The Lawyers Weekly - June 25, 2010

Controversial

ADMINISTRATIVE BOARDS GET NEW CHARTER POWERS

Highlights

TURF WAR

CRISTIN SCHMITZ OTTAWA

Copyright Act
reforms a
boon for legal
‘industry’
Civil servants who make
certain tax decisions
need not be lawyers,
says Quebec’s top court

PAGE 2

VICTORY FOR VICTIMS

Proposed Copyright Act reforms will help some businesses and hurt others, but the IP Bar is one “industry” that is sure to profit— whether the bill passes or not.

Providing advice to clients affected by Bill C-32 before MPs start studying the amendments next fall—and keeping track of the moving target as various industries, educational institutions, consumers and others press for tweaks or major changes—will keep copyright lawyers busy in the coming months, says Montreal’s Helene Deschamps-Marquis of the business and information technology groups at Blake Cassels & Graydon.

“For now it involves a lot of
work for us because a lot of our
clients want to know what the
law is about, and maybe have an
official position with respect to
the law,” explains Deschamps-
Marquis. “For us that means
memos and conference calls, but
I am not sure yet if it’s going to
result in more agreements, or in
major modifications to the com-
mercial agreements already in
place, because a lot of [the bill’s]
concepts are already in the com-
mercial agreements, or in the
way industries have been acting
so far.”
Deschamps-Marquis sug-
gested the bill’s strong new pro-
tections for technological pro-
tection measures (TMPs) could
entice some U.S. or other foreign
companies to set up new busi-
nesses here, or collaborate with
Canadian partners. “If they feel
that we now have more protec-
tion, they might be more inter-
ested in distributing their prod-

See Copyright Page 26

Nova Scotia triples
its auto insurance cap

PAGE 9

Toronto lawyer Marlys Edwardh was counsel for the appellant in a landmark Supreme Court decision expanding Charter jurisdiction to more administrative boards and tribunals.

PAUL LAWRENCE FOR THE LAWYERS WEEKLY

See story on page 3
SEX IN URSING HOMES
How facilities handle
intimate relations
SCC upholds mandatory publication bans on bail hearings

PAGE 15

DEAN JOBB

The Supreme Court of Canada has upheld the mandatory ban on publishing information produced at bail hearings, a ruling that bolsters the rights of criminal suspects but is seen as a setback for media access and the principle of open courts.

In an 8-1 ruling released June 10, the court concluded that suspects seeking pre-trial release should not be forced to spend time and effort fighting a secondary battle for a publication ban on information that could undermine their right to a fair trial.

Writing for the majority, Justice Marie Deschamps stressed that bail hearings can disclose prejudicial information about defendants—their bad character, previous criminal records, suspicions of their involvement in other offences—that will likely be

“The ban prevents full public access to, and full scrutiny of, the criminal justice process…Although not a perfect outcome, the mandatory ban represents a reasonable compromise.

released without explanation— Justice Deschamps said the need to protect the liberty rights of defendants must take precedence.

“The ban prevents full public
access to, and full scrutiny of,
the criminal justice process,”
she acknowledged. “Although
not a perfect outcome, the man-
datory ban represents a reason-
able compromise.”
At issue was a defendant’s right,
under a provision added to the
Criminal Code in 1976, to obtain a
publication ban of all information
and evidence presented at a bail
hearing, including the submis-
sions of counsel and the reasons
behind the judge’s ruling. The
hearing is held in open court and
journalists can still report whether
bail was denied or granted and the
conditions placed on those
released. And while the ban is
temporary— it expires when char-
ges are dismissed or a defendant is

See Bail Page 5

FASHION
Fashion do’s and dont’s
for the office this summer

PAGE 22

BRAND
Tips for managing your
online brand

PAGE 22

inadmissible at trial.

And while the sweeping ban even prevents the media from reporting the judge’s reasons for granting or denying bail—often sparking public outrage when offenders charged with murder and other violent crimes are

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