamation Summoning Parliament to Meet on November 18, 2008 (DISPATCH OF BUSINESS) Other Than Statutory Authority SI/2008-138

November 25, 2008

The Law Society of Saskatchewan Hearing Committee will conduct a sentencing hearing re Kim Alan Stinson on Friday, December 5, 2008.

November 24, 2008

The following regulations were published in The Saskatchewan Gazette, Part II, Vol. 104, No. 47, November 21, 2008:

  • F-13.4 Reg 31 The Crown-acquired Lease Royalty Exemption Regulations
  • SR 111/2008 The Crown Oil and Gas Royalty Amendment Regulations, 2008
  • SR 112/2008 The Freehold Oil and Gas Production Tax Amendment Regulations, 2008
  • SR 113/2008 The Weyburn Unit CO2 Crown Oil Royalty Amendment Regulations, 2008
  • SR 114/2008 The Weyburn Unit CO2 Freehold Oil Production Tax Amendment Regulations, 2008
  • SR 115/2008 The Milk Control Amendment Regulations, 2008 (No.11)

November 19, 2008

There are a few copies of Martin's Annual Criminal Code (2009 edition) still available from the Law Society's bulk purchase program. To order a copy, please contact the Law Society Library at 569-8020 or 1-877-989-4999.

November 18, 2008

The Law Society of Saskatchewan requires applicants for Students at Law to possess a "Canadian common law degree" but there is no uniform definition of what this term means or should mean. A committee of the Federation of Law Societies has recently published a Consultation Paper attempting to provide some parameters for legal education. The profession is invited to direct comments to reception@lawsociety.sk.ca.

Sections 3 of the Miscellaneous Statutes Repeal (Regulatory Reform) Act, 2004, S.S. 2004, c. 61 is proclaimed into force, effective November 15, 2008.

The following regulations were published in The Saskatchewan Gazette, Part II, Vol. 104, No. 46, November 14, 2008:

  • SR 104/2008 The Enterprise Saskatchewan Amendment Regulations, 2008
  • SR 105/2008 The Ministry of Finance Amendment Regulations, 2008
  • SR 106/2008 The Ministry of Enterprise and Innovation Repeal Regulations
  • SR 109/2008 The Occupational Health and Safety Amendment Regulations, 2008 (No. 2)

The following regulations were published in The Saskatchewan Gazette, Part III, Vol. 104, No. 46, November 14, 2008:

  • SR 107/2008 The Provincial Lands Amendment Regulations, 2008 (No. 3)
  • SR 108/2008 The Hearing Aid Repeal Regulations

November 12, 2008

An Act to amend The Consumer Protection Amendment Act, S.S. 2008, c. 4 (whole act) is proclaimed into force, effective November 10, 2008.

The following regulations were published in The Saskatchewan Gazette, Part II, Vol. 104, No. 45, November 7, 2008:

  • SR 101/2008 The Driver Licensing and Suspension Amendment Regulations, 2008 
  • SR 102/2008 The Treaty Land Entitlement Withdrawal Amendment Regulations, 2008 
  • SR 103/2008 The Milk Control Amendment Regulations, 2008 (No.10)
  • SR 110/2008 The Consumer Protection Amendment Regulations, 2008

November 10, 2008

The Client Identification Rules scheduled to go into effect on December 1, 2008 have been postponed until further notice to develop educational tools for the assistance of the members. The draft Rules were placed on the Website in mid-September 2008.

November 6, 2008

The Office of the Saskatchewan Information and Privacy Commissioner has released its Report F-2008-002 (Ministry of Justice and Attorney General).

November 5, 2008

The Law Society is seeking a volunteer to serve as Law Society Appointee on the Law Foundation effective December 31, 2008. Please send your expression of interest, along with practice information and a current curriculum vitae to the Law Society at reception@lawsociety.sk.ca on or before November 20, 2008.

In recognition of the contribution of lawyers in Saskatchewan to supporting access to justice for persons of limited means, Pro Bono Law Saskatchewan and the Law Society of Saskatchewan have established an annual award to recognize outstanding pro bono service. The Award will be presented annually during the Law Society of Saskatchewan Annual General Meeting. Deadline for nominations is April 30.

Using the Nomination Form, please provide a summary of the nominee's pro bono service detailing why the nominee is deserving of this Award. Every nomination must be supported by the signatures of three members in good standing of the Law Society of Saskatchewan. Completed Nominations should be submitted to:

Pro Bono Law Saskatchewan
1100 - 2002 Victoria Avenue
Regina, Saskatchewan
S4P 0R7
F: (306) 352-2989
E: info@pblsask.ca

November 4, 2008

The following regulations were published in The Saskatchewan Gazette, Part II, Vol. 104, No. 44, October 31, 2008:

  • F-8.001 Reg 36 The Gopher Control Rebate Regulations
  • SR 99/2008 The Mineral Exploration Tax Credit Amendment Regulations, 2008
  • SR 100/2008 The Training Allowance Amendment Regulations, 2008 (No. 2)

October 31, 2008

We are pleased to announce that A Century of Integrity: the Law Society of Saskatchewan 1907 to 2007 by Iain Mentiplay, Q.C. was nominated for a Saskatchewan Book Award. It did not make the shortlist, however, it is an honour to have been considered for the nomination.

A limited number of copies remain at the reduced price of $60.00 (plus GST; and shipping, if applicable) and can be purchased by sending in a completed Order Form along with payment to the Law Society office or by contacting Liz Lynchuk at llynchuk@lawsociety.sk.ca or 569-8242. For your convenience, we accept VISA, MasterCard, cheque or money order.

October 30, 2008

The Canada Gazette, Vol. 142, No 22 contains a number of amended regulations including the following:

  • Canada Deposit Insurance Corporation Deposit Insurance Policy By-law - By-law Amending Canada Deposit Insurance Corporation Act, SOR/2008-293
  • Canada Deposit Insurance Corporation Prescribed Practices Premium Surcharge By-law - By-law Amending Canada Deposit Insurance Corporation Act, SOR/2008-294
  • Radiocommunication Act (subsection 4(1) and paragraph 9(1)(b)) Exemption Order (Security, Safety and International Relations), No. 2008-1, SOR/2008-292

October 29, 2008

The Law Society of Saskatchewan Hearing Committee will conduct a hearing re Kim Alan Stinson on Wednesday, November 19, 2008.

On November 7 and 8 University of Saskatchewan College of Law, The Native Law Centre, and the Johnson Shoyama Graduate School of Public Policy are hosting "Aboriginal Government: Giving Effect to Our Constitutional Commitments" at the College of Law. Speakers include Frances Abele, John Borrows, James Tully, Senator Charlie Watt, Shawn Atleo and Kiera Ladner. Conference fee is $250.00 ($30.00 for students). Please go to the conference website to register, for information about the speakers and for the detailed program.

Members of the Law Society are invited to the Conference Dinner at 7 pm. in the Battleford Ballroom, Hotel Delta Bessborough in Saskatoon. The speaker will be Professor John Borrows of the Faculty of Law, University of Victoria, Canada's most innovative Aboriginal law scholar, who will speak on SEVEN GENERATIONS, SEVEN TEACHINGS. Tickets - $45.00. Please e-mail native.law@usask.ca  or phone 306 966 6189 to order tickets.

October 28, 2008

The Law Society of Saskatchewan Hearing Committee released a decision in the discipline matter of Russell M. Peet on Monday, October 27, 2008.

The Administration of Estates Amendment Act, 2008 comes into force on November 1, 2008. The amendments repeal each of The Devolution of Real Property Act and The Crown Administration of Estates Act, and recast the still relevant provisions of each within The Administration of Estates Act. Portions of The Trustee Act dealing exclusively with executors and administrators are also included in The Administration of Estates Act. The small estate limits are increased to $15,000 for assistance from the local registrar pursuant to section 7, and $25,000 for small estates considered pursuant to section 9 of The Administration of Estates Act.

On November 3 the University of Saskatchewan College Lecture will feature the Hon. Mr. Justice James MacPherson (Ont. Court of Appeal) on "The intersection of law and politics: same sex marriage through the ages and around the world" at  12:00 pm in the U of S College of Law, MacPherson Leslie & Tyerman Lecture Theatre, Room 150.

The Law Society of Saskatchewan is entitled to propose up to seven nominees for the designation of Queen's Counsel. The designation is made by the Minister of Justice through a selection process that includes consultation with the Law Society, the Canadian Bar Association and the Courts. Prerequisite qualifications for the Law Society's nominees include demonstrated superior legal ability, proof of good character and integrity, and practice in the Superior Courts. Further qualifications include contributions as a legal professional to the community, contributions to the community generally, and contributions to the legal profession. The Law Society will also take into account considerations of gender, diversity and geography. The deadline for nominations is November 3rd, 2008. The nomination form is available on the Law Society website.

October 27, 2008

The following regulations were published in The Saskatchewan Gazette, Part II, Vol. 104, No. 43, October 24, 2008:

  • N-5.1 Reg 16 The Northern Revenue Sharing Capital Grants Regulations
  • SR 91/2008 The Securities Commission (Adoption of National Instruments) Amendment Regulations, 2008 (No. 8)
  • SR 92/2008 The Bison Breeder Associations Loan Guarantee Amendment Regulations, 2008
  • SR 93/2008 The Bison Feeder Associations Loan Guarantee Amendment Regulations, 2008
  • SR 94/2008 The Saskatchewan Canola Development Plan Amendment Regulations, 2008
  • SR 95/2008 The Sheep Breeder Associations Loan Guarantee Amendment Regulations, 2008
  • SR 96/2008 The Sheep Feeder Associations Loan Guarantee Amendment Regulations, 2008
  • SR 97/2008 The Administration of Estates Amendment Regulations, 2008
  • RS 97/2008 Règlement de 2008 modifiant le Règlement sur l'administration des successions
  • SR 98/2008 The Northern Municipalities Revenue Sharing Program Amendment Regulations, 2008

October 24, 2008

Mr. Edward D. Bayda, Q.C., LL.D., retired Chief Justice of Saskatchewan, will be one of eight citizens to receive the Saskatchewan Order of Merit in a ceremony on November 19, 2008 in Regina.

October 21, 2008

The Discipline Committee of the Law Society of Saskatchewan will conduct a hearing re Russell Milton Peet on Monday, October 27, 2008.

The Federal Court of Appeal and the Federal Court are now beginning their recruitment process for law clerks for the 2010-2011 term.  Forty-three positions are available.  Applications will automatically be considered for both Courts unless indicated otherwise.  Application deadline is January 30, 2009.

If you would like to place a job posting, attend a career fair or have any questions about Career Services at the College of Law, please contact Terri Karpish, Student Services Officer at 966-1924 or terri.karpish@usask.ca.

October 20, 2008

The following regulations were published in the Saskatchewan Gazette, Part II, Vol. 104, No. 42, October 17, 2008:

  • S-34 Reg 6 The Saskatchewan Telecommunications Fees Regulations
  • SR 88/2008 The Farm and Ranch Water Infrastructure Program Amendment Regulations, 2008
  • SR 89/2008 The Saskatchewan Medical Care Insurance Payment Amendment Regulations, 2008 (No. 4)
  • SR 90/2008 The Ministry of Justice and Attorney General Amendment Regulations, 2008

October 17, 2008

The Law Commission of Ontario (LCO) has delivered the Final Recommendations of its Division of Pensions on Marital Breakdown Study to the Ministry of the Attorney General. The recommendations and a Consultation Paper can be viewed at the LCO website.

October 15, 2008

The Vital Statistics Administration Transfer Act, S.S. 2008, c. V-7.3 (whole act) is proclaimed into force, effective October 12, 2008.

October 10, 2008

Court Security has released the following announcement for Regina Lawyers.

In the near future the controlled access system at the West doors of the Victoria Avenue Court House will be activated, and the key access removed. After hours access to the Court House and the Law Library will be available through the use of a magnetic swipe, rather than the existing door keys.

We would ask that all of the firms and individuals anticipating the need for a key or keys to please contact Court Security at Regina Provincial Court, 787-9670. We will make arrangements for registration and assignment of keys as required.

We will not be converting to the new system until we are satisfied that we can do so without interfering with appropriate access to the Court House

October 9, 2008

The October 2008 issue of LAWPRO Magazine is now available for download (PDF, 269KB). The new issue is dedicated to the 2009 insurance program, featuring articles on changes to the program, insurance for lawyers in private practice, real estate practice coverage, exempt lawyers, and a test for your exposure to claims.

October 7, 2008

There are still a few spots available in Saskatchewan Legal Education Society's Trial Advocacy Workshop, November 20 - 22, 2008 in Regina. Whether you are an articling student, a junior lawyer or senior practitioner, you will have the opportunity to enhance your advocacy skills with the help of our faculty of trial judges and accomplished courtroom practitioners. This workshop will not be offered next year so do not miss out! Please fax your registration form to (306) 653-7585. If you did not receive a registration form in the mail, please call SKLESI at (306) 653-7580.

The Law Society of Saskatchewan has disbarred Michael D. Nolin as of October 3, 2008 for conduct unbecoming of a lawyer. (Notice of Disbarment) (Order of Disbarment

October 6, 2008

In its fall term, the Supreme Court of Canada will hear many novel civil cases, taking on issues ranging from religious freedoms to the privacy of garbage. For more information, please see the feature in this week's Lawyers Weekly.

October 3, 2008

The theme of this year's Saskatchewan Trial Lawyers Association (STLA) Fall Conference is "Technology Solutions to Improve your Law Practice & Courtroom Presentation." The event will be held Friday, October 24 at the Radisson Plaza Hotel Saskatchewan in Regina. A program agenda and registration form are available on the STLA website.

October 2, 2008

Today for the first time most British judges will appear in court bare-headed.  For additional comments see Simon Fodden's Wigging Out on slaw.ca.

October 1, 2008

The Saskatchewan Court of Queen's Bench  released its decision on the change of venue application in the case of  R. v. Dagenais, 2008 SKQB 396.

Several legal organizations, including the Canadian Bar Association (CBA) and the Barreau du Québec, are calling the Canadian government to bring Omar Khadr back into Canadian custody from Guantanamo Bay. For more information, see the CBA's news release, a statement by Marie Laure Leclercq of the CBA Québec Division, and remarks by CBA President Berbard Amyot to the Committee of Foreign Affairs and International Development.

September 30, 2008

A notice to the subscribers of Martin's Annual Criminal Code, 2009 is now available online from Canada Law Book.

The Canadian Intellectual Property Office (CIPO) has launched a new international filing e-service called PCT e-Filing. This product will assist patent applicants in using the World Intellectual Property Office (WIPO)'s PCT-Safe software to prepare an international application, and facilitate online fee payments. For for information, see CIPO's news release.

September 29, 2008

The following regulations were published in the Saskatchewan Gazette, Part II, Vol. 104, No. 39, September 26, 2008:

  • SR-83/2008 The Milk Control Amendment Regulations, 2008 (No. 9)
  • SR-85/2008 The Saskatchewan Flax Development Plan Amendment Regulations, 2008
  • SR-86/2008 The Film Employment Tax Credit Amendment Regulations, 2008
  • SR-86/2008 The Historic Sites Amendment Regulations, 2008

The following regulations were published in The Saskatchewan Gazette, Part III, Vol. 104, No. 39, September 26, 2008:

  • SR 84/2008 The Provincial Lands Amendment Regulations, 2008 (No. 2)

September 26, 2008

The Commission of Inquiry into the Wrongful Conviction of David Milgaard has released its final report. The commission found no wrongdoing on the part of the Saskatoon Police, the RCMP, or the legal counsel for the Crown or defense. The report can be ordered in hard copy or viewed online at the commission's web site.

The Ontario Superior Court has delivered the first major decision under Canada's new anti-terrorism legislation. Judge John Sproat found a 20-year old man guilty of belonging to a home-grown terror cell. For more details, see articles in the Toronto Star, the Toronto Sun, the Globe and Mail, or the Vancouver Sun.

September 24, 2008

The Canadian Insolvency Foundation is calling for applicants for the fourth annual Lloyd Houlden Research Fellowship. This is a $20,000 award "to support research for a paper that addresses current issues in Canadian insolvency policy and practice." The application form is available at the CAIRP webpage. Deadline for applications is November 3, 2008. Further comments can be read at slaw.ca.

September 23, 2008

A five-person Canadian Judicial Council (CJC) Inquiry Committee reserved judgment this month in an inquiry into the conduct of Ontario Superior Court Justice Paul Cosgrove in his handling of R. v. Elliott. Further comments can be read in the Lawyers Weekly.

September 19, 2008

The Office of the Saskatchewan Information and Privacy Commissioner has released its Review Report H-2008-002 (Dr. Val Mary Harding, Harding Psychological Services, Lebell & Associates).

September 17, 2008

The Law Society Discipline Committee has scheduled the Sentencing Hearing for Michael D. Nolin for October 3, 2008 in Saskatoon.

The Government of Saskatchewan is now posting Orders in Council on their website, dating back to November 2007. For more information, see the government news release.

The Canada Gazette, Vol. 142, No 19 contains a number of amended regulations and other statutory instruments including the following:

  • Canada Occupational Health and Safety Regulations - Regulations Amending Canada Labour Code SOR/2008-276
  • Division of Judges' Annuity Benefits - Regulations Judges Act SOR/2008-252
  • Employment Insurance Regulations - Regulations Amending Employment Insurance Act SOR/2008-257
  • First Nations Land Registry Regulations - Regulations Amending First Nations Land Management Act SOR/2008-263
  • Motor Vehicle Safety Regulations (Introduction of Technical Standards Documents Nos. 110 and 120) and Motor Vehicle Tire Safety Regulations, 1995 - Regulations Amending Motor Vehicle Safety Act, SOR/2008-258
  • Onshore Pipeline Regulations, 1999 - Regulations Amending National Energy Board Act, SOR/2008-269

September 16, 2008

This is the final chance to give comments regarding the proposed mandatory professional development program. The deadline for comments has been extended to September 25th. Please respond to Ron Kruzeniski at ron.kruzeniski@gov.sk.ca. Further details can be found in the planning document.

On December 1, 2008, the Law Society of Saskatchewan will proclaim its new Client Identification Rules. The new Rules require all lawyers to gather, verify and retain specific information on each client. The draft Rules and a memorandum of frequently asked questions are posted on the website and should be reviewed by every lawyer. The Law Society, will also provide further educational opportunities through the Canadian Centre for Professional Legal Education (CPLED) prior to the implementation date on December 1, 2008.

September 15, 2008

The American Bar Association (ABA)'s Standing Committee on Ethics and Professional Responsibility has issued a formal opinion regarding legal outsourcing. According to the committee, "A lawyer may outsource legal or nonlegal support services provided the lawyer remains ultimately responsible for rendering competent legal services to the client." Further comments may be read in the ABA's related news release, or in the latest issue of Lawyers Weekly.

September 12, 2008

The Canadian Bar Association has released its Guidelines for Practicing Ethically with New Information Technologies to supplement its Code of Professional Conduct. The Guidelines "recommend best practices in the use of information technologies." Read Omar Ha-Redeye's comments at slaw.ca.

September 10, 2008

The Canadian Human Rights Tribunal has published their 2007 Annual Report.  The Tribunal's website also has decisions and rulings from 1979 to date.

September 9, 2008

The final version of the Spousal Support Advisory Guidelines by Carol Rogerson and Rollie Thompson is available on the federal Department of Justice website. The authors have also written a User's Guide that offers practical advice and cross-references to leading cases.  The guidelines were developed to bring more certainty and predictability to the determination of spousal support under the federal Divorce Act. The informal guidelines have not been legislated by the federal government and will operate on an advisory basis only.

September 8, 2008

The following regulations were published in The Saskatchewan Gazette, Part II, Vol. 104, No. 36, September 5, 2008:

  • SR 74/2008 The Education Amendment Regulations, 2008 (No. 2) 
  • SR 75/2008 The Traffic Safety Court of Saskatchewan Amendment Regulations, 2008
  • RS 75/2008 Règlement de 2008 modifiant le Règlement sur le Tribunal de la sécurité routière de la Saskatchewan
  • SR 76/2008 The Skills Training Benefit Amendment Regulations, 2008 
  • SR 77/2008 The Training Programs Amendment Regulations, 2008
  • SR 78/2008 The Amusement Ride Safety Amendment Regulations, 2008
  • SR 79/2008 The Boiler and Pressure Vessel Amendment Regulations, 2008
  • SR 80/2008 The Passenger and Freight Elevator Amendment Regulations, 2008
  • SR 81/2008 The Recreation Sites Amendment Regulations, 2008
  • SR 82/2008 The Securities Commission (Adoption of National Instruments) Amendment Regulations, 2008 (No. 7)

September 4, 2008

The Canada Gazette, Extra Vol. 142, No 3 contains a number of amended regulations including the following:

  • Sex Offender Information Registration Regulations (Canadian Forces) SOR/2008-247
  • Order Fixing September 12, 2008 as the Date of the Coming into Force of the Act Other Than Sections 51 and 52 SI/2008-93

September 3, 2008

The Paramedics Act, S.S. 2007, c. P-0.1, is proclaimed in force, effective September 01, 2008, except Section 54 which came into force May 17, 2007.

The Saskatchewan Association of School Business Officials Repeal Act, S.S. 2008, c. 22, is proclaimed in force, effective September 01, 2008.

The Canada Gazette, Vol. 142, No 18 contains a number of amended regulations including the following:

  • Regulations Amending the Canadian Chicken Marketing Quota Regulations - SOR/2008-245 - Amends limits for the marketing and production of chicken 
  • British Columbia Vegetable Marketing Levies Order  SOR/2008-244 - establishes levies for the production and marketing of vegetables in British Columbia

September 2, 2008

On September 26 the ADR Institute of Saskatchewan is holding their Conference and Annual Meeting in Saskatoon. The theme of this year's conference is Dialogue on Dispute Resolutions: Opportunities and Challenges. Members who attend this one-day conference will be eligible for one loss prevention credit. Please contact Joanne at the Law Society office for details at 569-8242.

The following regulations were published in the Saskatchewan Gazette, Part II, Vol. 104, No. 35, August 29, 2008:

  • SR-72/2008 The Securities Commission (Adoption of National Instruments) Amendment Regulations, 2008 (no. 6)
  • SR-73/2008 The Milk Control Amendment Regulations, 2008 (no. 8)

August 29, 2008

An Act to amend the National Defence Act, the Criminal Code, the Sex Offender Information Registration Act and the Criminal Records Act, S.C. 2007. c.5, is proclaimed in force, except for sections 51 and 52, effective September 12, 2008.

A reminder that the Benchers are seeking further comments from members on the proposed mandatory professional development program. The planning document poses specific questions for review. Please direct your thoughts and/or comments in this second phase of consultation to Ron Kruzeniski at ron.kruzeniski@gov.sk.ca by September 15, 2008.

Criminal Intelligence Service Canada (CISC) has released its 2008 Report on Organized Crime. The report "provides a national overview of common techniques and methods used by criminal groups, as well as the criminal markets where they are most active." For more information, view the CISC's News Release on the report.

August 28, 2008

The Canada Gazette, Vol. 142, No 2, Extra contains the following amended regulation:

  • Regulations Amending the Certain Ruminants and Their Products Importation Prohibition Regulations, No. 2 SOR/2008-246, including Regulatory Impact Analysis Statement - This amendment will help protect Canadian livestock from BSE. 

August 27, 2008

The latest issue of the Alberta Law Review features presentations from the Law Society of Alberta's 100th Anniversary Conference, held in October of last year. The conference focused on four main areas: Diversity and Demographics, Access to Legal Services, Professional Competence, and Regulation and the Legal Profession. Articles on all of these topics can be read in Volume 45, No. 5 of the Review, available in the Regina and Saskatoon Law Society of Saskatchewan Libraries.

August 26, 2008

The cheque clearing system in Canada is changing and your financial institution (FI) will be notifying you that original cashed cheques will no longer be returned with monthly bank statements (trust and/or general accounts). Instead, original cashed cheques will be destroyed and replaced by digital images. Please see the Law Society's Announcement on Cheque Imaging - Members' Responsibility. See also "Cheque Imaging by Financial Institutions - Members' Responsibility" on home page for further information and a listing of member/firm responsibilities.

The Law Society of Saskatchewan is calling for nominations for Queen's Counsel. The designation of Queen's Counsel is made by the Minister of Justice through a selection process that includes consultation with the Law Society of Saskatchewan, the Canadian Bar Association and the Courts. A nomination form is available on the Law Society website. The deadline for nominations is November 3rd, 2008.

August 25, 2008

Binnie calls for social responsibility, an article in the latest online issue of The Lawyers Weekly by Cristin Schmitz, discusses Supreme Court Justice Binnie's suggestions for new legislation to enforce international human rights treaties.

Also in the new issue of The Lawyers Weekly, Christopher Guly summarizes Eugene Meehan's Ways to win in the Supreme Court of Canada.

August 22, 2008

In an effort to harmonize the law concerning powers of attorney in the four Western provinces, The Western Canada Law Reform Agencies has produced a report entitled "Enduring Powers of Attorney: Areas for Reform" (PDF). Additional comments can be read at slaw.ca.

August 21, 2008

On behalf of all our members, the Law Society of Saskatchewan Libraries has negotiated an online subscription to the Canadian Family Law Guide, a comprehensive resource on family law legislation, case law, and commentary, including a daily News Tracker and the bimonthly Canadian Family Law Matters newsletter. The Guide is now available to all Saskatchewan Law Society Members through our Members Page.

Alberta leads the way in justice reform, an article in the upcoming issue of Lawyers Weekly by Christopher Guly, discusses how Alberta is providing a "test bed" for nation-wide access-to-justice initiatives.

August 20, 2008

The Canada Gazette, Vol. 142, No 17 contains a number of amended regulations and other statutory instruments including the following:

  • Order Amending the Domestic Substances List  SOR/2008-242
  • Order Amending the Ontario Hog Charges (Interprovincial and Export) Order SOR/2008-243
  • Order Fixing August 10, 2008 as the Date of the Coming into Force of  An Act to Amend the Museums Act and to Make Consequential Amendments to other Acts SI/2008-92
  • Exemption Order No. 1, 1997 (Sending of Notices and Documents) (Repealed) SI/2008-91 (Canada Business Corporations Act)

Erratum: Canada Gazette, Part II, Vol. 132, No. 2, January 21, 1998 SOR/98-49 (NAFTA Marking Determination, Re-determination and Further Re-determination Regulations)

August 19, 2008

The CBA Task Force on Conflicts of Interest has released its Final Report and a Conflicts of Interest Toolkit for lawyers. According to the CBA's accompanying news release, the report makes 21 recommendations to help lawyers across the country who are facing potential conflicts of interest. Further comments can be read in New CBA President Guy Joubert to make conflicts of interest, rule of law two of his priorities.

The CBA has also launched at this year's Canadian Legal Conference its Pro Bono Mentorship Program. For more information see CBA's Pro Bono Program Helps Lawyers Provide Legal Services to the Public.

August 18, 2008

The office of the Privacy Commissioner of Canada is now hosting Legal Corner, a resource page for the legal profession and public on the Personal Information Protection and Electronic Documents Act (PIPEDA) and the Privacy Act. Comments on the site by Omar Ha-Redeye are posted at slaw.ca.

The Government of Saskatchewan has posted an update on Security Enhancements in Saskatchewan Courts concerning new perimeter security screening to be implemented in Prince Albert today and in Regina and Saskatoon in the following weeks.

August 15, 2008

The Law Society of Saskatchewan has suspended Garret Oledzki effective August 15, 2008 until further notice.

The Supreme Court of Canada August 14, 2008 news release included 13 applications for leave dismissed and 1 applications for leave granted.

August 14, 2008

In order to facilitate access to the Court of Appeal in criminal matters the Court has introduced a pilot project to hear criminal appeals from the Prince Albert Penitentiary by videoconference.

August 13, 2008

The Discipline Committee of the Law Society of Saskatchewan will conduct a hearing re Michael D. Nolin on August 28, 2008. 

MPs clash over vetting Supreme Court court candidates, an article in The Canadian Press, discusses the response of some opposition MPs to a government decision to name two cabinet members to an advisory panel that will vet Supreme Court candidates. This and several other Canadian legal stories, can be viewed at the Law Times website.

August 12, 2008

A CBA task force will release a report on lawyer conflict rules at the Canadian Bar Association's Annual Meeting on August 16. Coverage of the report is featured in the August 15, 2008 issue of The Lawyers Weekly in 'Overly rigid' conflict rules need reform, says CBA report by Cristin Schmitz.

August 11, 2008

The following regulations were published in The Saskatchewan Gazette, Part II, Vol. 104, No. 32, August 8, 2008:

  • E-0.2 Reg 18 The 2007-2008 School Grant Regulations
  • E-10.01 Reg The Enterprise Saskatchewan Regulations
  • SR 61/2008 The Child Care Amendment Regulations, 2008
  • SR 62/2008 The Members of the Legislative Assembly Superannuation Repeal Regulations
  • SR 63/2008 The Saskatchewan Pension Annuity Fund Amendment Regulations, 2008
  • SR 64/2008 / RS 64/2008 The Vital Statistics Amendment Regulations, 2008 / Règlement de 2008 modifiant le Règlement sur les services de l'état civil
  • SR 65/2008 The Disability Housing Supplement Amendment Regulations, 2008
  • SR 66/200 The Rental Housing Supplement Amendment Regulations, 2008
  • SR 68/2008 The Summary Offences Procedure Amendment Regulations, 2008 (No.2)
  • SR 69/2008 The Training Allowance Amendment Regulations, 2008
  • SR 70/2008 The Public Employees Pension Plan Amendment Regulations, 2008
  • SR 71/2008 The Superannuation Acts Uniform Amendment Regulations, 2008

The following regulations were published in The Saskatchewan Gazette, Part III, Vol. 104, No. 32, August 8, 2008:

  • SR 67/2008 The Saskatchewan Assistance Amendment Regulations, 2008

August 8, 2008

As a result of a survey of users conducted earlier this year, CanLII has made the following improvements:

  • A new search screen called "Database search" allowing the user to search any combination of databases
  • A blog to communicate efficiently with users regarding developments, assistance and events
  • A more easily accessible link to the PDF format of cases for printing and filing
  • An easier to locate Noteup function
  • A clearer description of the coverage of case law databases
  • Search tips that are fast and easy to consult
  • Improved layout of documents in some legislative databases
  • The addition of more administrative tribunal decisions

August 7, 2008

The Business Law Section of the American Bar Association maintains a Legal Opinion Resource Centre to provide access to reports and other materials useful in opinion practice.

The $51.5 million Regina Provincial Correctional Centre was officially opened on August 6, 2008.  The new facility replaces the wing of the Correctional Centre built in 1913.

August 6, 2008

The Canadian Environmental Assessment Agency is seeking public comments on its proposal to add the International Boundary Waters Treaty Act (IBWTA) to the Law List Regulations and the Inclusion List Regulations of the Canadian Environmental Assessment Act.  Under the IBWTA, a license granted by Foreign Affairs and International Trade Canada is necessary when a project in Canada may alter the level of flow of waters on the United States' side of the border. These regulatory changes would introduce IBWTA licenses as 'triggers' for environmental assessment under the Act. Public comments received by September 1, 2008, will be considered when preparing the regulations for final approval by Treasury Board.  The proposed regulations are available for consultation in the Canada Gazette, Part I, V. 142 No. 31, p. 2344.

August 5, 2008

The Member Search database is now available on the Law Society of Saskatchewan website. The database provides the practicing status, admission date to the Law Society, and the gender of practicing members along with the firm/organization and directory information. Email addresses are not provided. The database contains current practicing and non-practicing members of the Law Society and does not contain disqualified or suspended members, articling students, law students or former members. Senior Life Members and retired members may or may not appear in the database depending on their practicing status. The database is updated weekly. Please see the scope note of the Member Search database for more information. Links to the Member Search database are available on the Law Society website's front page, in the Members' section, on the Databases page and the Lawyer Regulation page.

The Saskatchewan Information and Privacy Commissioner has issued a news release on enhanced drivers' licences.

August 1, 2008

The Benchers have approved a proposed mandatory professional development program and are seeking further input from members before finalizing the program. The planning document poses specific questions for review. Please direct your thoughts and/or comments in this second phase of consultation to Ron Kruzeniski at ron.kruzeniski@gov.sk.ca by September 15, 2008.

An Act to amend the Canada Marine Act, the Canada Transportation Act, the Pilotage Act and other Acts in consequence, S.C. 2008, c. 21, is proclaimed in force, except for section 64, effective August 01, 2008.

Sections 146 and 147 of the Budget Implementation Act, 2008, S.C. 2008, c. 28, are proclaimed in force, effective August 05, 2008.

July 30, 2008

All ISC offices will be closed on Friday, August 1 and Monday, August 4, 2008.

In compliance with the Western Hemisphere Travel Initiative, which takes effect in the United States on June 1, 2009, Saskatchewan residents will be able to purchase from Saskatchewan Government Insurance an enhanced driver's licence or identification card for cross-border travel to the United States. These cards will be available in 2009.

July 29, 2008

The Enterprise Saskatchewan Act, S.S. 2008, c. E-10.01 is proclaimed into force, effective July 29, 2008.

Section 3 of The Parks Amendment Act, 2008, S.S. 2008, c. 19 is proclaimed into force, effective July 29, 2008.

July 28, 2008

ISC has announced that it will be eliminating the $10 Land Registry and Plan Processing transaction submission fees and the $3 Plan List search fee, effective August 11, 2008.

The following regulations were published in The Saskatchewan Gazette, Part II, Vol. 104, No. 30, July 25, 2008:

  • SR 59/2008 The Securities Commission (Adoption of National Instruments) Amendment Regulations, 2008 (No. 5)
  • SR 60/2008 The Milk Control Amendment Regulations, 2008 (No.7)

July 25, 2008

The Canadian Judicial Council released its report, National Model Practice Direction for the Use of Technology in Civil Litigation.  The report provides guidance with respect to handling a paperless trial.

July 23, 2008

The Consumer Price Index rose 3.1% in the 12-months ending June 2008.

The Canada Gazette, Vol. 142, No 15 contains a number of amended regulations including the following:

  • Rules Amending the Bankruptcy and Insolvency General Rules, SOR/2008-223
    Canada Grains Regulations, SOR/2008-219
  • Canadian Wheat Board Regulations, SOR/2008-224

July 21, 2008

The English Reports, Full Reprint  (1220-1865) in searchable PDF format are available on HeinOnline.  This service can be found  in the member's section.   To access the English Reports, click on the link "Select Library" located in the menu line at the top of the home page and choose the English Reports from the drop down menu. 

July 17, 2008

The Law Society of Saskatchewan Hearing Committee released a decision in the discipline matter of Victoria Elliott-Erickson on Thursday, July 10, 2008.

July 16, 2008

A recent article on CBA PracticeLink discusses options to facilitate retirement of partners in a  law firm. (Making a Graceful Exit: Transitioning Key Clients to the Next Generation by Edward Poll)

July 15, 2008

The Saskatchewan Court of Appeal released its decision in the appeal, Shore Gold Inc. v. Walker, 2008 SKCA 90.

July 14, 2008

The following regulations were published in The Saskatchewan Gazette, Part II, Vol. 104, No. 28, July 11, 2008:

  • G-5.1 Reg. 148 The Saskatchewan Infrastructure Growth Initiative Program Regulations
  • SR 58/2008 The Education Amendment Regulations, 2008

The following regulations were published in The Saskatchewan Gazette, Part III, Vol. 104, No. 28, July 11, 2008:

  • SR 58.2008 The Provincial Lands Amendment Regulations, 2008

July 10, 2008

The Office of the Saskatchewan Information and Privacy Commissioner released its Annual Report for 2007-2008.

A notice to the subscribers of Martin's Annual Criminal Code, 2008 is now available online from Canada Law Book.

July 8, 2008

Sections 1, 43, 55, 57, 60 to 62, 67, 88 and 107 of the Wage Earner Protection Program Act, S.C. 2005, c. 47, are proclaimed into force, effective July 7, 2008 (P.C. 2008-1316).

Sections 1(5 ) to 1(7) of An Act to amend the Bankruptcy and Insolvency Act, the Companies Creditors Arrangement Act, the Wage Earner Protection Program Act and chapter 47 of the Statutes of Canada, 2005, S.C. 2007, c. 36, are proclaimed into force, effective July 7, 2008 (P.C. 2008-1316).

July 7, 2008

The Canadian Judicial Council released a report on reforms to improve Canadians' access to justice. (Access to Justice: Report on Selected Reform Initiatives in Canada)

July 3, 2008

The Stuart Eisner Memorial Bursary was established to assist a student from rural Saskatchewan attend law school.  The 2007-08 recipient of the bursary is Jackie Oliver. Mr. Oliver grew up on a grain and cattle farm 12 miles northeast of Wynyard. Mr. Oliver attended school in Wynyard and played hockey there as well.  He graduated from high school in 1999 and attended his first year of university at St. Peter's College in Muenster.  He completed his B.A. in Political Studies in 2003 .  He attended the College of Law this past  year as a first year student.  Our congratulations to Mr. Jackie Oliver.

Just a reminder that there is still time to register for the Stuart Eisner Memorial Golf Tournament, the proceeds of which help to fund the bursary.  The tournament is being held on July 18, 2008.  Information is located on the website under the Stuart Eisner Memorial Bursary.

July 2, 2008

Sections 18-27, 55, 59 and 60 of the Tackling Violent Crime Act (An Act to amend the Criminal Code and to make consequential amendments to other Acts), S.C. 2008, c. 6 are proclaimed into force on July 2, 2008. The sections introduce a new regime for the detection and investigation of drug-impaired driving. (SI/2008-0034)

The victim surcharge fines collected on provincial offences under The Victims of Crime Act, S.S. 1995, c. V-6.011 increased effective July 1, 2008.  Where the fine imposed is $500 or less, the surcharge will be increased by $10. Where the fine imposed is greater than $500, the surcharge will be increased by 10 per cent.

The following regulations were published in The Saskatchewan Gazette, Part II, Vol. 104, No. 26, June 27, 2008:

  • F-13.4 Reg 38 The Insurance Premiums Tax (Mutual Insurance Companies - Non-farm Property) Exemption and Remission Regulations
  • SR 52/2008 The Milk Control Amendment Regulations, 2008 (No.6)
  • SR 53/2008 The Prescription Drugs Amendment Regulations, 2008
  • SR 54/2008 The Victims of Crime Amendment Regulations, 2008
  • RS 54/2008 Règlement de 2008 modifiant le Règlement de 1997 sur les victimes d'actes criminels
  • SR 55/2008 The Crown Corporations Amendment Regulations, 2008
  • SR 56/2008 The Members of the Executive Council Expense Amendment Regulations, 2008

June 27, 2008

The Law Society Administration Office and the Libraries will be closed on Monday, June 30 and Tuesday, July 1.  Happy Canada Day!

The Education Amendment Act, 2008, S.S. 2008, c. 11 (Bill 29) is proclaimed into force, effective June 27, 2008.

The Highways and Transportation Amendment Act, 2008, S.S. 2008, c. 12 (Bill 17) is proclaimed into force, effective June 27, 2008.

June 25, 2008

The latest issue of the CBA National, June 2008 is now available online.  The issue has stories on professionalism, transitioning clients from retiring partners, self-represented litigants in family court, international trade and online collaboration with clients.

June 24, 2008

An act to amend the Judges Act, S.C. 2008, c. 26 (Bill C-31) which received Royal Assent on June 18, 2008 authorizes the appointment of 20 new judges for provincial and territorial superior trial courts. Six of the judges will be appointed to the new Specific Claims Tribunal established under the Specific Claims Tribunal Act, S.C. 2008, c. 22 (Bill C-30) to resolve First Nations' specific claims.

June 23, 2008

The following regulations were published in The Saskatchewan Gazette, Part II, Vol. 104, No. 25, June 20, 2008:

  • E-6.3 Reg 10 The Canadian Electrical Code (Adoption) Regulations, 2008
  • F-8.001 Reg 35 The Farm and Ranch Water Infrastructure Program Regulations
  • SR 37/2008 The Education Property Tax Credit Amendment Regulations, 2008
  • SR 38/2008 The Information Technology Office Service Amendment Regulations, 2008
  • SR 39/3008 The Canada-Saskatchewan Specified Risk Material Management Program Amendment Regulations, 2008
  • SR 40/2008 The Health Facilities Licensing Amendment Regulations, 2008
  • SR 42/2008 The Transitional Employment Allowance Amendment Regulations, 2008
  • SR 43/2008 The Court Officials Amendment Regulations, 2008
  • SR 44/2008 The Queen's Bench Amendment Regulations, 2008
  • RS 44/2008 Règlement de 2008 modifiant le Règlement sur la Cour du Banc de la Reine 
  • SR 45/2008 The Electrical Inspection Amendment Regulations, 2008
  • SR 46/2008 The Gas Inspection Amendment Regulations, 2008
  • SR 47/2008 The Provincial Disaster Assistance Program Amendment Regulations, 2008
  • SR 48/2008 The Parks Amendment Regulations, 2008
  • SR 49/2008 The Rural Municipalities Revenue Sharing Amendment Regulations, 2008
  • SR 50/2008 The Urban Municipalities Revenue Sharing Amendment Regulations, 2008
  • SR 51/2008 The Securities Commission (Adoption of National Instruments) Amendment Regulations, 2008 (No. 4)

The following regulations were published in The Saskatchewan Gazette, Part III, Vol. 104, No. 25, June 20, 2008:

  • SR 41/2008 The Saskatchewan Assistance Plan Supplementary Health Benefits Amendment Regulations, 2008

Pro Bono Law Saskatchewan (PBLS) launched their website at the Law Society's Annual General Meeting in Saskatoon on June 19, 2008.  PBLS is a non-profit corporation that improves access to justice in Saskatchewan by creating, facilitating, and promoting opportunities for lawyers to provide high-quality pro bono (free) legal services to persons of limited means.  The website provides information about PBLS, lists pro bono programs available in Saskatchewan and highlights the ongoing efforts to promote opportunities for pro bono legal services in Saskatchewan.

The Government of Saskatchewan has announced it will spend $1.8 million to complete detailed planning and design work for an addition to the Court of Queen's Bench court house in Saskatoon to provide improved security and space for the Saskatoon Family Law Division.

June 19, 2008

The Court of Appeal has dismissed an application by Larry Hartwig, Brad Senger and the Saskatoon City Police Association to quash the key findings made by the Commissioner appointed to investigate the death of Neil Stonechild.

The application was to the effect that the Commissioner had acted both outside his terms of reference and unconstitutionally by making what amounted to findings of civil and/or criminal liability. Messrs. Hartwig, Senger and the Association also contended the Commissioner had made several unsustainable findings of fact.

The Court rejected each of their arguments. It said the Commissioner had quite properly been appointed to conduct an inquiry aimed at investigating possible police misconduct and restoring public confidence in the Saskatoon Police Service. The Commissioner acted both within the scope of his terms of reference and in compliance with the constitutional restrictions applicable to the work of public inquiries. Moreover, his findings of fact were not unreasonable and, as a result, could not be overturned. The Court emphasized that the Commissioner did not, and could not, make any determination of civil or criminal liability.

(Case summary provided by the Court of Appeal)  Hartwig v. Commission of Inquiry into matters relating to the death of Neil Stonechild, 2008 SKCA 81.

June 18, 2008

The following regulations were published in The Saskatchewan Gazette, Part II, Vol. 104, No. 24, June 13, 2008:

  • E-6.3 Reg 11 The Canadian Electrical Code (Saskatchewan Amendments) Regulations, 2008
  • SR 36/2008 The Special-care Homes Rates Amendment Regulations, 2008

June 17, 2008

The Canadian Human Rights Commission recently published an article, Human Rights Issues in National Security: An inventory of Agency Considerations, which examines how national security agencies are directed by legislation to consider and report human rights issues.

June 16, 2008

The Discipline Committee of the Law Society of Saskatchewan will conduct a hearing re Victoria Elliott-Erickson on Wednesday, June 25, 2008.

The Nunavik  Inuit Land Claims Agreement Act, S.C. 2008, c. 2, is proclaimed into force, effective July 10, 2008 (P.C. 2008-1066).

Sections 7, 8, 18 to 21.1, 29, 35, 37 to 40, 42 and 44 of An Act to amend the Criminal Code (criminal procedure, language of the accused, sentencing and other amendments), S.C. 2008, c. 18, are proclaimed into force, effective October 1, 2008 (P.C. 2008-1065).

June 13, 2008

Bill C-61 An Act to amend the Copyright Act received first reading in the House of Commons on June 12, 2008. Follow the progress of the bill, major speeches in Parliament and departmental background documents on the Parliament of Canada LEGISinfo website.

June 12, 2008

Today is the 10th anniversary of the Law Society of Saskatchewan website. The website was officially launched on June 12, 1998 at the Law Society Annual Meeting in Moose Jaw.

June 10, 2008

New on CBA PracticeLink:  The Complex Conundrum of Cash and Lawyer Compensation with Edward Poll (11 minute podcast).

Statistics Canada recently released these reports:

  • Adult Correctional Services in Canada 2005/2006
  • Hate crime in Canada 2006

June 9, 2008

Sections 2 to 5 of An Act to amend the Canada Labour Code, the Canada Student Financial Assistance Act, the Canada Student Loans Act and the Public Service Employment Act, S.C. 2008, c. 15 are proclaimed into force, effective June 13, 2008 (P.C. 2008-1006).

Section 17(2) of An Act to amend the Canada Pension Plan and the Old Age Security Act, S.C. 2007, c. 11 are proclaimed into force, effective July 1, 2008 (P.C. 2008-1019).

Sections 136 and 137 of the Budget and Economic Statement Implementation Act, 2007, S.C. 2007, c. 35 are proclaimed into force, effective December 1, 2008 (P.C. 2008-1004).

June 6, 2008

The Law Society of Saskatchewan has issued an advisory regarding Rule 909, the "No Cash Rule".  There is also an article in the September 2005 issue of the Benchers' Digest providing background information.

June 5, 2008

A reminder that the Benchers have approved a plan to consider mandatory professional development. The Chair of the Subcommittee, Ron Kruzeniski, Q.C. is seeking opinions, suggestions, advice or concerns from members and others to consider in the planning process. Members can email Ron at Ron.Kruzeniski@gov.sk.ca by June 12, 2008.

June 4, 2008

The Privacy Commissioner of Canada tabled the 2007 Annual Report on the Personal Information Protection and Electronic Documents Act on June 3, 2008.  The report suggests that data breaches are occurring because companies ignore basic steps to protect personal information.  The Privacy Commissioner has published Leading by Example: Key Developments in the First Seven Years of the Personal Information Protection and Electronic Documents Act (PIPEDA). The online book is a guide for businesses in the development and application of their own privacy practices through the experience of others. Topics covered include the increasing surveillance phenomenon, trans-border data flows, the prevalence of data breaches, and the proliferation of using information collected for secondary marketing purposes.

June 3, 2008

The Minister of Justice and Attorney General of Canada announced the selection process to fill the vacancy at the Supreme Court of Canada as a result of the departure of the Honourable Mr. Justice Michel Bastarache.

June 2, 2008

Sections 3(a), 3(b), 3(c), 3(d), 3(f), 4, 7, 22, 25, 28(g) and 28(l) of The Alcohol and Gaming Regulation Amendment Act, 2002 (No.2), S.S. 2002, c. 42 are proclaimed into force, effective June 1, 2008.

The portion of section 3(a) that adds the definition for "gaming regulator", section 3(b), 4, 15 to 22, 24(a), 24(b), 24(d), 26(1), 26(3) and 26(4) of The Alcohol and Gaming Regulation Amendment Act, 2005, S.S. 2005, c. 3 are proclaimed into force, effective June 1, 2008.

The whole act, other than section 5, of An Act to amend the Food and Drugs Act, S.C. 2005, c. 42, is proclaimed into force, effective June 16, 2008 (P.C. 2008-980).

The following regulations were published in The Saskatchewan Gazette, Part II, Vol. 104, No. 22, May 30, 2008:

SR 34/2008 The Milk Control Amendment Regulations, 2008 (No. 5)

SR 35/2008 The Captive Wildlife Amendment Regulations, 2008

May 30, 2008

The Government of Saskatchewan has announced that the inquest into the death of Delbert Kenneth Pelletier which was scheduled to be held June 2 to 6, 2008, has been postponed to a date to be determined.  Mr. Pelletier, aged 44 years, died November 13, 2006, on the Muskowekwan First Nation.

May 28, 2008

A new website called A Nation's Chronicle: The Canada Gazette will provide keyword searching of the complete text of 160 years of the Canada Gazette. The site is published by Library and Archives Canada, in co-operation with the Canada Gazette Directorate, Public Works and Government of Services Canada, and currently contains:

Part I - 1983-1997
Part II - 1950-1976, 1983-1997
Part III - 1985-1997
The remaining issues will be added by 2009. Current Canada Gazette from 1998 to date are available on the Canada Gazette Directorate website.

May 27, 2008

New on LLRX.com: The Government Domain: Plain Language in Government Communications by Peggy Garvin, looks at the movement for using plain language in federal government documents in the United States. The article includes links to the PlainLanguage.gov website that offers guidelines, before-and-after comparisons and links to other plain language online resources.

May 26, 2008

The April/May 2008 issue of The National is available on the Canadian Bar Association website. The cover story looks at the future of the solo law practice.

Information Services Corporation of Saskatchewan (ISC) has announced that Online Submission (OLS) is now available for virtually all types of Land Registry transactions including interest assignments, interest amendments, writ and maintenance order registrations, estate transactions, including transfer to surviving joint tenants and transmission on death or bankruptcy, alternate authority, mineral parcel transforms, and mineral commodity splits.

May 23, 2008

The Canadian Association of Law Libraries / Association canadienne des bibliothèques de droit (CALL/ACBD) is holding its annual conference in Saskatoon from May 25-28, 2008.  Law librarians from across Canada who work in court libraries, law firms, law schools, Attorney General and Justice libraries will attend as well as invited guests from the United States, the United Kingdom, Ireland and Australia.  The 2008 conference theme "The Sky's the Limit / Entre ciel et terre, tout est possible" captures the scope of topics to be addressed:

Legal issues of biotechnology, patent law and the rights of producers and consumers raised by Monsanto v. Schmeiser
Effect of Web 2.0 technology on delivery of services in law libraries
Insider's view of public inquiries
Access to electronic court records vs. the right to privacy
Library staff from the Regina and Saskatoon libraries will be attending this conference. As a result, library service will be reduced on May 26-28, 2008. Please direct your inquiries to the Regina Library at 569-8020 or 1-877-989-4999.

May 22, 2008

The Benchers have approved a plan to consider mandatory professional development. The Chair of the Subcommittee, Ron Kruzeniski, Q.C. is seeking opinions, suggestions, advice or concerns from members and others to consider in the planning process. Members can email Ron at Ron.Kruzeniski@gov.sk.ca by June 12, 2008.

The Law Society of Saskatchewan Hearing Committee has released an interim decision in the discipline matter of Joseph Albert Angus.  Susan Rault has filed a notice of appeal with the Court of Appeal, appealing the sentence of the Discipline Committee on April 18, 2008.

May 21, 2008

It's "knucks" time again!  It's time to dust off the clubs and grease up the elbows for the 5th annual Stuart Eisner Memorial Golf Tournament.  The fund raiser is a month earlier, so note the date:  July 18, 2008 at the Willows Golf & Country Club, Saskatoon.  Deadline for registration is June 30, 2008.


May 20, 2008

Sections 48(1), (2), (4) and (5), s. 50 to 56, 58 to 66, 69 to 74, 129, 232 and 439 of An Act to amend the law governing financial institutions and to provide for related and consequential matters, S.C. 2007, c. 6 are proclaimed in force, effective May 19, 2008.

May 16, 2008

An inquest into the death of Delbert Kenneth Pelletier will be held June 2 to 6, 2008, at 8:30 a.m. at the Bingo Hall on the Muskowekwan First Nation.  Mr. Pelletier, aged 44 years, died November 13, 2006, on the Muskowekwan First Nation.

An inquest into the death of Tyrone Starblanket will be held June 9 and 10, 2008, at 10 a.m. at the Prince Albert Queen's Bench Courthouse, 1800 Central Avenue.  Mr. Starblanket, aged 20 years, died March 12, 2007, at Victoria Hospital, Prince Albert.

May 15, 2008

The Public Service Essential Services Act (Bill 5) was passed on May 14, 2008.  "Essential services" are defined in section 2(c) of the act:

(i) with respect to services provided by a public employer other than the Government of Saskatchewan, services that are necessary to enable a public employer to prevent:

(A) danger to life, health or safety;
(B) the destruction or serious deterioration of machinery, equipment or premises;
(C) serious environmental damage; or
(D) disruption of any of the courts of Saskatchewan; and

(ii) with respect to services provided by the Government of Saskatchewan, services that:

(A) meet the criteria set out in subclause (i); and
(B) are prescribed;

May 14, 2008

The Saskatchewan Court of Appeal dismissed Trevis Smith's appeal from his conviction on two counts of aggravated sexual assault contrary to section 273(2)(b) of the Criminal Code.  Trevis Smith was convicted of having unprotected sexual intercourse while not disclosing to two complainants that he was HIV-positive (thereby endangering their lives). In November 2003, Trevis Smith was informed by the Public Health Authority that he tested HIV-positive and he received personal counseling regarding the importance of safe sex practices.  In this appeal, Smith contended that Bellerose P.C.J. violated two of his fundamental rights: the right to be presumed innocent and the right to remain silent.The evidence of both complainants was contradicted by evidence presented by the defence.

In respect of complainant A, Smith denied that any sexual relations occurred after he learned he was HIV - positive. The Court of Appeal rejected Smith's argument that the trial judge must always first consider the evidence of the accused and conclude whether the accused is believed or if not believed whether the evidence raises a reasonable doubt before considering the totality of the evidence and that the failure to do so violated Smith's right to provide full answer and defence. The Court of Appeal dismissed this argument and held that it is not the order in which the testimony of witnesses is considered, but the method of consideration that determines whether or not the trial judge should have been satisfied of the accused's guilt beyond a reasonable doubt. Bellerose P.C.J. carefully reviewed the evidence and gave reasons why he concluded that he did not believe Smith. The trial judge believed the evidence of complainant A. The Court of Appeal held this conclusion was supported by the evidence and there was sufficient evidence to find Smith guilty of the offence of aggravated sexual assault.

In respect of complainant B, the argument was that there were many contradictions between her evidence and the defence evidence. Smith said he had protected sexual relations with complainant B but complainant B testified to the contrary. Smith contended that the trial judge subjected the defence evidence to a different standard of scrutiny thus reversing the burden of proof and further, the trial judge used Smith's failure to disclose information to the public health nurse and to the police against him in his assessment of credibility and thereby violated his right to remain silent. The Court of Appeal held that Bellerose P.C.J. extensively reviewed all the evidence in detail and concluded that he found Smith was not to be believed on the critical point in issue. Further, the trial judge explained at length why he believed complainant B. The non-disclosures by Smith were extensive and the non-disclosures were only one aspect considered by the trial judge in arriving at his conclusions on the issue of credibility.

The Court of Appeal held it was open to the trial judge to disbelieve Smith and to find the defence evidence did not raise a reasonable doubt. On the whole of the evidence, the conclusion of the trial judge to believe the evidence of the two complainants as the basis for the conviction on two counts of aggravated sexual assault was supported by the evidence and no error was identified. Accordingly, the appeal was dismissed. 

(Case summary provided by the Court of Appeal)  R. v. Smith, 2008 SKCA 61.

May 13, 2008

The University of Toronto Faculty of Law has published a report of the symposium on the Future of Administrative Justice held January 17-18, 2008.

May 12, 2008

The Canadian Human Rights Commission has published Questions and Answers about Section 13 (of the Canadian Human Rights Act).  Section 13 addresses communication of hate messages by telephone or on the Internet.

The following regulations were published in The Saskatchewan Gazette, Part II, Vol. 104, No. 19, May 9, 2008:

SR 31/2008 The Vehicle Weight and Dimension Amendment Regulations, 2008 
SR 32/2008 The Saskatchewan Insurance Amendment Regulations, 2008
SR 33/2008 The Saskatchewan Insurance Councils Amendment Regulations, 2008 
May 7, 2008

The Canadian Legal Information Institute (CanLII) announced recently that their website now contains 500,000 cases.  CanLII is a not-for-profit organization created by the Federation of Law Societies of Canada in 2000 to provide an integrated website for primary sources of law from all Canadian jurisdictions.  Other interesting CanLII statistics:

Largest database:  Court of Québec database with over 135,000 cases
Most cited decision:  R. v. W.(D.), 1991 CanLII 93 (S.C.C.) with 2,500 citations
Most visited database:  Ontario Superior Court of Justice
May 6, 2008

The schedule of Chambers sittings for the Court of Queen's Bench for Saskatchewan from June 30 - August 29, 2008, was published in The Saskatchewan Gazette, Part I, Vol. 104, No. 18, May 2, 2008 on page 838.

The following regulations were published in The Saskatchewan Gazette, Part II, Vol. 104, No. 18, May 2, 2008:

SR 27/2008 The Employment Supplement Amendment Regulations, 2008
SR 28/2008 The Milk Control Amendment Regulations, 2008 (No.4)
SR 29/2008 The Open Seasons Game Amendment Regulations, 2008
SR 30/2008 The Northern Municipalities General Regulations (No. 1) Amendment Regulations, 2008
May 5, 2008

Sections 306 and 207 of the Federal Accountability Act, S.C. 2006, c. 9 are proclaimed in force effective May 5, 2008 (P.C. 2008-830).

May 2, 2008

The Library of Parliament has published Controversial Canadian Claims over Arctic Waters and Maritime Zones. The report discusses the status of the Northwest Passage, the maritime delimitation in the Beaufort Sea, and the extent to which claims over an extended continental shelf by the various Arctic states may generate future controversies.

May 1, 2008

The Canadian Transportation Agency has ruled that Air Canada is liable for up to the maximum amount of liability provided by the Montreal Convention for lost items contained in checked baggage on international carriage.

April 30, 2008

The Canada Gazette Part II, vol. 149, no. 9 is now available.  It contains a number of regulations including one that amends the Canada Wheat Board Regulations.  The amendments set the initial payment to grain producers for wheat , amber durum wheat and barley.

April 29, 2008

The Federal Court of Canada issued a notice to the profession about the common list of authorities and released  volume 1 of the list for immigration refugee law.

New on CBA PracticeLink : Outsourcing is "In"...But Be Sure to Demonstrate Value by Edward Poll discusses outsourcing certain types of services in a law firm.

April 28, 2008

The Saskatchewan Human Rights Commission, the Saskatchewan Association for Community Living and the Canadian Association for Community Living present Human Rights and the Inclusion of Students with Disabilities, a forum on May 23-24, 2008 in Saskatoon.

April 24, 2008

The Law Society of Saskatchewan is occasionally required to appoint a Trustee to manage a practice when a lawyer is suspended, dies, becomes incapacitated or abandons the practice. The Law Society is accepting applications from lawyers/law firms to serve as Trustee. The deadline for applications is June 2, 2008.

New on LLRX.com:  Criminal Law Resources: Fingerprint Evidence Challenges by Ken Strutin, a selection of online resources in the United States on the reliability and admissibility of fingerprint evidence, including guides and standards.

April 23, 2008

The Government of Saskatchewan announced that the minimum wage will increase from $8.25 per hour to $8.60 per hour effective May 1, 2008.

The Library of Parliament published a study entitled Farm Size and Financial Health and Government Payments that analyzes government support to farm operations by various size criteria.

April 22, 2008

The Law Society of Saskatchewan has disbarred Susan Rault effective April 18, 2008.

The position of Northern Program Manager for victims services will be established in northern Saskatchewan. The Manager will work with and provide support to community-based organizations and the municipal police service, supervise two victim/witness services programs and develop new programs and services.

Sections 1 and 6 of An Act to amend the Canada Labour Code, the Canada Student Financial Assistance Act, the Canada Student Loans Act and the Public Service Employment Act, S.C. 2008, c. 15, are proclaimed in force, effective April 18, 2008 (P.C. 2008-791).

Sections 65 to 82, 84 to 88 and 89 to 98 of the Federal Accountability Act, S.C. 2006, c. 9, are proclaimed in force, effective July 2, 2008 (P.C. 2008-768).

Reasons are now available for the April 17, 2008 Supreme Court of Canada decision in R. v. Turningrobe, 2008 SCC 17 (criminal law - intoxication - charge to the jury).

April 21, 2008

The following regulations were published in The Saskatchewan Gazette, Part II, Vol. 104, No. 16, April 18, 2008:

SR 23/2008 The Beef Development Plan Amendment Regulations, 2008
SR 24/2008 The Coroners Amendment Regulations, 2008
SR 25/2008 The Automobile Accident Insurance (General)Amendment Regulations, 2008
SR 26/2008 The Traffic Safety Act Fees Amendment Regulations, 2008
April 18, 2008

The Government of Saskatchewan has given first reading to Bill 11 The Enforcement of Canadian Judgments Amendment Act, 2008 that would make it easier for police to enforce civil protection orders that originate in other provinces. The order would be enforced in the same manner as a local court order whether or not it had been registered in Saskatchewan.

April 17, 2008   Law Day

A list of law school graduates seeking articles in Saskatchewan is available on the Law Society website.

The Government of Saskatchewan has given first reading to Bill 30 The Statutes and Regulations Revision Act that would establish a statute revision committee.

April 16, 2008

The article "Chocolate, Copyright, Confusion: Intellectual Property and the Supreme Court of Canada" by David Vaver is published in the inaugural issue of the Osgoode Hall Review of Law and Policy, an online legal journal.

April 15, 2008

The following regulations were published in The Saskatchewan Gazette, Part II, Vol. 104, No. 15, April 11, 2008:

F-13.4 Reg 37 The Road-use Fuel Tax Accountability Regulations
S-42.2 Reg 7 The Securities Commission (Disclosure of Personal Information) Regulations, 2008
SR 19/2008 The Employment Program Amendment Regulations, 2008
SR 20/2008 The Police Amendment Regulations, 2008
SR 21/2008 The Milk Control Amendment Regulations, 2008 (No. 3)
SR 22/2008 The Legal Aid Amendment Regulations, 2008
April 14, 2008

Section 10 of the International Interests in Mobile Equipment (Aircraft Equipment) Act, S.C. 2005, c. 3 was proclaimed in force, effective April 14, 2008.

April 11, 2008

The Supreme Court of Canada April 11, 2008 news release included 1 decision, Société des Acadiens et Acadiennes du Nouveau-Brunswick Inc. v. Canada, 2008 SCC 15 (constitutional law - Charter of Rights - language rights - communications by public with New Brunswick institutions - RCMP)

April 10, 2008

The Supreme Court of Canada has announced that Mr. Justice Michel Bastarache will retire from the Court on June 30, 2008. Justice Bastarache was appointed to the Supreme Court of Canada in September 1997, after serving on the New Brunswick Court of Appeal.

April 9, 2008

A Consultation Report published by the Law Society of Upper Canada's Retention of Women in Private Practice Working Group identifies best practices to promote retention and advancement of women in the private practice of law.

April 8, 2008

Ted Tjaden has updated his Doing Legal Research in Canada guide on the LLRX.com website. The section Canadian Legal Research: By Topic lists key legislation and leading Canadian textbooks in each subject area.

April 7, 2008

The Law Society of Saskatchewan has suspended Mark DeMong effective April 1, 2008 until further notice.

Sections 9(1) and 9(2) of An Act to amend the Judges Act and certain other Acts in relation to courts, S.C. 2006, c. 11 are proclaimed into force, effective April 4, 2008.

The following regulations were published in The Saskatchewan Gazette, Part II, Vol. 104, No. 14, April 4, 2008:

SR 17/2008 The Securities Commission (Adoption of National Instruments) Amendment Regulations, 2008 (No. 2) 
SR 18/2008 The Securities Commission (Adoption of National Instruments) Amendment Regulations, 2008 (No. 3) 
April 4, 2008

The Law Society Discipline Committee has scheduled the Sentencing Hearing for Susan Rault for April 18, 2008 in Weyburn.

New on CBA PracticeLink:  The ABCs of SEO (Search Engine Optimization), by Sharon D. Nelson and John W. Simek, looks at design features that will ensure a law firm website gets noticed by the search engines.

April 3, 2008

The Canadian Bar Association Saskatchewan Branch will be celebrating Law Day, April 17, 2008, with three events:

A Law Day poster contest for Grade 5 students
April 12, 2008 - Eighth Annual McKercher Cup Mock Trial Competition for high school students
April 18, 2008 - A lunch in Saskatoon and a dinner in Regina, both featuring keynote speaker Edward L. Greenspan, Q.C.
April 2, 2008

Boaters who were born after April 1, 1983 and operate a motorized boat, or anyone who operates a motorized boat under 4 metres in length, will require proof of competency this boating season.  More information is available through the Office of Boating Safety at Transport Canada.

April 1, 2008

The Class Actions Amendment Act, 2007, S.S. 2007, c. 21 is proclaimed into force, effective April 1, 2008.
The Saskatchewan Gaming Corporation Amendment Act, 2007, S.S. 2007, c. 38 is proclaimed in force, effective April 1, 2008.

March 31, 2008

Law Society of Saskatchewan has received a voluntary undertaking not to practice from Michael D. Nolin.

The Office of the Saskatchewan Information and Privacy Commissioner has released its Review Report H-2008-001 (Saskatoon Regional Health Authority).

March 28, 2008

The Supreme Court of Canada Judgments database on CanLII has added 2,500 judgments from 1876 to 1985, including hundreds of the most cited decisions and all decisions that originated in Ontario. This digitization project was financed by the Law Foundation of Ontario.

March 27, 2008

Members of the Saskatchewan Bar are invited to participate in a study on civil rights in Special Care Homes in Saskatchewan. The study is being conducted by Doug Surtees, of the College of Law, University of Saskatchewan.

In the U.K., the House of Lords has launched a collaborative blog, Lords of the Blog, written by its Members to raise awareness and engage the public in the role and business of the House of Lords.

March 25, 2008

The Government of Saskatchewan has announced that the Vital Statistics Registry will move from the Ministry of Health to the Information Services Corporation (ISC).  The move will be completed by October 2008. The Vital Statistics Registry is a province-wide system for registering births, deaths, marriages and changes of name.

March 24, 2008

The Regina Domestic Violence Court had its first sitting on March 20, 2008. The Court will provide intensive support for victims and families as soon after the offence as possible, including referrals to existing counselling services, crisis intervention, ongoing information about the case, and an opportunity to participate in decisions affecting offenders. It will deal with offenders who enter a guilty plea to the charge of domestic violence and who accept responsibility for the incident. Those who enter a not guilty plea will be transferred to another court for trial. Two other domestic violence courts currently operate in Saskatchewan:  the Battlefords Domestic Violence Treatment Options Court in North Battleford and the Saskatoon Domestic Violence Court.

The following regulations were published in The Saskatchewan Gazette, Part II, Vol. 104, No. 12, March 20, 2008:

M-14.1 Reg 1 The Midwifery Regulations
SR 12/2008 The Cattle Breeder Associations Loan Guarantee Amendment Regulations, 2008
SR 13/2008 The Cattle Feeder Associations Loan Guarantee Amendment Regulations, 2008
SR 14/2008 The Saskatchewan Medical Care Insurance Payment Amendment Regulations, 2008
SR 15/2008 The Saskatchewan Medical Care Insurance Payment Amendment Regulations, 2008 (No. 2)
SR 16/2008 The Saskatchewan Medical Care Insurance Payment Amendment Regulations, 2008 (No. 3)
March 20, 2008

The Law Society of Saskatchewan Administrative Office and Libraries will be closed on Friday, March 21, 2008.

March 19, 2008

Saskatchewan Finance Minister Rod Gantefoer has tabled the 2008-09 Budget and supporting documents:

Budget Address
Budget Summary
Estimates
2008-09 Financial Highlights (Green Sheet) 
Amendments to the Court of Queen's Bench Rules of Court were published in The Saskatchewan Gazette, Part I, Vol. 104, No. 11, March 14, 2008. These amendments take effect on March 31, 2008. A new Practice Directive on Objections to Affidavit Evidence in Family Law Matters takes effect on April 1, 2008. The Practice Directive includes new forms "Notice of Objection to Affidavit Evidence" and "Response to Notice of Objection"..

March 18, 2008

The Saskatchewan Trial Lawyers Association announce their Spring Conference "Expert Witness Trial Advocacy College" to be held May 1-2, 2008 in Saskatoon.

March 17, 2008

Sections s. 25 to 31, that part of s. 32 that repeals s. 80 of The Securities Act, 1988 and s. 33 of The Securities Amendment Act, 2007, S.S. 2007, c. 41 are proclaimed into force, effective March 17, 2008.

The following regulations were published in The Saskatchewan Gazette, Part II, Vol. 104, No. 11, March 14, 2008:  

SR 10/2008 The Crop Insurance Amendment Regulations, 2008
SR 11/2008 The Assessment Appraisers Amendment Regulations, 2008
March 14, 2008

Sections 18 to 43, 47 and 49 of The Midwifery Act, S.S. 1999, c. M-14.1 are proclaimed into force, effective March 14, 2008.

Proposed amendments to The Consumer Protection Act, S.S. 1996, c. C-30.1 would protect consumers who purchase and use gift cards and gift certificates by prohibiting expiry dates or inactivity fees that reduce the value of a gift card. The Consumer Protection Amendment Act, 2008 (Bill 12) was introduced in the Saskatchewan Legislature on March 13, 2008.

The Regina Qu'Appelle Health Region is sponsoring the Competency and Decision Making Conference, April 3-4, 2008. The conference will address enduring powers of attorney, health care directives, property and personal guardianship, certificates of incompetence and financial abuse.

March 13, 2008

The United Nations Educational, Scientific and Cultural Organization (UNESCO) has created a Cultural Heritage Laws Database containing the national legislation for each state relating to cultural heritage, with links to import/export certificates, state authorities responsible for the protection of cultural heritage and official cultural heritage websites. Canadian legislation includes the Cultural Property Export Control List, C.R.C., c. 448, covering objects recovered from the soil or waters of Canada; ethnographic, military or scientific objects; decorative and fine art; manuscripts, sound recordings and musical instruments.

March 12, 2008

The largest fine ever for violation of The Outfitter and Guide Regulations, 2004 was assessed in the case of R. v. Wolfe, 2008 SKPC 25. The accused was fined $175,000 for outfitting without a licence and hunting out of season.

The March 2008 issue of The National is available on the Canadian Bar Association website. The cover story outlines the 12 e-discovery principles published by Sedona Canada in their final report.

March 11, 2008

The Office of the Saskatchewan Information and Privacy Commissioner has released its Review Report F-2008-001 (Saskatchewan Corrections and Public Safety).

The article "Lump Sum Spousal Support: A Review of the Case Law and Circumstances in Which It is Ordered" by Harold Niman and Christine Dobby reviews Ontario case law under section 15.2(1) of the Divorce Act. The article is published in (2008) 34 Advocates' Quarterly 115.

March 10, 2008

A video-conferencing system has been installed at the Prince Albert Provincial Court as part of a larger video-link between the northern communities of La Loche, La Ronge, Meadow Lake and Pelican Narrows.

The Government of Saskatchewan has announced the new chair of the Saskatchewan Government insurance Board of Directors.

The Government of Canada has announced that owners of breeding livestock in certain areas of southern Saskatchewan who were forced to sell all or part of their herd in 2007 due to drought conditions will be eligible for a one-year tax deferral on 2007 income from these sales.

Sections 9, 24, 49, 67, 68, 111, 147, 160, 197, 316, 343, 358, 386 to 391 and 409 to 412 of An Act to amend the law governing financial institutions and to provide for related and consequential matters, S.C. 2007, c. 6, are proclaimed in force, effective March 8, 2008 (P.C. 2008-508).

The following regulations were published in The Saskatchewan Gazette, Part II, Vol. 104, No. 10, March 7, 2008:

SR 4/2008 The Graduate Tax Exemption Repeal Regulations
SR 8/2008 The Northern Municipalities General Regulations (No. 2) Amendment Regulations, 2008
SR 9/2008 The Milk Control Amendment Regulations, 2008 (No. 2)
March 7, 2008

The Government of Saskatchewan has announced new chairs for the Workers' Compensation Board and the Labour Relations Board.

March 5, 2008

The Supreme Court of Canada has published a special edition of the Bulletin of Proceedings that contains a statistical view of the work of the Supreme Court in 2007 with comparisons to the previous ten years' work. In 2007 the average time between filing of application for leave and a decision on the application was 3.5 months; between the date leave was granted and the hearing was 9.0 months; and between the hearing and the judgment was 6.6 months.

March 4, 2008

The Honourable Peter Alexander Whitmore, Q.C. was appointed a Judge of the Saskatchewan Court of Queen's Bench.

Sections 2, 12 to 14, and 36 of An Act to Amend the Canada Pension Plan and the Old Age Security Act, S.C. 2007, c. 11, are proclaimed into force, effective March 03, 2008 (P.C. 2008-412).

The following sections of the Public Safety Act, 2002, S.C. 2004, c. 15 are proclaimed into force, effective June 01, 2008 (P.C. 2008-406):  s. 36(1), the definition "restricted component" in s. 2 of the Explosives Act, as enacted by s. 36(2) of the Act, s. 5(a.31) of the Explosives Act, as enacted by s. 37(1) of the Act, s. 37(4), 37(6), 41 to 49 and s. 29 of the Explosives Act, as enacted by s. 51 of the Act.

March 3, 2008

The following regulations were published in The Saskatchewan Gazette, Part II, Vol. 104, No. 9, February 29, 2008:

SR 7/2008 The Securities Commission (Adoption of National Instruments) Amendment Regulations, 2008
The Government of Saskatchewan announced the names of ten individuals who have agreed to accept positions on the Enterprise Saskatchewan Board of Directors

February 29, 2008

New on LLRX.com: Eight Legal Technology Trends for 2008 - Good Times, Bad Times or Hard Times in Legal Tech? by Dennis Kennedy highlights more effective use of existing technology, information security, alternatives to email, mobile computing, legal podcasts and collaboration tools.

February 27, 2008

The federal Budget 2008 information is now available.

The National Centre for First Nations Governance has published a research paper by Kent McNeil entitled "The Jurisdiction of Inherent Right Aboriginal Governments".

February 26, 2008

New on CBA PracticeLink: Secrets of the Business of Law - Opening Your Own Office: What Will It Cost? by Edward Poll, looks at the major expenses of opening a solo practice.

February 25, 2008

The following regulations were published in the Saskatchewan Gazette, Part II, Vol. 104, No. 8, February 22, 2008:

SR-3/2008 The Securities Amendment Regulations, 2008
SR-5/2008 The Summary Offences Procedure Amendment Regulations, 2008
SR-6/2008 The Municipalities Amendment Regulations, 2008
February 22, 2008

On February 21, 2008, the Supreme Court of Canada heard and reserved a case that may determine the ability of the Privacy Commissioner to investigate claims of solicitor-client privilege. (Privacy Commissioner of Canada v. Blood Tribe Department of Health, 2006 FCA 334, 2005 FC 328.)

February 21, 2008

The Honourable Geoffrey D. Dufour was appointed a Judge of the Saskatchewan Court of Queen's Bench.

February 20, 2008

The Consumer Price Index has increased 2.2% since January 2007.

The Canada Gazette, Vol. 142, No 4 contains a number of amended regulations including the following:

Regulations Amending Certain Regulations Made Under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act SOR/2008-21 - The amendments will have implications for real estate developers and casinos.
Regulations Amending the Canadian Wheat Board Regulations, SOR/2008-32 - The amendments set the price of barley.
February 19, 2008

The Manitoba Court of Appeal has ruled that a rural municipality has the right to expropriate a farmer's land to turn it into a tourist attraction. (Fouillard v. Ellice (Rural Municipality), 2007 MBCA 108)

February 15, 2008

Sections 39 to 41, 51 to 54 and 56(2) of the Securities Amendment Act, 2007, S.S. 2007, c. 41 are proclaimed into force, effective February 15, 2008.

The Alberta Court of Queen's Bench Associate Chief Justice N. Wittmann has ruled that the Minor Injury Regulation, Alta. Reg 123/2004, is inconsistent with s. 15 of the Charter of Rights. This regulation imposes a $4,000 cap on non-pecuniary damages for whiplash, strain and sprain type injuries. The Court found that "soft tissue injury victims are subjected to prejudice and are stereotyped on the basis of the type of injury from which they suffer. [Paragraph 273]." (Morrow v. Zhang, 2008 ABQB 98)

February 14, 2008

The Installation Ceremony for Saskatchewan Provincial Court Chief Judge Carol Snell will be held on Friday, February 15, 2008 at 3:30 p.m. at the Regina Provincial Court House, Court Room #1.

The Office of the Privacy Commissioner of Canada has released an audit report on the information held in the RCMP's 2 exempt data banks, Criminal Operational Intelligence Records and National Security Investigations Records. Canadian citizens cannot access the information held in these data banks. The audit revealed that more than half of the files currently in these exempt data banks should not be there. Examination of RCMP Exempt Data Banks Section 36 of the Privacy Act and its Backgrounder are available online.

The Martin's Annual Criminal Code 2008 Second (Cumulative) Supplement is now available online from Canada Law Book.

February 13, 2008

We are pleased to announce the addition of Tim Huber as Legal Counsel to the Law Society, effective January 21, 2008. Tim was previously an associate with Robertson Stromberg Pedersen in Regina. Welcome Tim!

New on CBA PracticeLink: Clients 2.0: Collaboration Creates Enduring Relationships, by Edward Poll, describes ways to improve communication through collaboration with clients.

Australian Prime Minister Paul Rudd issued a formal apology to Australia's Indigenous Peoples today in Parliament. The Parliamentary Library of Australia has released a Background Note to 'Sorry': the unfinished business of the Bringing Them Home report. This Background Note provides an overview of the issue of reparation within the context of the Bringing Them Home report, a chronology of the key developments in the debate, the text of state and territory apologies and links to further web resources.

February 12, 2008

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 February 26, 2008.

The latest issue of The National, January-February 2008, is now available online.

The Law Commission of England and Wales and Scottish Law Commission have released the Statute Law Repeals: 18th Report Draft Statute Law (Repeals) Bill. The Commissions propose to repeal 260 whole Acts and part repeal 68 Acts in order to "rid the statute book of meaningless provisions from days gone by which are no longer relevant in our modern world." The Acts cover a range of subjects such as workhouses, turnpikes, irritating street musicians and other legal curiosities.

February 11, 2008

The RCMP Task Force on Governance and Cultural Change has made its final report, Rebuilding the Trust, available online.

February 8, 2008

Cross-Border Tax Issues, a paper by Frank W. Quo Vadis, examines tax issues for Canadians emigrating from Canada as well as those who stay in Canada but own personal real estate or make investments outside of Canada. This paper from the Continuing Legal Education Society of British Columbia Estate Planning Seminar, November 2007.

February 6, 2008

Disability and Work: The Transformation of the Legal Status of Employees with Disabilities in Canada, by Michael S. Lynk, examines the status of employees with disabilities within the Canadian context. Lynk traces how principles of disability accommodation developed through Supreme Court of Canada rulings are applied through the decisions of labour arbitrators, human rights tribunals and the courts. This paper is available for free download through the Social Science Research Network.

February 5, 2008

The Canadian Centre for Justice Statistics has released Legal Aid in Canada: Resource and Caseload Statistics 2006/2007 (Catalogue No. 85F0015X). Legal aid funding totalled $474 million in 2006/2007 with over 11,000 lawyers from both the private sector and legal aid plans providing assistance.

February 4, 2008

An Act to Amend the First Nations Land Management Act, S.C. 2007, c. 17, is proclaimed into force, effective February 1, 2008 (P.C. 2008-192).

An Act to Amend the Geneva Conventions Act, An Act to Incorporate the Canadian Red Cross Society and the Trade-marks Act, S.C. 2007, c. 26, is proclaimed into force, effective January 31, 2008 (P.C. 2008-189).

February 1, 2008

The Saskatchewan Court of Queen's Bench has launched a mediation pilot project in Saskatoon for high conflict family law cases.

January 31, 2008

The Canadian Human Rights Commission has released Still a Matter of Rights, reiterating its recommendation of the repeal of s. 67 of the Canadian Human Rights Act, R.S.C. 1985, c. H-6. Background information on An Act to amend the Canadian Human Rights Act, Bill C-21,  is available through LEGISinfo.

January 30, 2008

The United Nations Treaty Collection On-line is now available to the public (public username: treaties, password: 12345). This database collection includes:

  • All multilateral treaties deposited with the Secretary General of the United Nations and those formerly deposited with the League of Nations - their latest status and a link to the full texts.
  • Bilateral and multilateral treaties registered with and published by the United Nations Secretariat in accordance with Article 102 up to a certain date. Detailed treaty references and full texts in all authentic language(s).
  • Recently Deposited Multilateral Treaties that have been deposited but not yet published - available for viewing and downloading in some or all of their authentic languages.

January 29, 2008

The Library of Parliament Parliamentary Information and Research Service has released a new legislative summary: Bill C-25: An Act to amend the Youth Criminal Justice Act (LS-589-E). The summary discusses the history of the Youth Criminal Justice Act, reviews Supreme Court of Canada jurisprudence on custodial remand and deterrence, then summarizes opinions on the amending bill.

The following regulations were published in the Saskatchewan Gazette, Part II, Vol. 104, No. 4, January 25, 2008:

  • SR 1/2008 The Municipalities Amendment Regulations, 2007 (No. 3)
  • SR 2/2008 The Milk Control Amendment Regulations, 2008

January 28, 2008

The Honourable Maxime Bernier, Minister of Foreign Affairs, announced that the Government of Canada has changed the way it signs on to international treaties. All treaties will be tabled in the House Commons.

January 25, 2008

The Discipline Committee of the Law Society of Saskatchewan will conduct a hearing re Susan Rault on Wednesday, January 30, 2008.

Saskatchewan Deputy Premier Ken Krawetz announced the new chairs and vice-chairs of the major Crown Investments Corporations (CIC) Boards of Directors. The appointees include Peter Whitmore (SGI, Chair), Bill Wheatley (SaskPower, Vice-Chair), and Rob Pletch (SaskEnergy, Chair).

The Consumer Price Index increased 2.4% between December 2006 and December 2007.

January 24, 2008

The Standing Committee on Public Accounts is seeking a member of the Law Society, with a preferred area of practice involving financial dealings, to serve as a member of the Audit Committee. For more information on the Committee see the attached correspondence of January 16. Anyone wanting to be considered for nomination should submit a resume to the attention of Thomas Schonhoffer, Q.C., at the Law Society prior to February 6, 2008.

January 22, 2008

The Office of the Privacy Commissioner of Canada has released Identity, Privacy and the Need of Others to Know Who You Are: A Discussion Paper on Identity Issues. This paper looks at the role of identity in society and the privacy issues related to identity, and defines its core concepts: identification, authentication, attributes, common identifiers and tokens.

The following regulations were published in the Saskatchewan Gazette, Part II, Vol. 104, No. 3, January 18, 2008:

  • A-8.1 Reg 6 The Short-term Cattle Loan Program Regulations, 2008
  • F-8.001 Reg 34 The Short-term Hog Loan Regulations, 2008
  • N-5.1 Reg 15 The Northern Municipalities Tax Discount and Penalty Regulations, 2007

January 21, 2008

Former Federal Superintendent of Financial Institutions Nick Le Pan has released his report on the results to date of the Integrated Market Enforcement Teams (IMETS). The Report to the Commissioner: Enhancing Integrated Market Enforcement Teams, Achieving Results in Fighting Capital Markets Crime reviews the challenges that IMETs face, especially in the ability to process and analyze the amount of electronic and hard copy documents that make up white collar crime investigations.

January 16, 2008

The Honourable Carol A. Snell was appointed Chief Judge of the Provincial Court of Saskatchewan effective January 1, 2008. A formal Swearing-In Ceremony, which is open to the public, will be held on February 15, 2008 at 3:30 p.m. at the Provincial Court of Saskatchewan, 1815 Smith Street, Regina, Saskatchewan.

The Law Reform Commission of Ireland has released a consultation paper on Civil Liability of Good Samaritans and Volunteers (LRC CP 47-2007). This paper discusses the following concepts and includes a review of legislation and case law from other common law jurisdictions.

January 15, 2008

The Federal Court of Canada has ruled that s. 41(b.1) of the Marihuana Medical Access Regulations, SOR/2001-227, is invalid. Mr. Justice B. Strayer wrote: "...[P]ersons with serious conditions for which marijuana provides some therapy should have reasonable access to it....In my view it is not tenable for the government, consistently with the right established in other courts for qualified medical users to have reasonable access to marihuana, to force then either to buy from the government contractor, grow their own or be limited to the unnecessarily restrictive system of designated producers. At the moment, their only alternative is to acquire marihuana illicitly...." Sfetkopoulos v. Canada (Attorney General), 2008 FC 33.

An Ontario labour arbitrator has ruled that an employer must accommodate employees who refused to use biometric hand scanners for "sincerely held" religious reasons. The arbitrator also found that the accommodation sought by the union and the grievors - that the Grievors use the biometric scanner with a swipe card and password, without its biometric features - did not impose an undue hardship on the Employer. 407 ETR Concession Company v. National Automobile, Aerospace, Transportation and General Workers Union of Canada, CAW-Canada, 2007 CanLII 1857 (ON L.A.).

January 14, 2008

The Court of Appeal for Saskatchewan has dismissed the Crown's appeal from a decision of the Court of Queen's Bench which had quashed Mr. Ahenakew's conviction for wilfully promoting hatred. A new trial has been ordered. R. v. Ahenakew, 2008 SKCA 4. (Case summary provided by the Court of Appeal.)

Amendments to the Court of Queen's Bench Rules of Court were published in the Saskatchewan Gazette, Part I, Vol. 104, No. 2, January 12, 2008. These amendments took effect on January 11, 2008.

The following regulations were published in the Saskatchewan Gazette, Part II, Vol. 104, No. 2, January 12, 2008:

  • SR 127/2007 The Securities Commission (Adoption of National Instruments) Amendment Regulations, 2007 (No. 5)
  • SR 128/2007 The Securities Commission (Adoption of National Instruments) Amendment Regulations, 2007 (No. 6)
  • SR 129/2007 The Securities Commission (Adoption of National Instruments) Amendment Regulations, 2007 (No. 7)

January 11, 2008

The Canadian Transportation Agency has announced that Air Canada, Air Canada Jazz and WestJet must adopt a one-person-one-fare policy for persons with severe disabilities who travel within Canada by air. Domestic air carriers may not charge more than one fare for persons with disabilities who, 1) are accompanied by an attendant for their personal care or safety in flight, as required by the carriers' domestic tariffs, or 2) require additional seating for themselves, including those determined to be functionally disabled by obesity for purposes of air travel. (Decision No. 6-AT-A-2008, January 10, 2008.)

The Canadian Bar Association has released a Personal Information Advisory. The CBA online web systems experienced unauthorized third party access during the recent holiday period.

The Law Society Discipline Committee has rendered its decision on the Drew Filyk hearing.

January 9, 2008

The Australian Law Reform Commission has released a discussion paper Client Legal Privilege and Federal Investigatory Bodies (DP73). This paper looks at the application of legal professional privilege to the coercive information-gathering powers of Commonwealth bodies, such as the Australian Federal Police, the Australian Crime Commission, the Australian Securities and Investments Commission (ASIC) and federal Royal Commissions of inquiry.  This paper offers several proposals which address the lengthy and costly disputes over client legal privilege in federal investigations.

January 8, 2008

"Conjugal Succession Rights in Saskatchewan," by Greg Walen and Sarah Buhler, provides an overview of conjugal partners' rights in relation to intestate succession, dependent's relief and division of family property at death. This article, published in the Estates, Trusts & Pensions Journal (Vol. 26 No. 4, Sept. 2007, pages 383-390) is one of nine articles on  the "Rights of Common Law or De Facto Spouses on Death in Canada".

January 7, 2008

An inquest into the death of Thomas Dale Mountney will be held January 21 to 25, 2008 at the Saskatoon Queen's Bench Courthouse. Mr. Mountney died while in the custody of the Saskatoon Police Service.

Proposed Lobbyists Registration Regulations were published in the Canada Gazette, Part I, Vol. 142, No. 1, January 5, 2008. The proposed regulations set the form and manner in which lobbyists must file required returns disclosing information regarding lobbying activities.

January 4, 2008

The Office of the Saskatchewan Information and Privacy Commissioner has updated its Helpful Tips reference document. This document lays out basic procedures and issues to consider when preparing for formal reviews or breach of privacy investigations.

January 3, 2008

Section 50 of the Securities Amendment Act, 2007, S.S. 2007, c. 41, is proclaimed into force effective January 1, 2008.

The Alberta Court of Appeal has upheld the right of employers to test employees working in safety-sensitive positions for drugs. The Court restored the Alberta Human Rights Commission decision, which had been overturned by the Albert Court of Queen's Bench (2006 ABQB 302), because "[the company's] policy does not perceive [the complainant] to be an addict. Rather it perceives that persons who use drugs at all are a safety risk in an already dangerous workplace." The Court refused to follow an Ontario Court of Appeal ruling, Entrop v. Imperial Oil Limited, 2000 CanLII 16800. Alberta (Human Rights and Citizenship Commission) v. Kellogg Brown & Root (Canada) Company, 2007 ABCA 426.

January 2, 2008

Jeff Beard reviews six cordless mice in his new LLRX.com article What's New in Cordless Mice?. Beard looks at overall design and function with particular focus on USB dongles and ergonomics.