Blogosaurus Lex

Question of the month from the Garvie Reading Room:

If material is on the internet, and there is no copyright symbol, is it available for anyone to use? Does it matter how it is used?

A work does not have to be marked with a copyright symbol to be protected by copyright. This means that the creator has the legal right to control the use of their creation. Sometimes a website will have a page titled “Terms of Use” or “Copyright” that will describe whether or not any material on the site can be reproduced and for what purposes as well as indicating how you can request permission to use it beyond those restrictions. Many creators make their works widely available by using a Creative Commons License which automatically grants permission to use the material under certain terms.

Copyright is a complicated issue and is frequently misunderstood. Here are a couple of ways to learn more:

The publication “Copyright Matters: Some Key Questions and Answers for Teachers” provides easy-to-read answers to such basic questions as: What is copyright? Why is copyright important? What does public domain mean? What is an exception? and “What material can be copied under the Copyright Act?

Also, the Canadian Intellectual Property Office provides succinct answers to sixteen Frequently Asked Questions about copyright as well as a link to more detailed answers in their 27-page book “A Guide to Copyrights”.

This background could also help you understand some of the impending changes to the rules.  The government has been working on copyright reform and recently introduced Bill C-32 with the short title “Copyright Modernization Act”. One source of information about this is a new Government of Canada website, Balanced Copyright. With so many Canadians using the internet and electronic media, there is much public interest in this bill. A good part of the discussion concerns whether the correct balance or compromise has yet been achieved between the rights of various stakeholders. Law professor and copyright activist Michel Geist blogs regularly about this issue. His post on June 3, 2010 introduces some of the immediate reactions to the Bill. Another active group can be found at Digital Copyright Canada.

The public is being encouraged to get involved in improving this law. See, for example, this post on Digital Agenda.ca and another site established by Michael Geist, “Speak Out on Copyright”.

The Women’s Court of Canada is a group of lawyers, academics and activists who have rewritten Supreme Court of Canada decisions in the spirit of substantive equality.

The WCC has launched a new website featuring their judgements, providing resources, and highlighting feminist organizations.

The site also features a blog where members comment on current cases and legislation.

I blogged about the WCC last summer when I interviewed WCC member Jennifer Koshan for CJSR’s Adamant Eve. You can listen to us speak about the WCC and about Newfoundland vs. NAPE here (to download audio, right click arrow icon and select “Save link as”).

The Women’s Law Forum of the University of Alberta hosted the  WCC last year. You can listen to the panel presentation, which featured Gwen Brodsky, Sharon McIvor and Melina Buckley, as well as Koshan, here.

Congratulations on the new site, WCC!

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Question of the Month from the Garvie Reading Room:

I’m having an issue with my utilities company. Who can I talk to?

If you have a problem with your utilities bill or other aspects of the service, begin by trying to resolve it with your provider. Use the contact information on your utilities bill. If it cannot be resolved in a phone call to the customer service representative, ask to speak to a supervisor, or write a letter outlining the problem and stating what you would like them to do about it. Keep track of the name of the person you contacted and when, and what the results were. This may be helpful if you need to take further action. These tips about how to complain effectively either by phone or mail may be helpful.

If this does not solve the problem, contact your provincial utilities commission or board. Their role is to regulate utility companies. Contact information for each province is given in the Canadian Consumer Handbook. Most of the boards are particularly concerned with issues related to utility contracts and have information pages or brochures about this posted on their websites. Some of the boards have information about the complaint process directly available on their website or under the Frequently Asked Questions section. For others, you will have to contact the office to learn about how they can help.

Question of the Month from the Garvie Reading Room:

We recently bought a home in an older area of the city. At first our neighbours seemed to be a pleasant older couple. Then they began yelling at our kids when they play in the backyard telling them to be quiet and to stop climbing on the fence. Now they have dropped letter in our mailbox complaining about all the toys and play equipment in our backyard being an eyesore. Don’t we have the right to do what we like in our own yard? I guess there’s not a law that tells people to mind their own business. How can I get them to stop hassling us?

It can be difficult to sort out disputes between neighbours. You are right that sometimes people can be quite obnoxious without actually breaking the law. One process that has worked in many such situations is called Community Mediation. The goal of such programs is to create a safe space where people can talk to each other as well as have some guidance to explore possible solutions and come to an agreement that works for everyone. To read a description of how a program like this works, see the Mediation and Restorative Justice Centre in Edmonton. Peacemakers Trust provides links to a variety of these programs across Canada.

Question of the month from the Garvie Reading Room:

I am thinking of buying an expandable baton to keep in my bed room for self- defense as I am already trained in them. Are they allowed in Canada? If I ordered one, would I have any problem getting it through customs?

As well as firearm restrictions, there are many other types of weapons that are completely prohibited in Canada. A list of them is provided by the Canada Border Services Agency. The list does include certain types of batons. For detailed descriptions of these items you can see their Memorandum D19-13-2: Importing and Exporting Firearms, Weapons and Devices (download the PDF and see section starting on p. 11 of 39). Questions about customs procedures for importing allowed items can be directed to the Border Information Service (1-800-461-9999).

Question of the month from the Garvie Reading Room:

 Is it ethical to change lawyers in the midst of a lawsuit? My current situation is at a standstill and I think I want to hire a more aggressive lawyer.

Changing lawyers is not so much a question of ethics as it is one of practicality. One needs to consider all of the consequences including cost, possibility of further delays and the question of whether a change will, in fact, be to your benefit (i.e. Can a new lawyer actually achieve any more than the first has done?) In sum, you are certainly allowed to change lawyers but will want to make a carefully considered decision about this.

The following information may be helpful as you consider this decision.

 The Family Law Toronto Information Resource (Birenbaum, Steinberg, Landau, Savin and Colraine LLP) has a frequently asked question on this topic: How do I change lawyers? Lawyers.com (a service of LexisNexis Martindale-Hubbell) has a short article titled “How to know when it’s time to change lawyers”.

 If you do decide to change lawyers, some suggestions of questions to ask when hiring a lawyer are provided by the article “Tips on hiring a lawyer” from CanLaw.

 Whether you stay with your current lawyer or make a change, you want to make the best use of the service they provide. A tip sheet “You and Your Lawyer” is published by Public Legal Education Service of New Brunswick.  Also, Law Help Ontario, a project of Pro Bono Law Ontario, provides a short video called “Working Effectively with your Lawyer”.

Our hot-off-the presses issue of LawNow for January, 2010 is entitled “The Law and the Olympics”. Included in the magazine is a great online law column by guest columnist Jodi Lommer, a practicum student from the Library and Information Science Faculty at the University of Alberta, listing websites with information about legal issues and the Olympics.

Shortly after the Law and the Olympics issue was printed, we came across a few more online resources relating to the Olympics. So the purpose of this post is to update our readers with some additional material:

• From Slaw (“a co-operative Canadian weblog about all things legal”), Simon Fodden writes about the Olympic Protester’s Legal Guide, published by Lawyers Rights Watch Canada (LRWC). This 43-page Guide begins with a short essay on Canadian civil disobedience and then, according to Simon

“…becomes intensely practical. For example, there’s counsel about whether it’s wise to wear a mask at demonstrations, what it’s useful to bring along to a demonstration, what to do if pepper spray is used against you, and even a small section on the new ‘sonic guns’ Vancouver police are equipped with. A long section gives sensible advice about dealing with the police, offering information about fundamental rights and at the same time down-to-earth examples of how they might apply in various situations.”

• From the BC Civil Liberties Association, readers can learn how to “make a difference during the 2010 Olympic Games.” One way to get involved is to become a Legal Observer:

“Legal observers are volunteers who represent the watching eyes of the BC Civil Liberties Association (BCCLA) during the 2010 Olympic Games in Vancouver. They will be focused on police, military and private security conduct to ensure accountability. More concretely, they will be observing major protests and other potential hot spots like Olympic venues and the Downtown Eastside. Legal observers will report observations back to BCCLA’s team of volunteer lawyers who are prepared to go to court to protect people’s rights where complaints cannot be resolved informally.”

Question of the Month from the Garvie Reading Room:

When do the police have the right to stop me? Do I have to answer their questions?

The foundation document that protects citizen’s rights is the Canadian Charter of Rights and Freedoms. Section 9 states: “Everyone has the right not to be arbitrarily detained or imprisoned.” This means that the police cannot stop you unless they have a good reason, for example, because they believe that you have broken a law. Section 10 describes the rights that Canadian’s have if they are arrested or detained.

Although the police need sufficient power to enforce our laws, they must do it in a way that is reasonable and respects people’s rights.

To understand how that plays out in a person’s interactions with the police, the following two resources are helpful.

The booklet “Police Powers: Stops and Searches” produced by Community Legal Education Ontario provides detailed answers about legal rights. It explains: “In most cases, if you are stopped and questioned by the police, you do not have to answer their questions, but it is a good idea to be polite.” It goes on to describe several good reasons to tell the police who you are. For example, you could avoid being arrested by showing that you are not the person that police are looking for.

Pivot Legal Society (Vancouver), a non-profit legal advocacy organization, produces “Rights Cards” on this topic. They explain the right to silence like this: “I can refuse to talk to police or answer their questions, unless I am in a bar or a cinema, driving a car, or they say I broke the law. In those cases, I must give my name, birthdate and address, or show my ID, but I do not have to say any more.” The card lists seven rights related to police activities and provides a “Statement for Police” that illustrates how to politely insist on respect for those rights.

This month’s question from the Garvie Reading Room:

My friend has written a will and has it saved on her computer. Is this a legal document?

No, the electronic file is not a legal document. In every province in Canada, a will must be signed by the testator (person who made the will) for it to be valid.

Read more about making a will in the various jurisdictions in Canada: BC, AB, SK, MB, ON, QC (Eng), QC (French), NB, NS, PEI, NL, NU, NT, YT

This first month on our blog seems to be all about introductions. As library technician at the Centre, two of my main roles are:

• the maintenance of the Garvie Reading Room, so called because it is a non-lending library collection (although you are welcome to come in and view materials).
• responding to many of the questions that come to the Centre by phone or e-mail.

I’d like to say a bit more about this second role.
Because of the variety of our legal information websites we are often contacted by people wanting more information on legal topics. When they hear that we do not offer legal reference services or legal advice, the question arises: “Then what do you do?” Read more…