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LawNow 39-6: The Top Court, Self-Represented Litigants

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the-top-court
Canada’s top court is a cornerstone of our Parliamentary democracy and the Rule of Law.  It has shaped our nation since 1875.

Volume 39-6 – July/August 2015

Table of Contents

Featured Articles: The Top Court
Special Report: Self Represented-Litigants
Columns

Featured Articles: The Top Court

Democratic Governance: The Constitution and Canada’s Branches of Government
Lorraine Snyder and Dustin Martin
In order to understand the role of Canada’s top court, it is necessary to understand how it fits within our Constitution.

The Supreme Court of Canada: A History
Hugo Vaillancourt
Canada’s top court has seen many changes since it was first created in 1875.

Judicial Review is Different from Judicial Activism
Charles Davison
Our judges have a duty to review the legitimacy of laws and strike them down if they are contrary to the Constitution.
The Nadon Reference: A Unique Challenge
John Edmond
The recent Reference re Supreme Court Act concerning nominated Justice Marc Nadon was unprecedented in Canadian judicial history.
Top Courts in the U.S. and Canada: A Comparison
Peter Bowal and Jacqueline Bowal

Our top courts reflect each country’s cultural and political differences as our comprehensive chart outlines.

Special Report: Self-Represented Litigants

What Self–Represented Litigants (Actually) Want
Sarah Burton
Here’s a novel idea:  why don’t we ask self-represented litigants what would actually help them!
Small Claims Court: A Venue Made for Self-Represented Litigants
Peter Bowal and Jacqueline Bowal
This court is specifically set up to assist people who want to represent themselves.
The Vexatious Litigant
Trevor Todd and Judith Milliken, QC
Sometimes, self-represented litigants can abuse or misuse the court system so that sanctions are necessary.

 

New Resources from CPLEA: Using Legal Tools to Discourage Elder Abuse

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Elder AbuseCPLEA is participating at the 2015 World Elder Abuse Awareness Day Proclamation Event at City
Hall today, June 15.
We are showcasing new resource materials (English and French) on how readily available legal tools can be used to discourage elder abuse. These legal documents include enduring powers of attorney, personal directives, guardianship and trusteeship.
The new resource materials include the Resource Manuals and eight short information sheets available for preview and download at: https://www.cplea.ca/
These resource materials are part of a CPLEA project, Let’s Talk: Elder Abuse funded by Employment and Social Development Canada.

"Can my boss do that?" New Employment Law Resources

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CPLEA has a collection of new resources on employment law for youth in Alberta.
Funded by the Human Rights and Multiculturalism Fund, this project was created as a way to connect new Canadians with information about their rights at work.
This project was guided in part by our previous research on Law for Alberta’s Multicultural Communities.
We spoke with newcomer youth and agencies that work with them to find out what information about employment law the youth and their families need. In many newcomer families, children act as intermediaries to pass on information, including legal information. When youth learn about their rights and responsibilities, they are not only empowered themselves, they are also able to pass the information on tCroco other people in their families and communities.
When talking with the youth we heard many different scenarios and most ended with the question “Can my boss do that?” The resources we created provide answers to that question.
A variety of formats, including infographics, videos, articles, and quizzes presents the information in interesting ways and allows us to reach people of different learning styles.
The collection of resources can be found on the CPLEA website: Your Rights at Work

LawNow 39-4: Vulnerable Children, Romance and the Law

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Volume 39-4

Table of Contents

Featured Articles: Vulnerable Children
Special Report: Romance and the Law
Departments
Columns
 

 Featured Articles: Vulnerable Children

All children are vulnerable; we know that. But some children face greater challenges than others, and the law can help these especially vulnerable little ones.

Age of Criminal Responsibility: An illusive dilemma
John Winterdyk
Different countries have different ideas about when children should face criminal responsibility for their actions. Where does Canada stand?
The International Charter on Prevention of Fetal Alcohol Spectrum Disorder
Egon Jonsson, Amy Salmon, and Kenneth R. Warren
The 2013 First International Conference on Prevention of FASD issued a Charter and a call for urgent action.
Aboriginal right – or wrong?
John Edmond
Two Aboriginal families in Ontario recently withdrew their children from chemotherapy.  Should traditional Aboriginal medicine take precedence over western medicine?
Transgender Youth: Everyday Items, Everyday Rights
Melissa Luhtanen
The task of protecting transgender youth in schools has begun.
Mitigating Children’s Involvement in Maritime Piracy
Carl Conradi
Some 10 to 20% of pirates captured in the Indian Ocean are under 18. This poses huge legal, ethical and operational challenges.
One Edmonton Youth in Conflict with the Law:  A Case Study
Stephanie Laskowski
An Alberta case of a “Mr. Big” operation where undercover officers coerced a murder confession from a youth demonstrates the risk of these tactics
 

 Special Report: Romance and the Law

Wedding Law: By the Authority Vested in Me…
Peter Bowal and Alexandra Brunet
The authority to perform weddings may be civil or religious and the laws about marriages vary only in small ways across the country.
The Engagement Ring: Whose Property is it?
Juliana Ho
Sometimes, the bride and groom don’t make it to the altar, and property they acquired together may cause even more grief!
Married vs. Common Law: What’s the Difference Anyway?
Brad Taylor
As it turns out, there can be some significant differences when it comes to tax treatment!
 

 Departments

Viewpoint
Ten Years – A Look Back At Bullying
Rob Frenette, O.N.B.
 

  Columns

Human Rights Law
The Role of the Organization of American States in Canadian Human Rights Law
Linda McKay-Panos
Family Law
Unilateral Relocations – Don’t Do it!
Sarah Dargatz
Employment Law
Mandatory Retirement: Not so Fast!
Peter Bowal and Logan Melville
Aboriginal Law
The Best Interests of the Aboriginal Child
Troy Hunter
Not-For-Profit Law
Is it Time for Oversight of Social Investments?
Peter Broder
A Famous Case Revisited
When Free Trade is Not Free: the Abitibi Case
Peter Bowal and Christopher Tang
Law and Literature
The Contemporary Progressive Political Novel: The Rotter’s Club
Robert Normey

 

New CPLEA website! Laws for Landlords and Tenants in Alberta

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L&T website
CPLEA is excited to announce the launch of our redesigned Laws for Landlords and Tenants in Alberta website.
The new website features a modern, streamlined design with enhanced searching capability and the same excellent plain language content that Alberta tenants and landlords have come to expect from CPLEA.
The new website also features CPLEA’s brand new tip sheet for tenants who have lost their jobs due to the economic downturn and dropping oil prices. If your Employment Ends… Laws for Tenants in Alberta explains what options tenants have if they can no longer afford their rent and want to move out early.
 
CPLEA’s Laws for Landlords and Tenants in Alberta program, including the redevelopment of the website, is generously supported by the Alberta Real Estate Foundation.

New Tip Sheet for Tenants: “If Your Employment Ends”

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With oil prices dropping significantly and Target closing its doors, thousands of Albertans have lost their jobs.If your employment ends tip sheet
Many thousands more are worried everyday that they could lose their job.
Here at CPLEA, we can’t fix the economy, but we can help people understand the law. We have created a new tip sheet for Alberta tenants who are having trouble keeping up with their rent due to the economic downturn. If your Employment Ends… Laws for Tenants in Alberta, explains what options tenants have if they want to move out early.
For Albertans who own their homes and are thinking of finding a tenant to supplement their income, CPLEA’s free booklet Renting out a Room in your Home provides key information on the laws surrounding such living arrangements.
 
CPLEA’s Laws for Landlords and Tenants in Alberta program is generously supported by the Alberta Real Estate Foundation.

Updated Canadian Legal FAQs on Living Together in Alberta

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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
 
 

LawNow 39-1 Looking at Criminal Law

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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

New resources on Family Law in Alberta

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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 Parenting, Financial Support, Property Division, Representing Yourself in Family Court, and Young Parents.
The booklets can be downloaded for free at www.cplea.ca/store

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.

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
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.

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.

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.

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

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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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Territory Acknowledgement

The Centre for Public Legal Education respectfully acknowledges that we are located across Treaty 4, 6, 7, 8 and 10 territories, and respects the histories, languages, and cultures of First Nations, Métis, Inuit, and all First Peoples of Canada, whose presence continues to enrich our vibrant community.