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The Friday Brief

The Friday Brief: Editor’s must-read items from this week

Friday, October 08, 2021 @ 3:31 PM | By Peter Carter


Peter Carter %>
Peter Carter
Here are my picks for the top stories we published this week.

Decision shows courts will hold Crown to high standard in engaging with Indigenous nations: scholar
The Federal Court of Appeal has slapped the wrists of the federal government on its engagement with Nunavik Inuit over the hunting of polar bears. The move comes as a result of the 2016 decision by then-Minister of the Environment and Climate Change Canada (ECCC) Catherine McKenna to amend the total allowable take (TAT) of polar bears under the terms of the Nunavik Inuit Land Claims Agreement (NILCA), which covers the offshore region around northern Quebec and northern Labrador. 

Top court’s fall session replete with weighty constitutional cases and far-reaching civil appeals
The Supreme Court of Canada’s fall session is dominated by criminal law cases, raising constitutional questions on such issues as defence disclosure in sexual assault cases, intoxicated automatism, speedy trial “ceilings” and the scope of the right to counsel.

 Plaintiff treated differently by cops on basis of ‘vindictive spurned woman’ stereotype, court rules
The Ontario Superior Court of Justice has ordered “fresh discovery” of two police officers in a decision that highlights the use of the “sexist stereotype of a vindictive spurned woman” and stresses the importance of civility between counsel.

Quebec passes ‘most consumer-friendly privacy law’ in Canada, lawyer says
Quebec has introduced sweeping changes to its privacy regime, making it the most consumer-friendly privacy law in Canada by giving individuals much greater control over their privacy while compelling private and public sector organizations to implement onerous prescriptive obligations that will be challenging to fulfil within two years, according to privacy experts.

A judicial weapon to fight cyber terrorists: The privacy injunction
The Canadian Centre for Cyber Security identified two prominent types of ransomware in its September 2021 awareness series: Ransomware: How to prevent and recover (ITSAP.00.099): Crypto ransomware, which removes access to your files by replacing them with encrypted data; and, locker ransomware that blocks the login access on your device.

Peter Carter is an Analysis Editor at The Lawyer's Daily