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Home / Archives for Blogosaurus Lex

LawNow Vol 42-2 Nov/Dec 2017

November 2, 2017 By CPLEAadmin

Answers to top questions about the law to help make your life a little easier.

Volume 42-2  Nov/Dec  2017

Table of Contents


Featured Articles: Top 5 Legal Questions
Special Report: Access to Justice
Departments
Columns
 
 

Featured Articles: Top 5 Legal Questions

What Do I Have to Tell the Police if They Stop Me?
Charles Davison
It depends on why they’re asking you to stop and what you’re doing at that moment.
What Do I Do With My Tenancy if I’ve Lost My Job?
Centre for Public Legal Education Alberta
Laws for tenants in Alberta if their employment ends.
Police Records Checks – What Can They Disclose?
Heather Forester
Understanding how information in a screening tool may be a barrier to equal opportunity.
What You Should Do if You are Injured in a Car Accident
Donald L. McFarlane
A handy list of steps to take if you are in a motor vehicle collision.
Can I Leave Someone Out of My Will?
Donna L. Gee
The difference between those who you can cut out of your will and those you can’t.

Special Report: Access to Justice

Defending the Court Challenges Program
Carissima Mathen and Kyle Kirkup
A powerful symbol of commitment to Canada’s Constitution
Public Interest Law Clinic at the University of Calgary
Christine Laing and Drew Yewchuk
The forces shaping access to justice are shaping the future of legal practice and education.
Supreme Court of Canada Endorses A New Approach to Self-Represented Litigants
Sean Sutherland and Cassie Richards
Strict application of court rules against a self-represented litigant may lead to injustice.

Departments

BenchPress
Aaida Peerani

Viewpoint
Elected Municipal Officials Must Be Careful About Conflicts of Interest
Peter Bowal and Kyle Meema
New Resources at CPLEA
Lesley Conley

Columns

Criminal Law
Melody Izadi
First Comes Trump Hat, Then Comes Racism
Employment Law
Peter Bowal and Lindsay Thorburn
Bad Behaviour 2.0, Part 2: Employees Getting Away With…
Environmental Law
Jeff Surtees
How Are Off Road Vehicles Regulated in Alberta?
Family Law
John-Paul Boyd
Conflict Between Parents, Part 3: More Strategies to Reduce Conflict, Active Listening and Looping
Famous Cases
Peter Bowal and Thomas D. Brierton
Whatever Happened To…Stinchcombe and Crown Disclosure of Criminal Evidence?
Human Rights Law
Linda McKay-Panos
Justice for Victims of Corrupt Foreign Officials Act: Canada Seeks to Hold Foreign Officials Accountable for Human Rights Abuses
Law and Literature
Rob Normey
A Not Insignificant Death: The Grass is Singing
Not-for-Profit 
Peter Broder
Charity Federal Regulatory Round-up

Filed Under: Blogosaurus Lex

LawNow Vol 42-1 Sept/Oct 2017

September 8, 2017 By CPLEAadmin

Leaving a legacy is no simple matter. Planning ahead is the best way to ensure that you maximize the benefit to your families and loved ones even after you’ve kicked the bucket.

Volume 42-1  Sept/Oct  2017

Table of Contents


Featured Articles: Wills and Estates
Special Report: The Senate
Departments
Columns

Featured Articles: Wills and Estates

“Have You Heard the One About The Canadian Who Died Without a Will?”
Kathy Hawkesworth
Harness “will power”; light-hearted twist on a serious topic with five excuses and rebuttals.
People Always Told Me, Be Careful What you Do: Wills and Dependency Legislation
Fred R. Fenwick QC and Andrea MacLean
Struggles and balancing of interests inherent in Alberta’s wills and dependency legislation.

Round Two: Blended Families and Estate Planning
Mandy England
Issues commonly arise when estate planning for blended families.
Inheritance Issues in Bankruptcy
Doug Hoyes
When someone files for bankruptcy, he/she surrenders all non-exempt assets including inheritances.
Death and Taxes: When the Certainties Collide
Christie Hoem-McNall and Hugh Neilson
As the cliché goes, the only certainties in life are death and taxes. When the former occurs, the Personal Representative of the Estate must address the latter.
Setting Up Wills and Trusts
Doug Surtees and Amanda S.A. Doucette
To understand your choices in estate planning, it is essential to understand the difference between a will and a trust.
Mental Capacity Has Different Meanings in Different Contexts
Donna L. Gee
Capacity in a will-making is not the same as the capacity to make decisions concerning personal care, health and managing one’s financial affairs.

Special Report: The Senate

A Renewed Senate That Works for Canadians
Senator Peter Harder
Remodelling the Senate to build a more independent institution.
The Senate Reference: Supreme Court of Canada Outlines Constitutional Road to Reform
Katherine Creelman
Parliament finds out how it can change or abolish the Senate.
An Insider’s Look at Senate Committees
Marjun Parcasio
The work of Senate Committees is often undervalued and overlooked.

Departments

BenchPress
Aaida Peerani

Viewpoint
Peter Bowal and Ahmed Zaid
Scoring NAFTA: The United States Trounces Canada in Investor-State Disputes
New Resources at CPLEA
Lesley Conley

Columns

Criminal Law
Melody Izadi
Reminder: Beyond a Reasonable Doubt is a Pillar of Our Justice System
Employment Law
Peter Bowal and
Bad Behaviour 2.0, Part 1: Employees Getting Away With…
Environmental Law
Jeff Surtees
A River Runs Across It: Solving Trans-Border Disputes over Water
Family Law
John-Paul Boyd
Conflict Between Parents, Part 2: Protecting Children From Conflict
Human Rights Law
Linda McKay-Panos
Interveners in Human Rights Cases
Law and Literature
Rob Normey
Leonardo Padura, The Man Who Loved Dogs
Not-for-Profit 
Peter Broder
What’s Fair?

Filed Under: Blogosaurus Lex

LawNow Vol 41-4 Mar/Apr 2017

March 6, 2017 By CPLEAadmin

Canada’s Aboriginal children have been and continue to be among our most vulnerable citizens.

 Volume 41-4  Mar/Apr 2017

 Table of Contents


Featured Articles: Aboriginal Children
Special Report: Innovations in Legal Services
Departments
Columns
 

Featured Articles: Aboriginal Children

Aboriginal Child Protection and Dual Citizenship: Membership has its Benefits
Troy Hunter
Aboriginal children often have dual citizenship in one or more Indian bands. This complicates things!
The Missing Children Project
Stephanie Jansen
Thousands of Aboriginal children are missing or unaccounted for. The Truth and Reconciliation Commission wants to know what happened to them.
The Canadian Human Rights Tribunal Decision and the Jordan Principle
Edward Apolonio
How long must Aboriginal Children wait to receive funding equal to other Canadian children?
Envisioning an Indigenous Jurisdictional Process
Janice Makokis
Onion Lake Cree Nation is undertaking an Indigenous law-making and governing process.
The “Sixties Scoop”: A Dark Chapter in Canadian History
Rachel Shabalin
The Ontario Superior Court of Justice has delivered a decision on the devastating effects of the ‘60s Scoop of Aboriginal children

Special Report: Innovations in Legal Services

Technology, the Legal System and Legal Services
Lois Gander Q.C.
Changes in technology have made it possible to think in entirely new ways of addressing the law, legal information and legal services.
Exploring New Frontiers for the Delivery of Legal Services in Canada
Amer Mustaq
Canadian lawyers are learning that they can’t practice law in the same old ways.
Current Trends in Technology for the Provision of Legal Information
Scarlett Chan
There is a lot going on in the interface of law and technology. Let’s explore what’s out there.

Departments

Benchpress
Teresa Mitchell
Viewpoint
Fairness for Children: Canada’s Challenge
New Resources at CPLEA
Lesley Conley

Columns

Creditor and Debtor Law
Doug Hoyes
Student Loans under the Bankruptcy and Insolvency Act
Criminal Law
Melody Izadi
Oh, S***! Court of Appeal Rules on One Man’s Bowel Movements and Charter Rights
Employment Law
Peter Bowal and Roger Ferneyhough
Cumulative Cause: Part 2
Environmental Law
Jeff Surtees
Who’s the Boss? Jurisdiction over the Environment in Canada
Family Law
John-Paul Boyd
Obtaining Evidence in High Conflict Parenting Disputes, Part 4: Parenting Coordination
Famous Cases: Whatever Happened to…
Peter Bowal and Michael Carroll
Keystone XL and NAFTA Revisited
Human Rights Law
Linda McKay-Panos
Pregnancy Discrimination Remains an Issue
Law and Literature
Rob Normey
1984 and None Turn Back: Two Timely Novels
Not-for-Profit Law
Peter Broder
For Charities, Partisanship Could Be Dangerous Sailing

Filed Under: Blogosaurus Lex

LawNow Vol 41-3 Jan/Feb 2017

January 13, 2017 By CPLEAadmin


Canada’s transgender community needs and deserves full human rights protection.

 Volume 41-3  Jan/Feb 2017

 Table of Contents


Featured Articles: Transgender Issues
Special Report: Canada’s Judiciary
Departments
Columns

Featured Articles: Transgender Issues

It’s Time to Enshrine the Rights and Protections of Transgender Canadians
Senator Grant Mitchell
A Bill presently before the Senate of Canada will deliver long-awaited protections for Canada’s transgender community.
Transgender Protection in Provincial Human Rights Codes
Peter Bowal and Sydney Smith

Supporting Transgender People in the Workplace
Melissa Luhtanen
In Alberta employers must protect against discrimination and harassment based on gender identity.
Canada is Working to Create Inclusive  Environments for Transgender Athletes
Rachel Corbett
A guidance document by the Canadian Centre for Ethics in Sport sets out an overall philosophy of full inclusion in developmental and recreational sport.

Special Report: Canada’s Judiciary

Scrutinizing the Bench:  Judicial Appointments in Canada, and England and Wales
Marjun Parcasio
Canada’s judicial system is modelled on the United Kingdoms’ but there are differences in how we select our judges.
Continuing Education for Canadian Judges through the National Judicial Institute
Adele Kent
Canadian Judges  work hard to keep abreast of developments in the law, hone their courtroom skills and deepen their understanding of the people who come before them. They also share their expertise with judges around the world.
The Appointment of Supreme Court of Canada Justice Malcolm Rowe
Drew Yewchuk
Recently, a Question and Answer session introduced newly selected Justice Malcolm Rowe to invited participants, and through them, to the Canadian public.
When Will We See an Aboriginal Justice on the Supreme Court of Canada?
Matthew Wolfson
Canada’s aboriginal people are still without Supreme Court of Canada representation.

Departments

Benchpress
Teresa Mitchell
Viewpoint
David Butt
New Resources at CPLEA
Teresa Mitchell

Columns

Aboriginal Law
Troy Hunter
A More Appropriate Name for British Columbia is “New West Lands Reserve.”

Criminal Law
Melody Izadi
Lockdowns and Liberty
Employment Law
Peter Bowal
Cumulative Cause: Part 1
Environmental Law
Jeff Surtees
What is Environmental Law and Why is it Hard to Understand?
Family Law
John-Paul Boyd
Obtaining Evidence in High Conflict Parenting Disputes, Part 3: Views of Child Reports and Parenting Assessments
Famous Cases: Whatever Happened to…
Peter Bowal and Kaiden McIntyre
The Story of Linda Gibbons

Human Rights Law
Linda McKay-Panos
Human Rights and Poisoned Work Environments

Law and Literature
Rob Normey
A Long Way from Plato
Not-for-Profit Law
Peter Broder
Keeping at Arm’s Length

Filed Under: Blogosaurus Lex

Renting Basics Guide

November 2, 2016 By Lesley (Program Coordinator)

CPLEA has developed the Renting Basics Guide, a new easy read guide to renting in Alberta. You can download the guide for free at the CPLEA store. Educators, settlement agencies and community organizations are welcome to order print copies of the guide while supplies last.
CPLEA’s Laws for Landlords and Tenants in Alberta program is generously supported by the Alberta Real Estate Foundation.

Filed Under: Blogosaurus Lex

LawNow Vol. 41-1 Sept/Oct 2016

August 31, 2016 By CPLEAadmin

Representing yourself in court is a daunting task. This issue of LawNow offers some suggestions for success.

 

 Volume 41-1  Sept/Oct 2016

 

Table of Contents

 


Featured Articles: Self-Represented Litigants
Special Report: Media and the Law
Departments
Columns

Featured Articles: Self-Represented Litigants

Self-Represented Litigants have Mountains to Climb!
Owen Le Blanc
Self-Represented litigants present a host of challenges to some of the core assumptions of our legal system.

Your Self-Representation Road Map: Five Steps to Success
Devlin Farmer
Representing yourself can be hard work.  Here is some practical advice about how to get through it.

Hurdles for Self-Represented Litigants in Small Claims Court
Amer Mushtaq
Small Claims Court seems ideal for claimants to represent themselves, but there are still rules and procedures to follow.
Being Self-Represented can be Taxing!
Owen Le Blanc
Canadians can represent themselves in Tax Court and some help is available.
Representing Yourself at the Alberta Appeals Commission for Worker’s Compensation
Lynn Parish
There is help available for self-represented injured workers to guide them through the appeals process.
The Law of Costs and the Cost of Law
Peter Bowal and John Rollet
Even if you choose to represent yourself in court, you should be aware of some of the expenses involved.

Special Report: Media and the Law

Journalists Feel the Chill in a Changing Media World
John Cooper
Libel chill in today’s media can mean that important and controversial stories may not be told.
Freedom of Expression, Publication Bans and the Media
Linda McKay-Panos
Publication bans balance freedom  of expression and freedom of the press against the public’s right to know about judicial proceedings.
Kent v. Postmedia: The Largest Individual Defamation Award Given in Alberta
Kent Jesse
Defamation cases rarely go to trial in Alberta and even more rarely is the Plaintiff granted substantial damages. Arthur Kent changed that.
Bieber and Beachclub: What is Defamation in the Social Media Era?
Matt Gordon
In pop culture and the law, social media is everywhere. A careless tweet can amount to defamation.

Departments

Benchpress
Teresa Mitchell

Columns

Family Law
Sarah Dargatz
Obtaining Evidence in High Conflict Parenting Disputes – Part 1: Lawyers for Children
Human Rights Law
Linda McKay-Panos
Gender Equality in Canadian Politics
Debtor and Creditor Law
Doug Hoyes  
Divorce and Bankruptcy Law in Canada
Landlord and Tenant Law
Judy Feng
Having Problems with another Tenant?
Employment Law
Peter Bowal and Lora Walsh
Legal Remedies at the Human Rights Commission
Not-for-Profit Law
Peter Broder
Prevention and Relief of Poverty
Criminal Law
Melody Izadi
No Warrant to Swab Your Genitals? No Problem!
Famous Cases
Peter Bowal and Mark Kelndorfer
Whatever happened to…. R. v Oakes?
Law and Literature
Rob Normey
The Extraordinary Criminal at the Heart of The Man Without Qualities

Filed Under: Blogosaurus Lex Tagged With: media and the law, Self-represented litigants, social media

LawNow Vol. 40-6 July/August 2016

June 28, 2016 By CPLEAadmin

Canada has joined a small group of countries and U.S. states with an assisted dying law.  This issue looks at the new law and how Canada came to this enormous change in social, health and legal policy.

 Volume 40-6  July / Aug.  2016

Table of Contents


Featured Articles: Medical Assistance in Dying
Special Report: Students and the Law
Departments
Columns

Featured Articles: Medical Assistance in Dying

Medical Assistance in Dying: From Rodriguez to Bill C-14
Juliana Ho
Much has changed in Canada since the Supreme Court of Canada turned down Sue Rodriguez’ plea for help to end her life.

A Global Perspective on Assistance in Dying
Ashley Ferguson
Canada had the benefit of looking at some other countries and U.S. states when drafting its own law about medically assisted dying.

Medical Assistance in Dying: An Enormous Change in Canadian Social Policy
Teresa Mitchell
Here is a look at the most important features of Canada’s Medical Assistance in Dying Act.
Medically Assisted Death Offers Options
Charles Davison
Medical Assistance in Dying creates the opportunity for Canadians to choose their  responses  to grievous health situations.
Critiques of Assisted Dying
Peter Bowal and Paulami Saha
When the sanctity of life is displaced by a culture of respectable voluntary death, this change in attitude could eventually disrupt the personal autonomy of the  living.

Special Report: Students and the Law

Students and Income Tax: It Can Be a Good Thing!
Gunnar Rawe
Students can benefit from many different provisions in the Income Tax Act.
A-Loan in the Dark
Elizabeth Chen
Students should always read the fine print.  What you don’t know can hurt you!

Departments

Benchpress
Teresa Mitchell

Columns

Family Law
Sarah Dargatz
Changes to Child Support Applications
Human Rights Law
Linda McKay-Panos
Same-Sex families in some Canadian Provinces Still Face Discrimination Challenges
Debit and Creditor Law
Doug Hoyes  
What Types of Proceedings Can You file Under the Bankruptcy and Insolvency Act?
Not-for-Profit Law
Peter Broder
Bad Scholarship?
Criminal Law
Melody Izadi
The Production of Cell Tower Records Breaches Canadians’ Privacy Rights
Famous Cases
Peter Bowal and James Rose 
Rasouli:  Withdrawal of Medical Treatment
Law and Literature
Rob Normey
Stranger than You Can Imagine
takes the reader on a Tour of the Tumultuous 20th Century

Filed Under: Blogosaurus Lex

Announcement

April 7, 2016 By CPLEAadmin

To our valued stakeholders and partners:
Effective June 30, 2016, Amelia Martin will be resigning from her position as Executive Director of the Centre for Public Legal Education Alberta for family reasons. CPLEA’s Board of Directors wishes to publicly thank Amelia for the tremendous contribution she has made to the organization. Amelia’s commitment to social justice and the various roles law can play in promoting fairness and inclusiveness has been outstanding. We will miss her leadership and steady hand at the organization’s helm. We wish her all the very best and look forward to working with her again in the future.
Gordon McKenzie
President, Centre for Public Legal Education Alberta

Filed Under: Blogosaurus Lex

LawNow Vol 40-4 Mar / April 2016

March 2, 2016 By CPLEAadmin

40-4-IndexPagePhoto
 

Volume 40-4 Mar / Apr 2016

Table of Contents


Featured Articles: Municipalities and Environmental Law
Special Report: The Truth and Reconciliation Commission
Departments
Columns
 

Featured Articles: Municipalities and Environmental Law

Unleashing the Environmental Power of Municipalities
Brenda Heenan Powell
A new Municipal Government Act for Alberta could substantially boost the powers of municipalities to protect the environment.

Municipalities Leading the Way on Environmentalism
Ben Henderson
All across Canada, municipalities are using the Municipal Green Fund to make a difference to the environment.

In Praise of Urban Forests
Mike Rosen
Provincial laws make it possible for cities to build communities with trees.
Common Neighbourhood Disputes and Resolutions
Melanie Webber
Neighbours should always talk first and complain to City Hall if that fails.
The Municipal Government Board
Peter Bowal
Learn the difference between LARBs and CARBs as we walk you through the most powerful of municipal boards.

Special Report: The Truth and Reconciliation Commission

Era of Reconciliation: A Sacred Relationship
Troy Hunter
The Truth and Reconciliation Report stresses what we have long known: we are all in this together.
The Indian Residential Schools: A Timeline
John Edmond
The chronology of the residential schools spans centuries and generations.
Truth and Reconciliation is Canada’s Last Chance to Get it Right
John Ralston Saul
Canada’s Indigenous peoples have been patient: now we must act.
Calls to Action: The Truth and Reconciliation Commission Report
John Edmond
The Truth and Reconciliation Commission Report made 94 recommendations. They will require action from multiple levels of government, institutions and even the Pope!

Departments

Benchpress
Teresa Mitchell
Gonzo Language!, Representative Juries, and A Tough Spot

Columns

Landlord and Tenant Law
Judy Feng
Shared Accommodation Problems: What Can a Tenant Do?
Family Law
John-Paul Boyd
Dealing with Pets After Separation: Part 1
Human Rights Law
Linda McKay-Panos
The Canadian Human Rights Tribunal Sets the Stage for First Nations’ Discrimination Cases.
Employment Law
Peter Bowal and Nicole Bowal
Sometimes, Re-instating an Employee is in No one’s Best Interests.
Criminal Law
Melody Izadi
Making a Mockery of the Justice System
Law and Literature
Rob Normey
The Best We Can Do: A Famous British Trial as Chronicled by a Murder Mystery Writer.
Famous Cases
Peter Bowal and Aleksandar Gvozdenovic
Scandalous Criminal Allegations: The Miazga Case

 

Filed Under: Blogosaurus Lex

LawNow Vol 40-3 Jan/Feb 2016

January 5, 2016 By CPLEAadmin

Protecting Children
Sometimes, the state needs to step in to protect children and support families.

Volume 40-3 January / February 2016

Table of Contents


Featured Articles: Protecting Children
Special Report: The State of our Jails
Departments
Columns
 

Featured Articles: Protecting Children

An Overview to Child Intervention Services in Alberta
Amanda Baretta
Child and Family Services in Alberta will intervene when children need protection.

Privacy Considerations for Families
Riley Gallant
Interventions by Child and Family Services are a sensitive matter and families need to have their privacy protected.

Signs of Safety
Heather D. Malaryk
Signs of Safety is a promising new child protection casework practice being implemented in Alberta.
Litigating Deaths of Children in Care
Avnish Nanda
A shocking number of children have died in care in Alberta.
Marriage Breakdown Affects Taxes and Child Benefits
Christie Hoem-McNall
There are lots of tax issues that arise if you have children!

Special Report: The State of our Jails

Prisoners and Work
Linda McKay-Panos
Employment and work programs are important to help integrate prisoners back into society.
Aboriginal Offenders
Charles Davison
Aboriginal people make up a disproportionate number of Canada’s prisoners. We need to examine why.
Solitary Confinement
Juliana Ho
Solitary confinement can be immensely damaging to prisoners.

Departments

Bench Press
Teresa Mitchell

  1. Autism, Homeopathy and Custody
  2. Well-Drafted Waivers
  3. A Traffic Ticket Odyssey
  4. Names in Japan
Columns

Landlord and Tenant Law
Judy Feng
Renting Out Your Condo: Six Facts You Need to Know
Family Law
John-Paul Boyd
Responding To Childrens’ Refusal to Visit After Separation – Part 3
Debtor and Creditor Law
J. Douglas Hoyes
Superintendent of Bankruptcy Changes Designation to Licensed Insolvency Trustee

Human Rights Law
Linda McKay-Panos
Human Rights Protection Added for Transgender Identity
Employment Law
Peter Bowal and Jordan Smith
The Law of Leafleting and Picketing
Criminal Law
Melody Izadi
Ontario Court of Appeal says the Police Can’t Climb in your Window!
Not-For-Profit Law
Peter Broder
The “No Gifts to Unqualified Donees” Rule
Law and Literature
Rob Normey
The Peterloo Massacre and The Mask of Anarchy
Famous Cases
Peter Bowal, Enza Rosi, and Christopher Tang
Lac Minerals v. International Corona Resources

 

Filed Under: Blogosaurus Lex

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