Month: September 2015

Lawyers Weekly

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By Melanie Hodges Neufeld

The October 2nd edition of Lawyers Weekly digital edition is now available via the Members’ Section of the Law Society website. Articles in this issue include:

  • Importance of builder liens, trusts both underscored in SCC decision
  • Court blasts child welfare system’s pace
  • Info Technology: Trying to hide behind parody
  • Bankruptcy: Receiver power is scaled back
  • Business & Careers: Getting that helping hand

2015 Law Foundation of Saskatchewan Lecture

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LFlectureBy Alan Kilpatrick

The University of Regina will be presenting the 2015 Law Foundation of Saskatchewan Lecture on Wednesday, September 30th at 5:00pm.  This annual lecture is open to the public and made possible by support from Law Foundation of Saskatchewan.  It was established to advance the administration of justice in the province.  This year’s theme is smart policing:

Smart Policing and the Challenge of Translational Criminology
Wed., Sep. 30, 2015 5:00 p.m.
Location: University of Regina main campus, Education Building ED 191

The University of Regina Faculty of Arts proudly presents the 2015 Dr. Gordon Wicijowski Law Foundation of Saskatchewan Chair in Police Studies Lecture, delivered by Scott H. Decker, Foundation Professor at the School of Criminology and Criminal Justice at Arizona State University.  Policing has assumed many forms over the past fifty years. ‘Team Policing’, ‘Community Policing’ and ‘Problem Oriented Policing’ have all previously been in vogue, only to give way to a new form or set of practices. Some of the changes have occurred in response to external pressures and threats to the organization and practice of policing; others have come from inside the police. ‘Smart Policing’ is the latest conceptualization of policing in North America. Dr. Decker will argue that Smart Policing is more likely than other forms to endure, in part because it is founded on evidence based approaches and integrates translational criminology into practices, strategies and styles of law enforcement.  For more information please visit the Law Foundation lecture website.

You can watch the 2014 Law Foundation of Saskatchewan Lecture on Youtube.

New Books in the Library, Part 6

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By Sarah Roussel-Lewis

canadianextraditionCanadian extradition law practice 5th

This book provides a solid understanding of extradition law in Canada with reference to every significant extradition case considered by courts of appeal or the Supreme Court of Canada since the current Extradition Act became law. Helpful information includes a fully annotated Extradition Act, all extant bilateral extradition treaties in their entirety, and an overview of the law and procedure of extradition with clear, easy-to-follow cross-references. The book includes the Mutual Legal Assistance in Criminal Matters Act, and relevant sections of the Criminal Code, the Immigration and Refugee Protection Act and multilateral international treaties.


McInnes - The Can. Law of Unjust Enrichment__The Canadian Law of Unjust Enrichment and Restitution

This treatise, written by Canada’s leading authority on the law of unjust enrichment, explains this complex area in a straight forward manner. It provides a conceptual overview that cuts through the inconsistencies and uncertainties that have impaired the proper development of the law. It also offers step-by-step guidance to the resolution of restitutionary claims in specific contexts. For the first time, judges, practitioners, and academics have access to a civil litigation text that clearly explains the Canadian law of unjust enrichment as reformulated in the landmark decision in Garland v. Consumers’ Gas Co. (2004).


canadianpersonalCanadian Personal Property Security Law

A comprehensive, up-to-date treatise covering personal property secured transactions law in Canada, this resource deals with all significant statutory and regulatory provisions applicable under the Personal Property Security Act (PPSA), the Securities Transfer Act and the Bank Act. The treatise also provides a comprehensive coverage of case law in this area. Much of the information in the book is provided through charts and tables that offer valuable visual summaries of the rules and how they apply. As well, the text provides an extensive discussion of the common law personal property regime that lies behind and is still relevant to the PPSA.


competitionandantitrustCompetition and Antitrust Laws in Canada: Canada and the United States 4th

When you are advising clients on the complex and multifaceted area of competition and antitrust law, and how the rules apply in both Canada and the United States, it’s crucial to have access to the most up-to-date and comprehensive information available – particularly if you’re dealing with cross-border matters. That’s precisely what Competition and Antitrust Law – Canada and the United States, 4th Edition, by veteran practitioners Brian A. Facey and Dany H. Assaf, provides.

These recognized leaders in competition and antitrust law offer an in-depth comparison of Canadian and U.S. competition laws, from their origins in the nineteenth century to the most recent cases involving mergers, pricing practices, cartels, advertising and abuse of dominance, with a special chapter on antitrust economics, which makes economics accessible to lawyers.


contemporarycanadianinsuranceContemporary Canadian insurance law

From motor vehicle accidents, to errors and omissions, to disability claims, the sheer range of situations and matters that require an understanding of insurance law is broad and far-reaching. With this new publication, Contemporary Canadian Insurance Law, readers will have access to a detailed index providing immediate reference to the case law and legal principles relevant to virtually all areas of insurance law in Canada.


criminaljurychargeCriminal jury charge practice

Criminal Jury Charge Practice aims to assist criminal law practitioners, as well as judges, in validating objections and requests to remedy errors, omissions or generic instructions in the jury charge. In particular, the goal of this book is to assist counsel with identifying important issues and substantiating their requests for more tailored jury instructions, thereby enhancing the prospect of a fairer trial or stronger record for an appeal.


doctrineofresThe doctrine of res judicata 4th

This fourth edition is the most recent volume on the doctrine of res judicata by Canada’s recognized legal scholar on the subject, Donald J. Lange. The text is the definitive resource on an important legal doctrine: why a person can only sue or be sued once for each case.


The book’s analysis, terminology and description of the law have been adopted by the Supreme Court of Canada, and have been cited on numerous occasions by courts and tribunals across Canada. The text provides a comprehensive distillation of the res judicata doctrine that has evolved in 200 years of Canadian jurisprudence.



New Journal Issues – September 2015

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by Ken Fox

University of Toronto Law Journal
Volume 65, Number 3 (Summer 2015)

  • The (ir)relevance of constitutional protection for property rights? Compensation for takings in Canada and the United States / Cherie Metcalf
  • Administrative decentralization and tax compliance: A transactional cost perspective / Wei Cui
  • Taking purposes seriously: The purposive scope and textual bounds of interpretation under the Canadian Charter of Rights and Freedoms / Benjamin J Oliphant


UBC Law Review
Volume 48, Number 2 (July 2015)

  • Examining the Websites of Canada’s Top Sex Crime Lawyers: The Ethical Parameters of Online Commercial Expression by the Criminal Defence Bar / Elaine Craig
  • Neutrality Law, Anti-terrorism, and Foreign Fighters: Legal Solutions to the Recruitment of Canadians to Foreign Insurgencies / Craig Forcese & Ani Mamikon
  • The Failure of the Delgamuukw Test for Proof of Aboriginal Title / Robert Hudson
  • Piercing the Corporate Veil Reframed as Evasion and Concealment / Mohamed F. Khimji & Christopher C. Nicholls
  • The Official Development Assistance Accountability Act: Global Justice and Managerialism in Canadian Law / Derek McKee
  • A Reconciliation without Recollection? Chief Mountain and the Sources of Sovereignty / Joshua Nichols
  • Blunting the Edge: Federalism, Criminal Law, and the Importance of Legislative History after the Reference re Assisted Human Reproduction Act / Dave Snow
  • Gender and Violence: Drawing on Indigenous Legal Resources / Emily Snyder, Val Napoleon & John Burrows
  • Rethinking Compensation for Expropriation / Paul A. Warchuk


McGill law journal
v. 60, no. 3 (Mar. 2015)

  • Private International Law Implications in Conflicts of Interest for Lawyers Licensed in Multiple Countries / Barrett Schitka
  • Challenges to Assessing Same-Sex Relationships under Refugee Law in Canada / Nicholas Hersh
  • Propriété intellectuelle, Cour suprême du Canada et droit civil / Maxence Rivoire et E. Richard Gold
  • Le Tribunal des droits de la personne devant la Cour d’appel du Québec : appel à plus de deference / Sébastien Senécal et Christian Brunelle


Canadian Tax Journal
Volume 63, Number 2 (2015)

  • Reforming Old Age Security: Effects and Alternatives / Nicholas-James Clavet, Jean-Yves Duclos, Bernard Fortin, and Steeve Marchand
  • Is There a Sixth Comparability Factor in Canadian Transfer Pricing? / Robert Robillard
  • Risk-Based Overrides of Share Ownership as Specific Anti-Avoidance Rules / Tim Edgar
  • Policy Forum: Editor’s Introduction—Resource Taxation / Kevin Milligan
  • Policy Forum: Resource Rent Taxation—Experiences from Australia / Wayne Mayo
  • Policy Forum: Taxation of Machinery and Equipment and Linear Property in Alberta / Brian Conger and Bev Dahlby
  • Current Cases: (TCC) George Weston Limited v. The Queen; (TCC) Invesco Canada Ltd. v. The Queen; (ONSC) Canada (Attorney-General) v. Brogan Family Trust
  • International Tax Planning: Reinstated Foreign Accrual Tax and the Multi-Period Perspective
  • Personal Tax Planning: Tuition Expenses and Tutoring Fees as Medical Expenses
  • Planification fiscale personnelle: Dépenses de tutorat et frais de scolarité admissibles comme frais médicaux
  • Selected US Tax Developments: Classification of Foreign Trusts for US Tax Purposes: They May Be Called Trusts, but Don’t Trust the Label

Finding Legislative Intent (Tip of the Week)

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By Alan Kilpatrick

Erica Anderson, Research Librarian at the Ontario Legislative Library, and Susan Barker, Digital Services and Reference Librarian at the Bora Laskin Law Library, recently wrote an excellent article exploring legislative intent research for the Canadian Parliamentary Review, Cinderella at the Ball: Legislative Intent in Canadian Courts.

Legislative intent research, Anderson and Barker explain, involves finding the intent of the Legislature or Parliament behind a particular statute.  Today, this is a recurring task for lawyers that has real consequences in the court room.  The outcome of a case may rest on how a judge understands legislative intent.  An aspect of Driedger’s Rule of Statutory Interpretation, the most common toolkit used to interpret statutes in Canada, involves finding legislative intent.  How can legislative intent in Saskatchewan be researched?

The best resource for researching legislative intent in Saskatchewan is the Hansard, also known as the Debates and Proceedings of the Legislative Assembly of Saskatchewan.  The Hansard “is an essentially verbatim report of the debates that take place in the Assembly and its committees.”  The debates for a particular date can be searched through a Legislative Calendar, Committee Meeting Archive, a Subject Index, or a Speaker Index.

Reché McKeague, a feature blogger for Legal Sourcery, has created an outstanding tutorial describing How to search Saskatchewan’s Hansard.



Call 306-569-8020 in Regina
Toll-free 1-877-989-4999
Fax 306-569-0155

Same Sex Marriage (Throwback Thursday)

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By Jenneth Hogan


For as long as I can remember the great people of our country have always been fighting for something. Equal rights for women, minority races, those with physical and mental disabilities and same-sex couples merely skim the top. Heck if we’re being honest, we are still fighting

On this day in 2004 same-sex couples of Nova Scotia took one home for the team when the Nova Scotia Supreme Court ruled the then-current law unconstitutional, legalizing same-sex marriage in the province. Neither the federal nor the provincial governments opposed the ruling. This battle, within the province, commenced August 13, 2004 when three couples brought the suit Boutilier et al. v. Canada (A.G) and Nova Scotia (A.G) against both the provincial and federal governments requesting the issue of same-sex marriage licences.

At this point, Nova Scotia became the fifth province (along with one territory) in Canada to take the leap in legalizing same-sex marriage. Saskatchewan was quick to follow. As a result of N.W. v. Canada (Attorney General), on November 5, 2015 Saskatchewan joined Ontario, British Columbia, Quebec, Yukon, Manitoba and Nova Scotia in the union of unions.

Canada would soon be the fourth country in the world to make the legalization official on July 20, 2005 when the Civil Marriage Act received its Royal Assent. The full timeline of events leading up to this can be found here.