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c/o The Honourable Justice Peter Bryson The Law Courts, 1815 Upper Water Street Halifax NS B3J 1S7 Thank you for your attention to this matter. Yours very truly, Marian F. Tyson QC, Deputy Minister FROM THE FEDERAL DEPARTMENT OF JUSTICE August 15, 2011 “Mega-Trials” legislation comes into force OTTAWA, August 15, 2011 – The Honourable Rob Nicholson, P.C., Q.C., M.P. for Niagara Falls, Minister of Justice and Attorney General of Canada announced today that most provisions of Bill C–2 the Fair and Efficient Criminal Trials Act have come into force. This new legislation will help ensure that so–called "mega-trials," large and complex cases involving illegal activities such as drug trafficking, white–collar crime, terrorism, organized crime or gang–related activity, can be heard more swiftly and effectively. The Fair and Efficient Criminal Trials Act will help improve Canada's justice system through: • stronger case management; • reduced duplication of processes; and, • improved criminal procedure. The Fair and Efficient Criminal Trials Act contributes to implementing the December 7, 2010, Air India Inquiry Action Plan, the Government's response to the Commission of Inquiry into the Investigation of the Bombing of Air India Flight 182. This Act will help ensure that large and complex cases can be heard more swiftly and effectively. The amendments related to increasing the number of jurors from a maximum of twelve to fourteen will come into force October 24, 2011. This will allow the Provinces and Territories, who are responsible for the administration of justice, to implement the infrastructure and other changes related to these provisions. An online version of the legislation is available at www.parl.gc.ca. Read the August 15 announcement. Minister of Justice announces members of the Supreme Court of Canada Selection Panel OTTAWA, August 5, 2011 – The Honourable Rob Nicholson, P.C., Q.C., M.P. for Niagara Falls, Minister of Justice and Attorney General of Canada, has announced the members of the Selection Panel to fill the vacancies at the Supreme Court of Canada as a result of the retirements of the Honourable Mr. Justice Ian Binnie and the Honourable Madam Justice Louise Charron. The retirements of Justices Binnie and Charron create two vacancies from the Ontario Region. The Selection Panel includes five Members of Parliament, including one from each recognized political party. The members of this Selection Panel are as follows: • Mr. Bob Dechert, Conservative Party of Canada • Ms. Candice Hoeppner, Conservative Party of Canada • Mr. Brent Rathgeber, Conservative Party of Canada • Mr. Joe Comartin, New Democratic Party of Canada • The Hon. Irwin Cotler, Liberal Party of Canada The mandate of the Selection Panel is to review and assess a list of qualified candidates created by the Minister of Justice and Attorney General of Canada in consultation with the Prime Minister, the Chief Justice of Canada, the Chief Justice of Ontario, the Attorney General of Ontario and other prominent legal organizations, including the Law Society of Upper InForum is an electronic newsletter published approximately twice a month. To receive a free subscription, please contact the Society at info@nsbs.org. 10 < Back to “What’s New”
August 15, 2011 Canada and the Canadian Bar Association. The Minister has also received public input with respect to candidates who merit consideration. In order to guide the activities of the Selection Panel and help ensure a full, balanced and objective assessment of the candidates, the Minister of Justice has indicated that the remainder of the selection process should proceed as follows: • The members of the Selection Panel will meet to review the résumés provided by each candidate as well as a number of reported judgments and publications; • The members of the Selection Panel will also consult with the Chief Justice of Canada, the Chief Justice of Ontario, the Attorney General of Ontario, the Law Society of Upper Canada, the Canadian Bar Association and, at their discretion, other prominent legal organizations; • All deliberations by panel members and consultations with third parties will be confidential; • The Selection Panel will provide an unranked list of six qualified candidates to the Prime Minister of Canada and the Minister of Justice for their consideration; • The Prime Minister and Minister of Justice will select two nominees from that list; • The two nominees will appear at a public hearing of an ad hoc parliamentary committee, a process that was first established for the appointment of the Honourable Mr. Justice Marshall E. Rothstein in 2006. Further information on the appointment process is available in the Statement from the Prime Minister issued on May 13, 2011. Access the online version, and read more in the August 5 announcement. For more news from Justice Canada, visit http://canada.justice.gc.ca. OTHER NOTICES CanLII and the Federation to defend free access to law at the Supreme Court CanLII and the Federation of Law Societies of Canada have been granted leave to intervene at the Supreme Court of Canada in SOCAN v. Bell et al., a copyright case to be heard later this year in which the Court will be asked to provide guidance on the meaning of “research” as a fair dealing user right under the Copyright Act. CanLII is a non-profit organization created and funded by the Federation of Law Societies of Canada, on behalf of its 14 member law societies. CanLII is also a member of the Free Access to Law Movement, which includes the primary stakeholders involved in free, open publication of law throughout the world. While the facts of the SOCAN case relate to online music previews and not legal research, the legal questions at issue include the meaning of “research” as a head of fair dealing and how, in the Internet age, courts should balance copyright holders’ interests with user rights. CanLII and the Federation will argue for a large and liberal interpretation of the term “research” as set out in CCH v. Law Society of Upper Canada and in several other subsequent cases Read more: - August 10 news announcement on www.canlii.org - CanLII's Factum - Court file While the ability of the Federation to provide free access to Canadian law through CanLII is not under immediate threat, CanLII and the Federation are concerned about the detrimental impact on access to law and justice that could flow from a narrow interpretation of “research” and from a restrictive approach to fair dealing rights in respect of copyright material. Leadership, volunteerism and advocacy are priorities for incoming CBA President Trinda L. Ernst QC of Kentville Trinda L. Ernst QC, of Kentville, will become national President of the Canadian Bar Association (CBA) on Aug. 16 when the chain of office is transferred from outgoing President Rod Snow of Whitehorse at the closing luncheon of the CBA’s Canadian Legal Conference. InForum is an electronic newsletter published approximately twice a month. To receive a free subscription, please contact the Society at info@nsbs.org. 11 < Back to “What’s New”
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