LawNow Volume 39-2 Vulnerable Families

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Featured Articles: Vulnerable Families

When families face troubled times, the law can guide and help.


The Calculation of Child Support: A Basic Guideline

Mark G. Jones

The Federal Child  Support Guidelines remove some of the uncertainty in calculating child support.

Legal Requirements When Travelling Abroad with a Minor

Magdalena Ganczak

Parents, whether married or not, worry about the rules when traveling with minor children, if the other parent is not along.  Here is information to help.

Under the Influence: Liquor Outlet Density and Domestic Violence in Alberta

Lana Wells and Alina Turner

There is evidence of a correlation between levels of family violence and the numbers and locations of liquor outlets.

Can Domestic Abuse Victims Qualify as Refugees?

Maciej Lipinski

A recent ruling in the United States has repercussions for a woman seeking refugee status in Canada.

The Unified Family Court: A Road-Tested Justice Strategy for Alberta

John-Paul Boyd

Could family court proceedings be made easier and less stressful for families if one court dealt with all aspects of family law?

 

 

Special Report: Unpaid Internships


Possibly, Maybe, Perhaps: Empty Promises Spell the Death Knell of the Unpaid Internship

Ana Kraljevic

A growing body of individuals have raised a clamour about unpaid internships, arguing that they are tantamount to exploitation.

Unpaid Internships:  The Views of a Survivor!

Grady Mitchell

This unpaid intern summarizes the good and the bad aspects of the experience.

Unpaid Interns have Little Protection under the Law

Stephanie Laskoski

The death of a young Alberta man has caused a second look at unpaid internships.

 

 

Viewpoint


When facing terror, there are limits to what law can achieve
Craig Forcese and Kent Roach

 

Columns


Human Rights Law
Why Canada should have a Museum for Human Rights
Linda McKay-Panos

Not-for-Profit Law
A helpful Guidance on Ineligible Individuals, but Questions Remain
Peter Broder

Family Law
Considering Jurisdiction in Interprovincial Custody Applications
Sarah Dargatz

Employment Law
Employees on Probation
Peter Bowal and Luke Stephenson

A Famous Case Revisited
Whatever Happened To . . . Can. Aero v. O’Malley
Peter Bowal and Francisco Etelvir Dantas Filho

Law and Literature
The Gallant Yet Illegal Cause: Canadians in the Spanish Civil War
Robert Normey

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Updated Canadian Legal FAQs on Living Together in Alberta

October 21st, 2014 Comments off

CPLEA has recently updated the information on Adult Interdependent Relationships at Canadian Legal FAQs.

In Alberta provincial law doesn’t use the term “common law” to describe two people who are living together but are not legally married. Instead, two people who are in a committed domestic relationship in Alberta can be in an Adult Interdependent Relationship (AIR).

Most people in AIRs are romantic partners, but the relationship does not have to be romantic to be an AIR. An AIR consists of two people who have been living together for a certain length of time, share one another’s life, function as an economic and domestic unit, and are emotionally committed to one another.

To learn more about AIRs, go to Canadian Legal FAQs or download and print this booklet about AIRs in Alberta.

 

Living together in Alberta - Adult interdependent relationships

 

 

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LawNow 39-1 Looking at Criminal Law

September 11th, 2014 Comments off

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Featured Articles: Looking at Criminal Law

Perhaps more than any other area of the law, criminal law is constantly evolving.


Recent Developments in Criminal Law

New laws abound as the government focuses on crime.  Are they all necessary?

 

The Crime of Counseling Criminal Offences

Could counseling a crime collide with the Charter right to freedom of expression?

 

How Criminal Records and Police Reports can Ruin Your Travel Plans

Your past might haunt your future travel plans if you don’t plan ahead.

 

Absolute and Conditional Discharges in Canadian Criminal Law

In certain circumstances, judges can use their discretion to allow an offender to avoid a criminal record.

 

Basic Facts in Federal Corrections

When assessing the state of the criminal law in Canada, it is useful to look at some basic facts about how our criminal justice system works.

 

Special Report: The Law and Luck


Canadian Regulation of Contests, Prizes and Games

There are lots of laws at both the federal and provincial level to help prevent Canadians from being fooled by contests and prizes.

 

Is Good Luck Taxable?

In Canada, Lady Luck Spurns the Taxman!

 

Turning a Loss into a Win

One disillusioned consumer pursued his sweepstakes grand prize all the way to the Supreme Court of Canada.

 

Departments


Viewpoint

Like hockey, Court’s ‘Mr. Big’ decision clarifies the rule book and the ‘code’

 

Columns


Human Rights Law

Prostitution Law in Canada: Will the Charter Dialogue Continue?

 

Not-for-Profit Law

U.K. Case Potentially Positive Step in Recognizing Human Rights Work as Charitable

 

Family Law

How is property divided at the end of a relationship?

 

Employment Law

Regulation of Employment Agencies

 

Landlord and Tenant Law

What is an offence under provincial renting laws?

 

Online Law

Talking to the Police

 

A Famous Case Revisited

Whatever Happened to … David Chen and Citizen Arrests

 

Law and Literature

A Tale of Two Lawyers

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New resources on Family Law in Alberta

August 26th, 2014 Comments off

CPLEA has created new resources on Family Law in Alberta in partnership with the Edmonton Community Legal Centre.

The Edmonton Community Legal Centre offers free legal information sessions on Family Law. You can find the schedule at www.eclc.ca/information-sessions.html

 

The five booklets in the series provide practical legal information on Child Custody and ParentingFinancial SupportProperty Division, Representing Yourself in Family Court, and Young Parents.

The booklets can be downloaded for free at www.cplea.ca/store

 

 

ChildCustodyandParenting

Child Custody and Parenting

This booklet explains the law and parenting in Alberta.

It has information about custody and guardianship, parenting plans, how to make agreements with the other parent, common problems and suggestions on how to resolve them.

 

 

FinancialSupport

Financial Support

This booklet explains the law and financial support when a relationship ends in Alberta.

It has information for people who were legally married and people who lived in a common law relationship.

 

 

 

Property Division

Property Division

This booklet explains the law and property division when a relationship ends in Alberta.

It has information for people who were legally married and people who lived in a common law relationship.

 

 

 

RepresentingYourselfinFamilyCourt

Representing Yourself in Family Court

This booklet explains how the legal process works in Alberta.

It has information for people who were legally married and people who lived in a common law relationship.

 

 

 

YoungParents

Young Parents

This booklet explains the law for young parents.

It has information about pregnancy, adoption, guardianship, living together, getting married, living apart and child support

 

 

 

Thank you to the family law legal service providers who reviewed the booklets and provided valuable feedback.

We gratefully acknowledge the Alberta Law Foundation for the funding that made this project possible.

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LawNow 38-6 Bench Marks: Cases that Change the Legal Landscape

July 14th, 2014 Comments off

Bench Marks: Cases that Change the Legal Landscape

Featured Articles: Bench Marks: Cases that Change the Legal Landscape


Some decisions our courts make carry the possibility of changing lives (same-sex marriage) and defining our institutions (the Senate).  This issue looks at a few of these “Bench Marks”.

Landmark Cases: Cases which have changed the Legal and Social Landscape of Canada
Some cases have had the effect of changing not only the legal but also the social landscape of Canada. Here is a look at a few of them.

The Increasing Importance of Reference Decisions in Canadian Law
Reference Decisions, from the Senate Question to the Nadon decision, are increasingly important in Canadian jurisprudence.

Supreme Court Reins in Social Credit
This 1938 case has echoed through history with its powerful support for freedom of expression and freedom of the press as necessary aspects of our constitutional democracy.

The Whatcott Case: Balancing Free Speech and Social Harmony
The Whatcott decision highlights the clash of Charter values when evaluating hate speech.

Special Report: Aboriginal Law


Indian Residential Schools: A Chronology
From 1755 to 2014: a timeline of the Residential Schools tragedy.

The Indian Act – Exemption from Taxation
Interpretations and court decisions have shaped the income tax rules for Canada’s aboriginal people.

Aboriginal Children and Child Welfare Policies
The Residential Schools program scarred generations of aboriginal children. Today, child welfare policies have the potential to cause damage too.

Departments


Viewpoint

A Bench Mark case indeed!

Ask a Law Librarian

Researching Aboriginal Law

Columns


Human Rights Law
Human Rights of Transgender Persons

Not-for-Profit Law
New Legislation Eases Moves Into or Out of Alberta for Not-For-Profits

Employment Law
Compassionate Care: A New Basis for Temporary Unpaid Leave from Work

Landlord and Tenant Law
Can a landlord charge a tenant for renovations?

Family Law
Protection Orders in Dangerous Circumstances

A Famous Case Revisited
Whatever Happened to … Childs v. Desormeaux: Killer Hospitality

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New FAQs on Consumer Protection in Alberta

July 10th, 2014 Comments off

What are collection agencies and collectors allowed (and not allowed) to do?

What’s the difference between an open credit agreement and a fixed one?

What information cannot be included in a credit report?

You can find the answers to these questions and more on Canadian Legal FAQs.
There can be a lot of questions when people are dealing with consumer issues. In Alberta, consumer transactions are governed under the Fair Trading Act.

The Act covers a variety of different areas and provides rules and regulations that set out what businesses can and cannot do in their interactions with consumers. It also provides a way for consumers to challenge a transaction with an offending business and to be awarded a remedy, such as cancellation of a transaction, payment of damages, and others.

Two major areas of focus of the Fair Trading Act are Collection and Debt Repayment and Cost of Credit Disclosure.

CPLEA has created new FAQs on Consumer Protection to help Albertans understand what the law says about:

 

For more information about organizations that can provide information and assistance around issues facing consumers in Alberta, check out CPLEA’s LawCentral Alberta.

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CPLEA talks CASL on Alberta Primetime

July 8th, 2014 Comments off

CPLEA lawyer Teresa Mitchell talked to Alberta Primetime about CASL, Canada’s new anti-spam legislation and what charities and non-profits need to know.

You can watch Teresa explain CASL and what charities and non-profits can do to ensure they comply with the new legislation.

For more information about CASL check out the new resources from CPLEA on Canadian Legal FAQs.

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Questions about CASL?

June 3rd, 2014 Comments off

Is your registered charity or not-for-profit ready for the Canada’s Anti-Spam Legislation (CASL)? Many organizations are concerned about ensuring they comply with the new legislation. Luckily, new resources from CPLEA can help!

CASL stands for Canada’s Anti-Spam legislation. This anagram is the unofficial name for a new law recently passed by the Parliament of Canada. The official name of the law is “An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act (“The Act“).

CASL comes into force on July 1, 2014. Because it is a federal law, it will apply to not-for-profit organizations and registered charities across Canada.

CPLEA has created new FAQs and resources to help registered charities and not-for-profits understand and comply with CASL. Check out the website to for information on:

 

While the unofficial title of the Act targets spam, it is actually much broader in scope. CASL deals with commercial electronic messages (CEMs) and it regulates a broad range of activities including:

  • unsolicited commercial messages such as emails, texts and tweets;
  • hacking, malware and spyware;
  • “phishing” and other fraudulent or misleading practices;
  • invading privacy through a computer; and
  • collecting email addresses without consent.

Registered charities and not-for-profit organizations may discover that many of the communication tools that they have routinely used over many years will now be subject to the provisions of this Act. The new information and resources from CPLEA will help organizations prepare and cope with the coming changes.

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Organ Donation – make those wishes clear!

April 24th, 2014 Comments off

For those of you who have read our booklet about Personal Directives, or attended one of our seminars about this issue, you already know that in order to donate your organs you have to plan for it and you have to give written permission.

In other words, your Agent (that’s the person you’ve nominated to make your personal decisions for you once you no longer can) cannot consent to organ donation unless you have given him/her written instructions to do so.

Until yesterday, there were two ways to do that in Alberta: sign the back of your healthcare card and/or put the instructions in your Personal Directive.

This week, the Government of Alberta announced a new way – an online organ donation registry.

The Alberta Organ and Tissue Donation Registry is already up and running. To register you have to provide your health care number and your birth date. You will then be asked if you wish to donate all of your organs and tissues, or only certain ones.

But, it does not end there.

Once you have completed these first few steps, you will be asked to print off a legal consent form, which you must then sign, have witnessed, and mail in. This second part of the process is essentially meant to meet the criteria of needing written permission. Presumably, it is intended as a form of security to ensure that no one other than you made the choice for you (and possibly without your knowledge).

The question then arises, what happens if you don’t send in the legal consent?  Presumably, when the time comes, your Agent will argue that filling in the online form should be enough. However, if there is another loved one who happens to oppose organ donation, s/he may try to argue that there has not been valid consent..

For example,  a person who opposes the decision to donate could say that it was not you that filled in the online form, or that you no longer had capacity when you filled it in. What would happen next?  Hard to say. Generally, the law likes evidence…and if you have people willing to fight the issue, the question of evidence will be of great importance. (Remember – at this point you will no longer be able to clarify).

So what can be done to maximize the chances of your wishes being carried out? A few ideas include:

  • sign the back of your Alberta health care card (even though your wishes might be recorded elsewhere);
  • register online and remember to mail in the consent form (and consider keeping a copy for your files); and
  • write a Personal Directive (PD) and include your wishes in it as well.  Including your wishes for organ donation in your PD  has a few additional bonuses:
  • In a PD you can add additional thoughts you have on the matter. For example, whether you want to donate your organs after brain death, or only after cardiac death.
  • In a PD you can explain more about exactly what you want and why you want it. While you are writing the PD, you can have a family meeting and discuss these thoughts and wishes your with loved ones. All of this, will make it easier for your Agent when the time comes to actually consent to the harvesting of your organs.Remember, at the moment of the decision, your Agent probably won’t have either your health care card or the online form in his/her hand, and s/he may need proof to show to anyone opposing the decision.  Having and hearing the additional information may also help family members to better understand your decisions (and perhaps make it less likely they’ll be opposed?)

So make those wishes clear. Your loved ones will be glad you did!

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Law Day Alberta

April 23rd, 2014 Comments off

Law Day Alberta 2014

Learn more about the Canadian justice system.

Click on your city to discover the Law Day activities in your community.

Dial-a-Lawyer

Do you need legal advice and can’t make it out to your local courthouse on Law Day?  Call our toll-free number and speak to one of our lawyers for a free 15-20 minute consultation.  If we cannot answer all of your questions, we will refer you to other resources which might help you.

Call our toll-free number, 1-888-644-8950, on Saturday, April 26 between 10am and 3pm to ask a lawyer your legal questions for FREE!!!

Dial-a-Lawyer is an initiative of CBA Alberta’s Access to Justice Committee and the following partners:

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