Any discussion of “vulnerable youth” must begin by defining the scope and meaning of that term. In this article, I include those persons under the age of 18 years who are particularly vulnerable to neglect, and/or harm of various sorts. Sometimes this is a result of poverty alone, and parental … [Read more...]
Vicarious Liability: The Legal Responsibility of Employers
“It is right and just that the person who creates a risk bears the loss when the risk ripens into harm.” - Bazley v. Curry, 1999 CanLII 692 (SCC) Introduction After the massive train derailment disaster last summer in Lac Mégantic, Quebec, the chief executive of the train company was roundly … [Read more...]
Copyright in the Classroom
Copyright, a category of intangible proprietary rights, has always been an important consideration in the delivery of Canadian primary and secondary education (“K – 12”). This is because K – 12 educators and students make up two prominent groups of copyright users - those who use the property of … [Read more...]
Common Misconceptions about Copyright
As an intellectual property lawyer, I am often consulted by creators of works protected by copyright. Here are five of the most common misconceptions I have encountered in my practice, and my comments on them:If a work is not marked with the © claim, it is not protected:Annotation of the … [Read more...]
Balancing Copyright and Privacy Rights
Many Internet users assume that they can surf the Internet and remain anonymous. Nothing could be further from the truth. Where serious harm is done by an anonymous Internet user the injured party is often able to compel third parties to disclose who the Internet user is.In Canada and other … [Read more...]
A Film Series: “Do the Rights Thing”
LawNow’s long-time Law and Literature columnist Rob Normey has been deeply involved in the development of a monthly film series called Do the Rights Thing: Standing up for Human Rights in History. The film series was developed by the John Humphrey Centre for Peace and Human Rights and is being … [Read more...]
Bench Press 38-4: Cabinet Ministers Breaking the Law
Several environmental groups took the federal ministers of oceans and fisheries and the environment to Federal Court seeking a declaration that they must act to protect endangered species. Madame Justice Anne McTavish granted them the declaration they sought. She noted that the Species at Risk Act … [Read more...]
Calling all Contributors! Write for LawNow Magazine!
LawNow is looking for volunteer contributors.If you share our enthusiasm and commitment to public legal education, consider writing on one of the topics in our Call for Contributors: Vol 39, or contact us with your own suggestions for themes, special reports, and columns.Topics outlined in … [Read more...]
Bench Press 38-4: Vampire Slayer Victim of a “cruel and unforgiving illness.”
Glen Race murdered two Halifax men in 2007. He pled guilty to both charges and then made an application to be found not criminally responsible (NCR). Mr. Justice Kevin Coady of the Supreme Court of Nova Scotia reviewed the law and the legal requirements for a convicted person to be found not … [Read more...]
Bench Press 38-4: “Ski Buddy” Liability
Mark Kennedy of Colorado died on a heli-skiing expedition when he fell into a tree well. His widow claimed that he had been paired with a “ski-buddy” who was contractually obliged to stay close to him, keep him in sight and assist or alert guides and other skiers if he saw that his buddy needed … [Read more...]
