Canada Gazette Part II: Consolidated Index (Tip of the Week)

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By Ken Fox

On September 19 I told you about the online federal Table of Public Statues. But is there an accompanying table of regulations, you ask? Well sure, sort of.

To find such a table, you need to leave the Justice Laws website, and enter the online Canada Gazette. Part II of the Gazette is the Official Regulations, the best version to use as evidence in court. But unlike the Justice Laws website, where the regulations are organized alphabetically, the Gazette orders them by date of publication. So to find a known regulation, you need to know the date of its release in the Gazette.

For that purpose, the Justice Department offers a Consolidated Index to Part II. Like other parts of the Gazette, the consolidated index has periodic releases, which can be navigated in the left-panel menu. But since the index is consolidated, you really only ever need to access the latest release, as it contains the entire table.

So begin by clicking on Vol. 148 (2014) in the list of releases (it’s the only one not preceded by “ARCHIVED”). From there, locate the latest release, which covers the period January 1, 1955, to June 30, 2014. The Index is available in HTML and PDF formats. The first time you access the index, I would recommend PDF, as the organization of the tables is clearer in that format. Click on ARCHIVED — PDF 3,629 KB / Official. Note that only the PDF version is actually “official” – and the document itself is marked with the Seal of the Crown, indicating official status.

Scroll down to the Table of Contents on the 3rd page and note that there are two similarly-named tables that constitute the index:

I—TABLE OF REGULATIONS, STATUTORY INSTRUMENTS (OTHER THAN REGULATIONS) AND OTHER DOCUMENTS

II—TABLE OF REGULATIONS, STATUTORY INSTRUMENTS (OTHER THAN REGULATIONS) AND OTHER DOCUMENTS ARRANGED BY STATUTE

There is a note saying that Table I is organized alphabetically by title. Based on the titles of these tables, you may assume that the two tables have similar content, but are differently ordered. Well reasoned, but you are wrong. Table I has but a single function – to provide the title of the enabling act of a regulation. The regulations are listed alphabetically in bold text, with their statutes nested under them in plain text:

FedLeg4

The Index’s main substantive content is contained in Table II, but as that table is organized by enabling statute, Table I provides this key piece of data for situations where you know only the regulation title.

In Table II, further down in the same PDF document, the bolded, all-caps headings are the titles of statutes. The bold subheadings with conventional capitalization are the regulations and other subordinate legislation passed under that statute. This is followed by detailed information about each regulation (SOR) or statutory instrument (SI):

FedLeg5

In the case of a regulation, such as the Agricultural Marketing Programs Regulations above, there is a section-by-section history, providing a regulation number and section numbers for each addition and amendment to the main regulation. The Regulation number can then be used to find the amendment in Part II of the Gazette – which will be the topic for next week’s tip.

This is Part 3 of a multi-part series on researching federal legislation:  Part 1Part 2 | Part 4 | Part 5 | Part 6 | Part 7

Bills Recently Introduced

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The following are a few snippets of bills recently introduced into the Saskatchewan Legislature 4th Session, 27th Legislature (Oct. 22, 2014):

Bill 141 – The Archives and Public Records Management Act (1st Reading Oct.28/14)
New Act repeals The Archives Act, 2004

Bill 144 – The Victims of Domestic Violence Amendment Act, 2014 (1st Reading Oct.29/14)
“3 The long title is amended by striking out “Domestic” and substituting “Interpersonal”.”

Bill 145 – The Fee Waiver Act (1st Reading Oct. 29/14)
An overhaul of Saskatchewan’s complex, rigid and difficult to navigate court fee waiver program is intended to make justice more accessible (The StarPhoenix, November 10, 2014)

Vocābulārium

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By Jenneth Hogan

latin
OMNIBUS  [L. omnis / all, every, each, the whole]
Providing many things at one time; containing many things. An omnibus bill is a legislative act incorporating many disparate subjects and purposes in one statute. The overall purpose is to prevent the executive department from vetoing some provisions to preserve others. An omnibus clause in an auto insurance policy is a clause making the insured responsible for the acts of all persons driving the car with his permission. An omnibus clause in a will is a clause disposing of all property not specifically mentioned in other provisions.
 

An omnibus bill is a proposed law that covers a number of diverse or unrelated topics, within a single document, as an all-or-nothing tactic. They propose a mix of changes, seeking to amend, repeal or enact several Acts, within one fell swoop and must be approved or defeated as a whole legislative package. Because of their extensive size and ambit, omnibus bills are not always well received. Some consider them to be anti-democratic as they limit opportunities for public debate and scrutiny and are typically used as an attempt to slip controversial amendments passed Parliament.

In Canada, one of the more prominent omnibus bills is the Criminal Law Amendment Act, 1968-69 (S.C. 1968-69, c. 38), better known as Bill C-150. It was introduced by, then, Minister of Justice, Pierre Trudeau and was passed on May 14, 1969. The act legalized homosexuality, abortion and contraception. It imposed restrictions on gun ownership and expanded the definition of a “firearm”. It put further regulations on drinking-and-driving, harassing phone calls and misleading advertising, redefined what constitutes cruelty to animals and permitted lotteries. The bill was described by John Turner as “the most important and all-embracing reform of the criminal and penal law ever attempted at one time in this country.” 1

Another great example of this is C-38, the Jobs, Growth and Long-term Prosperity Act, given Royal Assent on June 29, 2012. With more than 400 pages, containing an excess of 750 clauses and amending nearly 70 laws, Bill C-38 far exceeded the scope of Bill C-150. By comparison, C-150 was 126 pages long with only 120 clauses.

 

Sources:

Emanuel, Lazar. Latin for Lawyers: The Language of the Law (New York: Aspen Publishers, 1999).

http://en.wikipedia.org/wiki/Omnibus_bill

http://en.wikipedia.org/wiki/Criminal_Law_Amendment_Act,_1968-69

 

[1] http://parl.canadiana.ca/view/oop.debates_HOC2801_08/673?r=0&s=1

Mourning the Loss of Justice Frank Gerein

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By Melanie Hodges Neufeld

1967 Saskatchewan provincial election  - Gerein was running as Liberal candidate for Regina North East
1967 Saskatchewan provincial election – Gerein was running as Liberal candidate for Regina North East

The Law Society Library, along with the rest of the legal community in Saskatchewan, is mourning the loss of Justice Frank Gerein who passed away Sunday. In 2007, Justice Gerein was featured in Ian Mentiplay’s book celebrating the Law Society’s centennial,  A Century of Integrity: The Law Society of Saskatchewan 1907 to 2007:

Born in Regina in 1939, William Francis “Frank” Gerein received his early education at St. Joseph’s School, Regina. In 1955, his father Anthony Gerein, was appointed a judge of the District Court at Humboldt. He obtained his secondary education a short distance from Humboldt at St. Peter’s College at Muenster, Saskatchewan. His experience there taught him a lot about industry, perseverance and self-discipline, which was to stay with him all of his life. He then attended the University of Saskatchewan, where he obtained his Bachelor of Arts in 1960 and Bachelor of Laws in 1963.

Gerein’s articling period was spent with the firm of Noonan, Embury, Heald, Molisky and Gritzfeld. Following his admission to the Law Society of Saskatchewan on July 2, 1964, he practised with the firm until the end of 1965 when he joined the firm of Gerrand and Gerrand. For the next 15 years, he was engaged in general practice with emphasis primarily on criminal litigation and some civil litigation. In 1972, the firm Gerrand, Gerrand & Gerein joined with the Goodall, McLellan firm. A short time later, both William J. Goodall and Ernest Gerrand died and the firm became known as Gerrand, Gerein & McLellan.

A major change in his career occurred in 1980 when, following in his father’s footsteps, he was appointed a judge of the District Court for Saskatchewan in Saskatoon. His tenure on the District Court was brief. Following the amalgamation of the courts, he was appointed to the Court of Queen’s Bench on July 1, 1981.

In 1982, Gerein was appointed to the Legal Education and Scholarships Committee of the Law Society as the representative of the judiciary. When the Saskatchewan Legal Education

In the Law Society Library, Melfort Court House
In the Law Society Library, Melfort Court House

Society (SKLESI) was incorporated in 1993, he was an appointee of the Law Society of Saskatchewan and the Canadian Bar Association, Saskatchewan Branch, along with Madam Justice Georgina Jackson, Mel Annand and John Comrie. He served as director until 1998, when he was replaced by Mr. Justice Robert Laing. During his second term, from 1997 to 1999, he was vice-president of SKLESI. In January 2001, he received SKLESI’s award of excellence for legal education development, which recognizes significant contributions to the development of the philosophy and direction of legal education. He has been involved in legal education development since the 1980s, participating in seminars and lecturing at the bar admission course.

In 2000, Gerein was appointed chief justice of the Court of Queen’s Bench. Although the office of chief justice has a number of administrative responsibilities, he was successful in balancing administration and court work, which he enjoys. He tried to sit in court two weeks each month, and in each judicial centre once a year. This gave him an opportunity to meet with the local bar and enabled the bar and court house staff to realize the office of the chief justice covers the whole province, not just the city of Regina. He believed that it is important to be part of the community. He retired as chief justice in 2005, but has continued to serve as a supernumerary judge.

Gerein takes a very keen interest in the legal profession, being a regular attendee at the meetings and functions fo the Law Society, Canadian Bar Association and Regina Bar Association.

 

Book Review – The Law of Hockey

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By Alan Kilpatrick

The Law of Hockey
By John Barnes
LexisNexis, 2010
485 pp.

BkRevHockeyWith winter around the corner, you might be thinking of strapping on your skates for a game of hockey.  We encourage you to check out The Law of Hockey first – the only book to focus exclusively on hockey law.  Slaw enthusiastically blogged about this book when first published.  LexisNexis describes this item on its website,

Sports law expert John Barnes scores a major win with the first book on the Canadian law of hockey. A natural successor to Professor Barnes’ internationally acclaimed Sports and the Law in Canada, 3rd Edition, this text delivers a comprehensive survey of the law of hockey, examining a range of on-ice and off-ice issues in their historical, social and economic context. This book is essential reading for anyone with an interest in the game and serves as an engaging overview of Canadian law.  Topics covered include:

  • Safety issues and potential legal liability, including the dangers from flying pucks, “rink rage” and sexual misconduct
  • Criminal prosecutions for on-ice violence and civil liability for injuries suffered by players
  • Examination of two cases of hockey homicide
  • The business of hockey and sources of revenue
  • The history of the NHL from a business and legal perspective
  • Labour relations and contractual rights in the NHL
  • The growth of sports law and the role of government in regulating sport
  • The politics of domestic and international hockey associations and the rights of members
  • The rights and remedies of disadvantaged groups in hockey, including the growth of the women’s game
  • The general framework of competition law and labour law

Please stop by the Law Society of Saskatchewan Library in Regina if you are interested in this item. Call Number: KF 3989.B261 2010.

 

In the Legal Sourcery book review, new, thought-provoking, and notable library resources are reviewed. If you would like to read any of the resources reviewed, please contact our library at reference@lawsociety.sk.ca or (306) 569-8020. Let us know if there is a book you would like reviewed.

 

Book Review – Stikeman Income Tax Act Annotated 2014

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By Alan Kilpatrick

BkRevStikeman

Stikeman Income Tax Act Annotated 2014
By Richard Pound
Carswell, 2014
2606 pp.

 

The Law Society of Saskatchewan Library recently added the 2014 edition of the Stikeman Income Tax Act Annotated to its collection.  The library carries a complete set of annual annotated editions of this item back to 1975.  Carswell describes this book on its website,

Stikeman Income Tax Act Annotated (SITA) is a completely consolidated, annotated version of Canada’s federal Income Tax Act, Regulations and Application Rules.

SITA features full History annotations for each provision of the Act, including former readings. It includes Selected Cases annotations prepared by Richard Pound that concisely summarize judgments relevant to specific provisions of the Act.

All the newest draft legislation is fully indexed and annotated with detailed annotations for Related Provisions, Definitions, and Regulations. In addition, the Department of Finance technical notes are included for all draft legislation.

Please stop by the Law Society of Saskatchewan Library in Regina if you are interested in checking this item out. Call Number: KF 6499.ZA2.I36 2014.

 

In the Legal Sourcery book review, new, thought-provoking, and notable library resources are reviewed. If you would like to read any of the resources reviewed, please contact our library at reference@lawsociety.sk.ca or (306) 569-8020. Let us know if there is a book you would like reviewed.