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

 

 

Share

LawNow 39-1 Looking at Criminal Law

September 11th, 2014 Comments off

391Banner

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

Share
Categories: About Us Tags:

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.

Share

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

Share

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.

Share

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.

Share
Categories: Public Legal Education Tags:

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.

Share

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!

Share

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:

Share

The Neighbour Series Part 4: Shooting at Magpies

April 22nd, 2014 Comments off

The television series Friends was an iconic show that, oddly enough, touched on some interesting law-related issues.  In seasons 5 there was an episode where Phoebe and her police-officer boyfriend were rudely awakened by a squawking bird.  Phoebe’s boyfriend nonchalantly pulled out his gun and shot the bird, much to her dismay. magpie

We know many people that have considered treating pesky magpies in this manner: especially in the spring, when they so loudly protect their nests, and feed their young with the babies of other birds. But what would happen if one were to do this in Alberta?  Would it be a violation of any bylaws? Or criminal laws even?

What birds are protected?

The starting point for figuring out if you can shoot a bird is to look to see if there are any laws protecting birds.

In Alberta, the federal Migratory Birds Convention Act and the Migratory Birds Hunting Regulations combine to protect the majority of birds.  The Alberta Guide to Hunting Regulations further explains which birds a hunter needs a license to shoot.  A non-exhaustive list of exceptions to this licence rule includes birds like magpies, pigeons, and crows.

But even if you shoot one of these exempt birds you have to be mindful because you might be caught violating one of many firearm laws.

What levels of government govern firearm laws?

The federal government, provincial governments and individual municipalities all have laws governing firearm use.  The federal government regulates firearms through the Firearms Act and Part III of the Criminal Code of Canada. These laws work together to ensure that firearms are properly registered and used safely.

The provinces have the power to make laws governing hunting, and they have often used this power to govern firearm use.  In Alberta, firearm use in the province is regulated by the Alberta Wildlife Act.  This Act covers multiple issues including the prohibited use by minors unless under the supervision by a guardian or someone similar (section 31(1)).

At the municipal level many cities have crafted bylaws controlling firearms within their limits.  For example, section 9 of Edmonton’s Public Places Bylaw outlaws the possession and firing of any weapon capable of shooting a projectile in public places, and in Strathcona County there is a bylaw that prohibits the use of firearms within the urban area.

So can I shoot that annoying magpie?

Whether or not you can shoot that annoying bird will largely depend on where you live.

Under certain circumstances you can discharge a properly registered firearm on your property if you live on a farm where there aren’t any bylaw or safety issues.

This becomes less likely if you live in a densely populated area. For example, section 86(1) of the Criminal Code prohibits careless use of a firearm and section 52(1) of the Alberta Wildlife Act prohibits discharging a firearm within 200 yards of an occupied building under most circumstances.  Finally, your city or town might also have bylaws that regulate the use of firearms. Some even apply when on private land like in Strathcona County.

Other solutions

Just because you can’t simply shoot that annoying bird carte blanche, that doesn’t mean that there are not some viable solutions. Across the province, there are many cities that employ animal control officers to assist in dealing with pests like birds.  For example, in Edmonton there is the Animal Care and Control Centre. They can help you legally trap pest animals such as skunks, porcupines, squirrels, ground squirrels, magpies, and crows on your own property.

Crows and magpies can be particularly annoying.  Alberta Fish and Wildlife explains that they will eat anything and it is important to keep garbage secure or they may venture on your property.  You can also trim your trees until the cover they provide is too thin to provide protection for larger birds or use frightening devices like scarecrows or hawk kites.

So you may want to think twice before shooting that annoying bird because you may end up doing more than just ruffling a few feathers.

This is a guest post by Cameron Mitchell, a third year law student who is volunteering with the Centre for Public Legal Education Alberta.

Share