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CfP: Enforcement of Rights in the Digital Space (7/8 Nov 24, OsnabrA1/4ck)
On 7 and 8 November, the European Legal Studies Institute (ELSI) at the University of OsnabrA1/4ck, Germany, is hosting a conference on âEnforcement of Rights in the Digital Spaceâ. The organizers have kindly shared the followingReminder: Conference on Informed Consent to Dispute Resolution Agreements, Bremen, 20a21 June 2024
We have kindly been informed that a limited number of places remains available at the conference on Informed Consent to Dispute Resolution Agreements on 20 and 21 June in Bremen, whichFirst View Article on ICLQ
A first view article was published online on 12 April 2024 in International and Comparative Law Quarterly. Raphael Ren,‘Conflict of Laws’ in the Islamic Legal Tradition a Between the Principles of Personality and Territoriality of the Law
Geneva Executive Training – Module 4: Practice of Child Protection Stakeholders: Focus on Inter-agency Co-operation in Context
ARBITRATION: International Commercial – Domestic – Investment
The author is Dr. Faidon Varesis, Attorney at Law Teaching Fellow, National and Kapodistrian University of Athens PhD (University of Cambridge); MJur (University of Oxford); LLM, LLB (University of Athens).  In an era where the resolution of disputes is increasingly moving away from traditional court systems towards alternative methods, the comprehensive collective work in [â¦]Lex Fori Reigns Supreme: Indian High Court (Finally) Confirms Applicability of the Indian Law by aDefaulta in all International Civil and Commercial Matters
Written by Shubh Jaiswal, student, Jindal Global Law School, Sonipat (India) and Professor Saloni Khanderia, JGLS.A In the landmark case of TransAsia Private Capital vs Gaurav Dhawan, the Delhi High Court clarified that Indian Courts are not automatically required to determine and apply the governing law of a dispute unless the involved parties introduce expert [â¦]CCTL Cross-Border Legal Issues Dialogue Seminar Series a aParallel Proceedings between International Commercial Litigation and Arbitrationa by Dr. Guangjian Tu (Recording Released)
Parallel proceedings in international commercial litigation between the courts of different countries have long been discussed and explored, for which the Brussels I Regulation in the EU provides a good model for solution although it is still a problem at the global level and an obstacle for the Hague Jurisdiction Project.  However, it seems [â¦]Hague Conventions on International Civil Procedure a a Pathway to Adoption in New Zealand (Seminar)
This Friday (12 April) at 3 pm (NZST), Jack Wass and Maria Hook will be giving a seminar at the University of Otago (New Zealand) on their project aHague Conventions on International Civil Procedure a Pathway to Adoptiona. This project, which is funded by the Borrin Foundation, explores a pathway for New Zealand to adopt [â¦]Badr on Religion, Colonialism, and Legal Pluralism: The Story and Legacy of the Egyptian Choice of Law Rules for Personal Status International and Interpersonal Conflicts of Law
In this post,Remembering Attorney General Roy McMurtry
The Hon. Roy McMurtry had a stellar career, serving as Chief Justice of Ontario, Canadian High Commissioner to the United Kingdom, Commissioner of the Canadian Football League, and Attorney General of Ontario. When he passed away in March, many of the tributes rightly focussed on the critical role he played in reaching athe kitchen accorda which led to the patriation of the Constitution with the enactment of the Charter of Rights and Freedoms, section 35 and the notwithstanding clause. Other tributes noted his participation in the landmark case of Halpern v. Canada (2003), which legalized same-sex marriage. Because McMurtry . . . [more]
The post Remembering Attorney General Roy McMurtry appeared first on Slaw.
Friday Jobs Roundup
Each Friday, we share the latest job listings from Slaw Jobs, which features employment opportunities from across the country. Find out more about these positions by following the links below, orA learn how you can use Slaw JobsA to gain valuable exposure for your job ads, while supporting the great Canadian legal commentary at Slaw.ca. Current postings on Slaw Jobs:
- Director of Policing, Oversight and Accountability | Head Office in Westbank or any Indigenous Justice Centre, Canada
(BC First Nations Justice Council) - Family LawyerA (Full-time) | Chilliwack, BC
(Waterstone Law Group LLP) - AccountantA (Full-time) | Chilliwack, BC
(Waterstone Law Group
. . . [more]
The post Friday Jobs Roundup appeared first on Slaw.
The Lack of Protection for Non-Denominational Identity: The Webber Academy Case
INTRODUCTION
Webber Academy (or athe schoola), a private educational institution in Alberta, defined itself as non-denominational: it did not engage in any overt religious practice (with one possible and qualified exception). Yet, after two Alberta Human Rights Commission (AHRC) decisions, two Queenas Bench (as it then was) (QB) judgements, two Court of Appeal (CA) rulings and two denial of leaves to appeal by the Supreme Court of Canada (SCC), it was held to have discriminated without justification against two Muslim students whom it prohibited from engaging, on school property, in overt prayers. How did this happen? And what does it . . . [more]
The post The Lack of Protection for Non-Denominational Identity: The Webber Academy Case appeared first on Slaw.
Missing Discussions at Center of Union COVID Dispute
Written by Daniel Standing, LL.B., Content Editor, First Reference Inc.
The Supreme Court of British Columbia rendered a decision (2024 BCSC 55 (CanLII)) on judicial review which looked at the employerâs choice to implement a COVID-19 vaccination policy, and whether, under the Labour Relations Code, it was obligated to enter into discussions with the union first. The case provides employers with insight into the difficulty of overturning a tribunalâs decision.
Background
The workplace was a provincially run rapid transit company. The Court considered a unionâs petition for judicial review of a decision by the British Columbia Labour . . . [more]
The post Missing Discussions at Center of Union COVID Dispute appeared first on Slaw.
Thursday Thinkpiece: Internationally-Trained Lawyers Need More Than Just NCA Exams
For those of us raised in Canada and who studied law here, it can be easy to forget that the way we practise law is verya| Canadian. While weare all aware that there are substantive differences between Canadian law and the law of other jurisdictions, itas much easier to forget that the practice of law varies just as much from nation to nation. Thereas more than one way to do almost anything, and the Canadian legal system is founded on a very specific set of choices, norms, and traditions.
Upon arriving in Canada from her native Australia, and despite her . . . [more]
The post Thursday Thinkpiece: Internationally-Trained Lawyers Need More Than Just NCA Exams appeared first on Slaw.
R. v. Bykovets: SCC Recognized Privacy Rights for IP Addresses
In R. v. Spencer[1] the Supreme Court of Canada held that a reasonable expectation of privacy attaches to subscriber information a the name, address, and contact information a associated with an individual Internet Protocol (IP) address. In R. v. Bykovets[2], the majority found that reasonable expectation of privacy extends to the numbers which make up an Internet protocol address even though those numbers might be changed at random by an Internet service provider. The Facts
The Calgary City Police were investigating fraud in online liquor sales and came across a payment processor who processed the suspect transactions. . . . [more]
The post R. v. Bykovets: SCC Recognized Privacy Rights for IP Addresses appeared first on Slaw.
Sharenthood: Turning Childhood Into Lucrative Content
In the 1920s, Jackie Coogan became one of Hollywoodas first child stars after playing the titular role of aThe Kida alongside Charlie Chaplin. Having starred in several box office successes, Cooganas childhood career had earned him an estimated $4 million (roughly $62 million today). When Coogan tried to access his earnings in his 20as, however, he discovered that his mother had spent nearly his entire fortune. In response to public outcry, California passed the Coogan Act, which aimed to safeguard a portion of child actorsa earnings until they reached adulthood and to protect them from abuse and exploitation. The Coogan . . . [more] The post Sharenthood: Turning Childhood Into Lucrative Content appeared first on Slaw.
Summaries Sunday: SOQUIJ
Every week we present the summary of a decision handed down by a QuA(c)bec court provided to us by SOQUIJ and considered to be of interest to our readers throughout Canada. SOQUIJ is attached to the QuA(c)bec Department of Justice and collects, analyzes, enriches, and disseminates legal information in QuA(c)bec. PANAL (DROIT) : Dans le cadre de lâaffaire du meurtre de Guylaine Potvin, le tribunal dA(c)clare recevable le tA(c)moignage dâune biologiste judiciaire A titre de tA(c)moin expert concernant lâutilisation du nouvel outil dâenquAate dA(c)signA(c) comme le A<> et ses rA(c)sultats.
IntitulA(c) :A R. c. Grenon, 2024 QCCS 551
Juridiction . . . [more]
The post Summaries Sunday: SOQUIJ appeared first on Slaw.
Blaming Victim of Sexual Harassment Not a Good Defence
Written by Christina Catenacci, BA, LLB, LLM, PhD, Content Editor, First Reference Inc.
In January 2024, a British Columbia labour arbitrator had no hesitation concluding that an employee, who was the grievor accusing a female colleague of sexual harassment in this case, was actually the one who was sexually harassing the female colleague. Simply put, the arbitrator found that the grievorâs evidence was not credible, the female colleagueâs account was credible and consistent with the evidence, and the female colleague did not do what the employee accused her of. As a result, the labour arbitrator agreed with the employer that . . . [more]
The post Blaming Victim of Sexual Harassment Not a Good Defence appeared first on Slaw.
Democratizing Justice, Whose Problem Is It?
Democratization means making something, usually a public good, accessible to everyone. The democratization of technology related to the internet or the democratization of health care are examples. As digital technologies become more widely adopted in areas touching peoplesa daily lives such as making appointments, applications for employment, being informed about changes in conditions of services or bargains available in the marketplace the reasons for making enabling technologies accessible to everyone become increasingly obvious. In a nation with a long-standing system of publicly funded health care the reasons are obvious although the realization seems to be falling short. In justice democratization . . . [more] The post Democratizing Justice, Whose Problem Is It? appeared first on Slaw.
What if Access to Justice Was Never Going to Lead to Poverty Alleviation?
I recently read that when legal aid was first developed in the United States in the 1960s, its primary goal was alleviation of poverty rather than access to counsel. However, over time, some stakeholders, mostly on the conservative side of the political spectrum, expressed concern that this was an inappropriate goal for public policy. This led people working in the legal aid sector to rebrand their initiatives as access to justice.[1] The primary difference between framing initiatives as âaccess to justiceâ as opposed to âalleviation of povertyâ being that access to justice has a goal of improving the legal system . . . [more] The post What if Access to Justice Was Never Going to Lead to Poverty Alleviation? appeared first on Slaw.
The Court of Owlsa| and Other Things That Mean Different Things to Different People
Note: In this article, the term aculturea is used broadly and is intended to mean anything and everything related to oneas customs, beliefs, behaviours and habits attributable to the make-up of who they are. It embraces the concept introduced to the writer by legendary professor Michelle LeBaron which appreciates that each individual person subscribes to several different cultures. Any one person may have a cultural component of themselves attributable to their age, surroundings, work, etc. Afsana Gibson-Chowdhury is the founder of Gibson Chowdhury, Clear Collaborative Mediation and a renowned advocate for equity, diversity and inclusion among legal, dispute resolution and . . . [more]
The post The Court of Owlsa| and Other Things That Mean Different Things to Different People appeared first on Slaw.
Anticipating AI-Generated Law Journal Submissions
Last week, I was asked to provide a peer-review of an article submission to a law journal.
After reviewing it thoroughly, I began to suspect that at least some of the content may have been AI-generated.
What Gives?
First off, there were at least two citations that led to dead ends. By now we all know this is a dead give away.
Second, there was little to no language linking paragraphs together. So there might have been two or three paragraphs written on a distinctive topic, but no language to alert the reader that a new topic was about to . . . [more]
The post Anticipating AI-Generated Law Journal Submissions appeared first on Slaw.
Mondayas Mix
Each Monday we present brief excerpts of recent posts from five of Canadaas awardA-winning legal blogs chosen at random* from more than 80 recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible. This week the randomly selected blogs are 1.A PierreRoy & AssociA(c)s 2. IFLS at Osgoode 3. Employment & Human Rights Law in Canada 4. Barry Sookmant 5. Meurrens on Immigration
PierreRoy & AssociA(c)s
ResponsabilitA(c)s daadministrateurs daentreprise : ce que vous devez savoir
Si vous Aates laadministrateur daune entreprise aux prises avec des difficultA(c)s financiA"res, vous . . . [more]
The post Mondayas Mix appeared first on Slaw.
Summaries Sunday: SOQUIJ
Every week we present the summary of a decision handed down by a QuA(c)bec court provided to us by SOQUIJ and considered to be of interest to our readers throughout Canada. SOQUIJ is attached to the QuA(c)bec Department of Justice and collects, analyzes, enriches, and disseminates legal information in QuA(c)bec. PANAL (DROIT) : Dans une affaire de violence conjugale et postconjugale, la juge de premiA"re instance a commis 2A erreurs de principe en omettant dâA(c)valuer correctement le risque que lâimposition dâune peine avec sursis A lâaccusA(c) poserait pour la collectivitA(c); une peine dâemprisonnement de 6A mois est substituA(c)e aux 10A . . . [more]
The post Summaries Sunday: SOQUIJ appeared first on Slaw.
Environmental Regulation Is Not “Constructive Expropriation”
On April 4, 2024, the Alberta Court of Appeal released its decision in Altius Royalty Corporation v Alberta, 2024 ABCA 105 (CanLII).
The appellants own a royalty interest in a coal mine. In 2014 they acquired royalty interests in the Genesee coal mine. This coal fuels the Genesee power plant in Alberta.
By 2012 federal performance standards, the end of life of the three coal-fired plants was determined to be 2039, 2044 and 2055 (para 3).
They claim their interest was constructively expropriated (paras 2 and 5) when the government of Canada amended the regulations to require the . . . [more]
The post Environmental Regulation Is Not âConstructive Expropriationâ appeared first on Slaw.
Friday Jobs Roundup
Each Friday, we share the latest job listings from Slaw Jobs, which features employment opportunities from across the country. Find out more about these positions by following the links below, orA learn how you can use Slaw JobsA to gain valuable exposure for your job ads, while supporting the great Canadian legal commentary at Slaw.ca. Current postings on Slaw Jobs:
- Director of Policing, Oversight and Accountability | Head Office in Westbank or any Indigenous Justice Centre, Canada
(BC First Nations Justice Council) - Family LawyerA (Full-time) | Chilliwack, BC
(Waterstone Law Group LLP) - AccountantA (Full-time) | Chilliwack, BC
(Waterstone Law Group
. . . [more]
The post Friday Jobs Roundup appeared first on Slaw.
When Practicing Law Is Slow Death
It started as soon as I began my law career as an articling student. A lawyer gave me a task on Friday due Monday, meaning I would lose my weekend. I felt a little bit of pride a who, little old me, tasked with something so important? But I soon learned what is urgent is rarely important, and important rarely urgent. Having âuncovered every rockâ and discovered nothing further, I watched my research memo fall into the abyss of make-work legal projects, more for show and profit, productivity measured more in money than in legal progress. I think I gained . . . [more]
The post When Practicing Law Is Slow Death appeared first on Slaw.
The Perils of Remaining Silent
Written by Daniel Standing, LL.B., Content Editor, First Reference Inc.
The interim decision of Caroline Sand, Member of the Human Rights Tribunal of Ontario in 2024 HRTO 233 (CanLII) shows what can happen when a party is invited to participate but decides not to. As it turns out, the technique of putting oneâs head in the sand works for ostriches but not for employers who seek to avoid liability for human rights complaints.
Background
The matter arose out of a sex-based human rights complaint by an employee against her former employer, a social club. The employer had numerous opportunities to . . . [more]
The post The Perils of Remaining Silent appeared first on Slaw.
Thursday Thinkpiece: Suing for Silence : Sexual Violence and Defamation Law
Periodically on Thursdays, we present a significant excerpt, usually from a recently published book or journal article. In every case the proper permissions have been obtained. If you are a publisher who would like to participate in this feature, please let us know via the siteas contact form. Suing for Silence : Sexual Violence and Defamation Law
Author: Mandi Gray
Publication Date: March 1, 2024
ISBN: 9780774869171
Page count: 180 pages; 6 x 9
Excerpt: Introduction
In summer 2017, I received a Facebook message from Lynn, a Canadian tattoo artist in her late twenties. Women from all . . . [more]
The post Thursday Thinkpiece: Suing for Silence : Sexual Violence and Defamation Law appeared first on Slaw.
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