The information provided on this blog is to, the best of our knowledge, accurate and up-to-date as of the date of posting. However, please be aware that information can change rapidly and without notice. Therefore, we cannot guarantee the accuracy or completeness of the information presented after the posting date. It is advised that readers exercise due diligence and independently verify the accuracy of information they find on this blog news feed. Here are links to the most current information available in relation to our Membership, Saskatchewan Case Law, and Saskatchewan Legislation.
By Sara Stanley, Regina Library Technician
The Court of Appeal for Saskatchewan: The First Hundred Years
“A history of Saskatchewan’s highest court as it reaches its centennial in 2018, The Court of Appeal for Saskatchewan places the court within the advancement of law in Canada, as well as within the specific context of Saskatchewan’s legal, political, and social development.
Tying together legal analysis with a strong narrative of a crucial Saskatchewan institution, Mittelstadt includes a biography of every judge of the court, including the context of their appointments, discusses the court’s internal workings and organization, and relates some of the touchstone legal decisions that influenced both the province and the nation.”
Annotated Aboriginal Law: The Constitution, Legislation, Treaties and Supreme Court of Canada Case Summaries 2019
“Written by Shin Imai, an experienced Aboriginal law practitioner and teacher, this book features the full text of the Indian Act and regulations, accompanied by hundreds of annotations and section-by-section summaries of all significant court decisions interpreting or applying the legislation. As well, this work includes the consolidation of the Indian Act and regulations and hundreds of annotations, the full texts of legislation and regulations including the Indian Oil and Gas Act and the First Nations Land Management Act; a review of the case law under s. 91(24) of the Constitution Act, 1867 [s. 91(24) (division of powers)] and the Canadian Charter of Rights and Freedoms [s. 15 (equality rights), s. 25 (Aboriginal Rights and Freedoms not affected by the Charter) and s. 35(1) (Aboriginal and Treaty rights)]; and a brief annual review of the law, highlights of other legislation related to Aboriginal peoples, important cases, and a summary of the most important Supreme Court of Canada cases on Aboriginal law issues.
Legislative updates include:
• Indian Act, R.S.C. 1985, c. I-5
• Indian Band Council Election Order, SOR/97-138
• First Nations Elections Act, S.C. 2014, c. 5
Case law highlights include:
• R. v. Big River First Nation,  S.J. No. 144 (Sask. Q.B.)
• Perry v. Cold Lake First Nations,  F.C.J. No. 380 (Fed. C.A.)
• Noel v. Cold Lake First Nations,  F.C.J. No. 379 (Fed. C.A.)
• Miller v. Mohawk Council of Kahnawà:ke,  Q.J. No. 3526
• Kumagai v. Campbell Estate,  B.C.J. No. 66 (BCCA)
• Bell v. Canada,  F.C.J. No. 506 (Fed. C.A.)
• Horseman v. Canada,  F.C.J. No. 631”
The 2019 Annotated Copyright Act
“Its exclusive combination of statute and case law with in-depth analysis makes The 2019 Annotated Copyright Act ideal for use as your portable research tool. This work has become a fixture of copyright law practice in Canada in the 26 years since the first edition was published in 1992. Written by an experienced practitioner and academic, this convenient one-stop reference brings together all the information you need to efficiently practice copyright law.
Updated statutes include:
• Bankruptcy and Insolvency Act, R.S.C. 1985, c. B-3, as amended by 2017, c. 26, ss. 5-10; 2018, c. 10, s. 82
• Criminal Code, R.S.C. 1985, c. C-46
New case law includes:
• Bell Canada v. Lackman, 2018 FCA 42 – an illustration of an order in the case of infringement involving communications signals.
• Paragon Testing Enterprises Inc. v. Lee, 2018 BCSC 634, 2018 CarswellBC 954 – Courts avoid awarding double compensation to the owner of the copyright for a single infringement. Therefore, the Court will not award damages for loss of profit if it awards to the owner of the copyright the profits made by the infringer.
• Houle v. Thériault, 2018 QCCQ 1757 – In the case of pictures of immovables used without the authorization of the owner of the copyright in online stores, the Court of Québec, Small Claims Division, awarded $1,800.
• Syndicat des professeurs de l’État du Québec (SPEQ) v. Ministère de l’Agriculture, des Pêcheries et de l’Alimentation du Québec (MAPAQ)-Institut de technologie agroalimentaire (ITA), 2018 CanLII 33548 (QC SAT) – An arbitrator found that the preparation of course outlines and scoring grids was an integral part of the work description of a college teacher, and the employer (a college), holds copyright in those documents.
• Keatley Surveying Ltd. v. Teranet Inc., 2017 ONCA 748, leave to appeal granted 2018 CarswellOnt 9979, 2018 CarswellOnt 9980 – Section 12 of the Copyright Act applies to the Provincial Crown and the Crown in right of the provinces and the territories.
• Lainco inc. c. Commission scolaire des Bois-Francs, 2017 CF 825 – an engineering firm that produced infringing plans was held liable for the infringement of the right to produce the plans and the right to authorize the tridimensional reproduction of those plans.
• Evans and Hong v. Upward Construction, 2017 BCPC 247 – While the client had formulated ideas for the preparation of the plans, it was the creator of the drawings who had expressed the ideas and augmented the pre-existing ideas.
• Toronto Real Estate Board v. Commissioner of Competition, 2017 CAF 236, (S.C.C., Jan 30, 2018)
• Bégon Fawcett v. Colas, 2017 QCCS 4835, 2017 CarswellQue 9481 – the plaintiff Bégon cannot claim a copyright in her written documents, her working papers, her school work and all the material she adduced as evidence before the Court. What the plaintiff claims is a copyright in the purpose of those documents, what she has been working on, namely her business project.
• Éditions Québec Amérique Inc. v. Druide Informatique Inc., 2017 QCCS 4092 – The defendant in an infringement claim has the burden of establishing consent. A gratuitous consent may always be withdrawn, while the mere transfer of a copy of a work does not mean consent has been given.
• Vancouver Aquarium Marine Science Centre v. Charbonneau, 2017 BCCA 395 (CanLII) – The Court recognized, at the interlocutory stage, that a documentary filmmaker could use footage shot at an aquarium for the purpose of criticism to encourage a debate on the protection of marine animals.
• Wiseau Studio et al. v. Richard Harper, 2017 ONSC 6535 – At the interlocutory stage, the Court held that a documentary on a cult movie that contained seven minutes of excerpts from the movie fell within the exception for the purpose of criticism and research.
• Google Inc. v. Equustek Solutions Inc., 2017 CSC 34 – Particularly with respect to the Internet, that type of injunction may apply to a third party and extend to the world if the Canadian court has in personam jurisdiction.”
The 2019 Annotated Immigration and Refugee Protection Act of Canada
Henry M. Goslett and Barbra Jo Caruso
“This concise and comprehensive resource contains all the latest legislative developments as well as useful commentary on decisions that interpret the law. It’s supplemented with numerous Editor’s Notes and case annotations, including new annotations.
New in this edition:
• Legislation has been generally updated to Canada Gazette Vol. 152:19 (September 19, 2018)
• IRB Guidelines issued by the Chairperson pursuant to Section 65(3) of the former Act and Section 159(1)(h) of IRPA
• Regulations to change the definition of the age of a dependent child to less than 22 years came into force on October 24, 2017
• Division 9, annotations of decisions taken under Section 40.1 of the former Immigration Act and under former Division 9 of IRPA
• The Balanced Refugee Reform Act – Case law summaries of cases challenging both the jurisdiction and correctness of decisions of the Refugee Appeal Division
• Changes in policy to the Temporary Foreign Worker Program
• Bill C-45, the Cannabis Act and Bill C-46, An Act to amend the Criminal Code and to make consequential amendments to other Acts – These Bills have unintended immigration consequences
• Immigration and Refugee Protection Act – The Supreme Court of Canada decision in Tran v. Canada (Minister of Public Safety and Emergency Preparedness), 2017 SCC 50
• Do v. Canada (Minister of Citizenship and Immigration), 2017 FC 1065, 2017 CarswellNat 6681
• Lewis v. Canada (Minister of Public Safety and Emergency Preparedness) (2017), 23 Admin. L.R. (6th) 185, 2017 FCA 130, 2017 CarswellNat 8736
• Bailey v. Canada (Minister of Citizenship and Immigration), 2017 FC 816, 2017 CarswellNat 5451, 2017
• Yuris v. Canada (Minister of Citizenship and Immigration) (2017), 54 Imm. L.R. (4th) 18, 2017 FC 981
• Canada (Sécurité publique et Protection civile) v. Nkanagu, 2018 FC 56, 2018 CarswellNat 1933
• Canada (Public Safety and Emergency Preparedness) v. Abou Antoun, 2018 FC 540, 2018 CarswellNat 2600
• Hutchinson v. Canada (Minister of Citizenship and Immigration), 2018 FC 441, 2018 CarswellNat 2461
• Rezvyy v. Canada (Minister of Citizenship and Immigration), 2017 FC 1114, 2017 CarswellNat 7610
• Canada (Minister of Citizenship and Immigration) v. Robinson, 2018 FC 159, 2018 CarswellNat 299
• Tuiran v. Canada (Minister of Citizenship and Immigration), 2018 FC 324, 2018 CarswellNat 1134
• Li v. Canada (Minister of Immigration, Refugees and Citizenship), 2018 FC 87, 2018 CarswellNat 140
• Alalami v. Canada (Minister of Citizenship and Immigration), 2018 FC 328, 2018 CarswellNat 1171
• Canada (Minister of Citizenship and Immigration) v. Singh Sidhu, 2018 FC 306, 2018 CarswellNat 1005
• R. v. Al-Masajidi, 2018 ONCA 305”