International Law

Congratulations

Posted on March 11, 2008
Congratulations to all the Candian law bloggers who made writer Gerry Blackwell's top ten list, published in this month's edition of Canadian Lawyer magazine.They are, as he puts it, "in no particular order:"Michael GeistLaw21 Law Firm Web StrategyeLegalSLAW The Bizop News Toronto Estate Law Blog Law is CoolLibrary Boy Rule of Law I regularly read many of these blogs, and they are indeed, fine selections...

On Eliot Spitzer, Briefly

Posted on March 11, 2008
While much of the U.S. media and various American law bloggers virtually fall over themselves to stretch for creative angles as to the various state and federal laws New York Governor Elliot Spitzer could be overcharged under as a consequence of his various liaisons with professional escorts, I have only one question: Did he use any public money when he dunnit?If not, this isn't much of a story at all...

Are Facebook "Background Checks" by Prospective Employers Legal?

Posted on March 11, 2008
Carole Elefant at Legal Blog Watch discusses the legality of the increasing use by prospective employers of Facebook "background checks" in their employee recruitment: ...[F]or those employers who can't resist peeking at social networking sites, Jennifer M...

Tasered Utah Man Wins $40,000 Settlement

Posted on March 11, 2008
Mike Nizza of The Lede reports that Jared Massey, a Utah man whose roadside tasering went viral on You Tube, has settled his damages suit with the Utah Highway Patrol for $40,000.00.A taser was fired twice at Mr. Massey by a highway patrol officer after the Utah driver refused to sign a speeding ticket...

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Gilligan's Mary Ann... Busted!

Posted on March 11, 2008
Last year, it was those scandalous stories about Marcia and Jan.Now, CNN reports that Mary Ann has been busted. Where will it end?If only James Curran knew...(By the way, is it impolite to note that "Mary Ann" is now 69 years old?)- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www...

Fired or Resigned or Not Too Sure at All

Posted on March 10, 2008
Supreme Court of Canada Declines to Weigh In On Parties' Duties in the "Employment Status Grey-Zone" When the Supreme Court of Canada dismissed his late client's application for leave to appeal last month in Britton v. Partners Graphic Support Service & Supply, employment lawyer Andrew J...

It Really IS Snowy Out There...

Posted on March 09, 2008
I understand that those of you who live in the Arctic (and less-civilized places, such as Montreal) think it's funny...But, boy, there sure is a lot of snow out there...- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCE

Animated Political Commentary

Posted on March 09, 2008
It is always refreshing to discover a blog that is trying something different.So check out LeDaro, a clever Canadian blog that features original, animated political satire using creative photo compositions that do all the author's talking.The example above is LeDaro's John McCain has a running mate...

License to Lie

Posted on March 09, 2008
Adulterous Italian women may now lie about their secret affairs without the fear of being guilty of perjury.BBC News reports that Italy's highest appeal court has ruled that married Italian women who commit adultery are entitled to lie about it to protect their honour...

Karlheinz Schreiber's Ninth Life Begins

Posted on March 09, 2008
While the Supreme Court of Canada declined last week to hear Karlheinz Schreiber's appeal against extradition to Germany, Mr. Schreiber will nonethless be permitted to temporarily remain in Canada .Minister of Justice Rob Nicholson issued the following statement last week: Statement by Minister Nicholson Following the Supreme Court of Canada's Decision Regarding Mr...

Lesson 1: How to Not Win an Argument

Posted on March 09, 2008
- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCE

Escape Fantasies For Lawyers and Other Snowed-In Canadians

Posted on March 09, 2008
Meet retired Toronto lawyer, Alvin Starkman, now operating a lovely B & B in Oaxaca, Mexico. He was profiled last week in a story by L.A.'s Jewish Journal: If you're heading down Mexico way, all the way down to Oaxaca, you should know about a bed and breakfast there called Casa Machaya...

The Democratic Presidential Nomination: Spinning The Rules

Posted on March 09, 2008
At times, Barack Obama sure looks like one skilled politician, particularly when it comes to working the media. Skilled, for a Democrat, anyways. I mention the Party in this context simply because Mr. Obama must have borrowed heavily from the Karl Rove playbook in developing and executing a communications strategy that, more often than not, has yielded a national media ready and willing to report the candidate's pure spin as hard fact...

Daydream on a A Snowy Saturday...

Posted on March 08, 2008
Remember to change your clocks tonight - spring is near...- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCE

Child Obesity and Child Custody

Posted on March 08, 2008
According to Public Health Agency of Canada, obesity rates among children and youth have nearly tripled during the last 25 years. There has been an alarming rise in the proportion of children at an unhealthy weight. According to the agency, it is an issue that affects children across the country and across diverse populations...

Solidarity with Pakistani Lawyers: Black Flag Week, March 9 -15, 2008

Posted on March 08, 2008
From an email received Friday: We are asking you to support and promote international solidarity for Black Flag Week, March 9 ?15, in Pakistan. Aitzaz Ahsan, the President of the Supreme Court Bar has called for using black flags at all rallies and meetings, and the lawyers in Pakistan will be distributing black headscarves and armbands...

Facebook "Study Group" Leads to Ryerson "Cheating" Allegations

Posted on March 08, 2008
Yet another local Facebook controversy is attracting international attention.Chris Avenir, an 18 year-old student at Toronto's Ryerson University faces possible expulsion for academic misconduct over his role as administrator of a chemistry "study group" on Facebook...

Britain Abolishes Blasphemy Laws

Posted on March 08, 2008
On Wednesday March 5, 2008, Britain's House of Lords formally abolished the United Kingdom's ancient common law against blasphemy.Highlights from Hansard of the Lords' debate include this distinguished, and oh-so-very-British speech from one Baroness Miller of Chilthorne Domer in support of abolition:I also remind noble Lords that this is the fifth time that this House has considered this issue...

Bits 'N Briefs

Posted on March 08, 2008
It was a busy news week, much of which I spent sneezing, sniffling and snoozing. Here, then, are some of the highlights of stories I didn't get to:Former Supreme Court of Canada Justice, Louise Arbour, will be stepping down from her role as United Nations Human Rights High Commissioner on June 30, at the end of her current four-year term at the head of the international human rights agency...

More Snow In Toronto

Posted on March 07, 2008
With another foot of snow (that's a lot of centimetres) possibly in store for our fair town this weekend, Red Tory nails it with this video:- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCE

California Same Sex Marriage Hearing

Posted on March 05, 2008
MSNBC reports:The U.S. gay marriage debate shifted to California on Tuesday, as the state's highest court heard more than 3 1/2 hours of arguments on the constitutionality of a voter-approved law banning same-sex marriage.Watch video of the proceeding from CalChannel: - Garry J...

Hillary Clinton's Ohio Victory Speech

Posted on March 05, 2008
A big night for Hillary Clinton with victories in Ohio, Rhode Island, and apparently Texas (which NBC has just called for Mrs. Clinton at 12:45 a.m.). Here's some of Mrs. Clinton's Ohio victory lap:- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www...

Question Period: Dion and Harper on Cadscam

Posted on March 04, 2008
Yesterday's Question Period in the House of Commons included a raucus debate on the Chuck Cadman affair and the Prime Minister's threats to sue Stephane Dion and other prominent Liberals for libel:The Prime Minister's threat of libel action stems from allegations byMr...

Joseph Wilson on Barack Obama

Posted on March 04, 2008
Summing up at the conclusion of a detailed critique of Mr. Obama, former Ambassador Joseph Wilson pulls no punches in Obama's Hollow "Judgment" and Empty Record, a March 2, 2008 article in Huffington Post: Obama's gyrations on Iraq, Afghanistan and Iran are not the actions of one imbued with superior intuitive judgment, but rather the machinations of a political opportunist looking to avoid having his fingerprints on any issue that might be controversial, and require real judgment, while preserving his freedom to bludgeon his adversary for actually taking positions as elected office demands...

British Teenager Wins Discrimination Award: Fired for Being Too Young

Posted on March 04, 2008
As mandatory retirement laws in the West fall by the wayside, will the practice of age-discrimination against the very young be next on the chopping block? A U.K. employment tribunal's decision lends credence to suggestion that it may well be.Times Online reports today:A 19-year-old woman who claimed that she was sacked for being too young has been awarded more than £16,000 in compensation after winning a ground-breaking case against her former employer...

B.C. Court of Appeal: No Fundamental Right to Civil Legal Aid

Posted on March 04, 2008
The British Columbian Court of Appeal expressly ruled yesterday that Canadians have no fundmental right to government-funded legal aid assistance in civil matters.Madame Justice Mary Saunders delivered the Court's Reasons for Judgment: which upheld the September 2006 dismissal of a B...

Common Law Spouse Challenges Quebec Civil Code

Posted on March 03, 2008
In accordance with the Quebec Civil Code, common law spouses separating in Quebec have few entitlements in comparison to the same group in other Provinces.At 35 percent, the Province of Quebec boasts the highest percentage of common law spouses in the Country, which is why the constitutional challenge of one Quebec resident may have a serious legal impact in the Province...

Virgina Supreme Court Upholds Country's First Spamming Conviction

Posted on March 03, 2008
Jeremy Jaynes earned the title of one of the ?world's top 10 spammers in 2003? by sending out up to 10 million spam emails a day according to authorities. Charged under the States? anti-spamming legislation , Jaynes was sentenced to 9 years in prison - the first anti-spamming felony conviction in the United States...

Guard to Louisiana Shopper: Remove Headscarf or Leave Mall

Posted on March 03, 2008
Foxbusiness.com reports the following unfortunate story:The Council on American-Islamic Relations (CAIR) today called on local, state and national law enforcement authorities to investigate a recent incident in which a Muslim woman was allegedly ejected from a Louisiana shopping mall for refusing a security guard's demand to remove her religiously-mandated headscarf, or hijab...

SPCA "Destroys" 1200 Roosters in Accordance with Canadian Law

Posted on March 03, 2008
An odd provision in the Canadian Criminal Code may cause more harm to animals than good. When 2 cockfighting rings were discovered on 2 different farms in the Surrey, British Columbia area, the SPCA, who seized the roosters, were forced to destroy the more than 1, 200 birds in accordance with section 447 (2) of the Canada Criminal Code which reads:(2) A peace officer who finds cocks in a cockpit or on premises where a cockpit is located shall seize them and take them before a justice who shall order them to be destroyed...

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