Travaillez-vous, ou faisiez-vous du bénévolat, avec des organismes communautaires francophones en Alberta?
Voulez-vous apprendre davantage à propos l’accès à l’information en français ?
Le Centre for Public Legal Alberta Education (CPLEA), grâce au financement fourni par Justice Canada, a creeé des ressources d’apprentissage qui expliquent, en langage clair, les droits des minorités de langue officielle. Plus précisément, CPLEA a développé une série de présentations PowerPoint 4 (visible en même temps ou dans des sessions séparées), qui comprennent quatre thèmes: les droits en matière de services gouvernementaux et des communications; les droits d’éducation, les droits concernant l’accès aux publications gouvernementales et de la législation; et les droits judiciaires. Les présentations comprennent une partie interactive (sous forme d’études de cas) où les participants peuvent appliquer les informations qu’ils viennent d’apprendre. Les présentations comprennent également un guide de l’instructeur, une FAQ, et une liste de ressources supplémentaires.
CPLEA est présentement à la recherche de réserver des séances de formation en janvier et février 2013. Ces formations peuvent avoir lieu en personne ou par des méthodes de conférences électroniques. Le dates exactes et les méthodes de présentation dépendra de la demande, la disponibilité, et les capacités techniques des participants.
Si vous avez des questions et / ou si vous souhaitez recevoir cette formation gratuite, soit en anglais out français, s’il vous plaît communiquer avec Carole Aippersbach à CPLEA. Tél: 780.451.3106. Courriel: carole@cplea.ca.
Mobile Phone Searches at School
Before I worked at CPLEA as a Program Coordinator I was a teacher. The school I taught in had a strict mobile phone policy. If a student was caught with their phone in class they would have it confiscated. The student would then have to pick up their phone at the end of the day from the Principal’s office.
I was talking to a former teaching colleague about an Edmonton school that went a step further and searched the contents of a student’s phone. My friend wondered if this violated the rights of the student.
Section 8 of the Charter of Rights and Freedoms ensures that everyone has the right to be secure against unreasonable search and seizure (which means that everyone has a right to expect a reasonable amount of privacy). Those that act on the behalf of the government, such as police officers, must act in a fair and reasonable way and usually need a search warrant to do a search.
In schools, the guidelines regarding privacy are a little less strict, as teachers and principals are responsible for student safety. Students are aware that they must comply with school regulations and as a result that they may be subject to searches.
It is sometimes appropriate for teachers and principals to search student property such as backpacks and lockers. Before the search, however, questions such as the following must be considered.
- Is there enough proof to justify the search?
- Is the search reasonable?
- Is the search carried out in a reasonable manner?
CPLEA created a series of lesson plans for schools about the Charter called You Decide: Charter Challenges. The teacher backgrounder that accompanies the lesson plans is an interesting read with more information about Charter rights in schools.
Do you have to tell your landlord if you're going on vacation?
You’ve been dreaming of that perfect vacation for months and it’s finally here: you can practically hear the surf hitting the shore and feel the sun warming your skin while the warm breeze lightly sifts through your hair. Then there’s a knock on your door, interrupting your holiday daydreams and bringing you back to the winter wonderland that is Alberta. Your landlord is at the door, wanting to know if the rumours she’s heard about you leaving tomorrow on a three week vacation are true. If you are leaving for that long, she tells you, then you were supposed to let her know in advance and the rent has to be paid now, instead of on the first of the month, because she wants to make sure that she has the money before you go out of town.
Does the landlord have the right to know when a tenant is going on vacation?
Can the landlord demand that rent be paid in advance of a tenant going on vacation?
Your landlord may have the right to ask for details regarding your vacation plans. The landlord would have this right if there is a term in the lease that provides that the tenant must inform the landlord of absences from the property. The reason that some landlords include this provision within the lease is usually for insurance purposes. Sometimes a landlord’s insurance policy will state that if the rental property is vacant or uninhabited for a period of time, then the insurance will lapse and the landlord would no longer have valid insurance on the property.
You may benefit from letting your landlord know of your absence too. If your landlord knows that you will be away, then the landlord may be willing to drive by the property to check on it, or may be willing to help you with sidewalk cleaning in the winter. Also, it’s a good idea to provide the landlord will the contact information for the person you have checking on the place or house-sitting for you, if you have made those arrangements with someone else. If there is an emergency, the landlord may need to get in touch with you or with the person you designate. If you do not have anyone else checking on the place for you, then you should make sure that the landlord has a reliable way to get in touch with you (and remember, you probably did not provide your landlord with your cell phone number when you moved in).
The landlord cannot demand that rent be paid in advance of the date that the rent is due. The rent is due on a specific day and at a specific time, and the landlord cannot unilaterally change that term without the tenant’s consent. Make sure, though, that you have a reliable way to pay your rent while you are gone. If you pay by cheque, how are you going to get the cheque to the landlord if you’re out of town? Do you have a reliable friend that could deliver the cheque for you? If you pay by email money transfer, do you know that you have a reliable and secure internet connection in the place you are visiting?
You’re probably going to have to clean a foot of snow off your car in the airport parking lot when you get back; you don’t need to be greeted with an eviction notice on your door too.
Tenant Rights When the Landlord Sells the Rental Property
There are few situations that bring home the somewhat tenuous nature of renting more than when the landlord puts the rental property up for sale. Does the tenant have any rights to object to showings? Does the landlord have to even tell the tenant that the place is being sold? Can the landlord end the lease early?
You can find the answers to these questions and more by going to our new publication What You Need to Know if the Place You are Renting is Sold.
FAQ: Does a landlord have to tell tenants if the property is sold?
Latest Issue of LawNow Magazine: Elections and the Law & Privacy Law
Free and fair elections are the cornerstones of democracies. This issue of LawNow examines elections law in Canada and around the world.
American and Canadian Election Laws
There are many differences between the U.S. and Canadian election laws. Here are our top 10!
Democracy After Post-Conflict Elections – Are we there yet?
Perhaps our hopes are too high. The reality is that post-conflict elections are often far from satisfactory.
Running for Office: A Candidate’s Journey
From theory to reality: a candidate’s journey through an election is both bruising and rewarding.
Riding the Election Cycle
Elections in Alberta follow a four-year cycle, and there is lots of work to do in between elections.
Electoral Finance Rules at Home and Around the World
There is consensus in Canada and around the world that strict electoral financing rules are necessary for democracy and transparency.
Special Report: Privacy Law
Special Report: Privacy LawPrivacy Law in Canada
There are many challenges to the right to privacy for Canadians: fortunately, we have committed and engaged privacy commissioners to help.
Intrusion on Seclusion: The Tort of Invasion of Privacy
The new tort of Invasion of Privacy has been created in Canadian law, aptly summarized as Intrusion on Seclusion.
Privacy Issues in Criminal Law
Nowhere is protection of personal privacy more important than in the realm of criminal law. The Canadian Charter of Rights contains important safeguards for Canadians facing criminal charges.
The Complexities of Privacy and Social Networking Sites
Facebook users need to know about the privacy challenges that can arise from the use of this popular social media site.
Departments
Viewpoint
Freedom from bias always your right
First Nations people can now seek equality other Canadians enjoy
Bench Press
Children and Cyber-bullying
What do We Mean by Public Standing?
A Task for Solomon?
Reid This: Police Tactic Oppressive
Columns
Human Rights Law
Sexual Harassment is a Continuing Issue in Canada
Family Law
Considering Custody
Law and Literature
Miss Julie’s Revenge, or Men Who Hate Women, Please Meet Lisbeth Salander
Employment Law
The Law of Embellished Credentials
Landlord and Tenant Law
Protecting Your Personal Information When You Rent
Not-for-Profit Law
Questioning Jurisdiction
What Ever Happened to … A Follow-up to Famous Cases
Roncarelli v. Duplessis
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Resources About Hoarding
I get the occasional question about tenants who are hoarders, and what rights the landlord has, and doesn’t have, to address this issue. The Residential Tenancies Act sets out the obligations that a tenant has, and one of them is to keep the premises reasonably clean. If the tenant is a hoarder, does that mean that the tenant has automatically breached the Residential Tenancies Act and can be evicted? The Access Review blog has tackled this question, and Sarah Eadie has wrote an informative blog post about human rights and accommodations.
Global TV Edmonton has also been covering the story of a family who is dealing with a mother who hoards. On their website, they have highlighted some of the services available in the province, and in Edmonton, to help.
Can a landlord charge a tenant for renovations?
I just got a question from a tenant. The landlord replaced all the windows in the rental property, and then gave the tenant a bill for half the cost of the renovations. Seriously.
The tenant doesn’t have to pay the landlord the money. There are some costs that are simply the costs of doing business, and maintaining the property by replacing windows is just one of many costs this landlord is going to run into.\
If the tenant had broken a window because, I don’t know, there was an intense game of indoor baseball going on, then yes, for sure, the landlord could charge the tenant for the repair and replacement of the window. Or the landlord could charge the tenant when the tenant moved, and keep some of the security deposit to cover the cost.
The Residential Tenancies Act doesn’t actually set out who is responsible for repairs and that’s why sometimes, there is confusion about what repairs the landlord can charge the tenant for, and what repairs the landlord can’t charge for. The common sense approach is that any “big” repairs are the landlord’s responsibility and “teeny tiny” repairs are the tenant’s responsibility. So, while the tenant can change the lightbulb, it’s the landlord that installs the new light fixtures when the old ones break.
There is also the Minimum Housing and Health Standards that can help us to decide who should pay for repairs. One of the landlord’s responsibilities is to make sure that the rental property meets these standards. The standards set out that the windows must be in good repair, free of cracks and weatherproof. So, if the windows in the property do not meet this standard, then it’s the landlord’s job to make sure that the windows get repaired or replaced. If the property is not being maintained, then the tenant can call Environmental Public Health and talk to an inspector about the problem that they’re having with the rental.
What should the tenant do? The tenant should tell the landlord, in writing, that they are not going to pay for the windows. The tenant could put in reasons why they aren’t paying (and while it might be tempting to write that you aren’t paying because the charge is ridiculous, it’s probably better to refrain). Hopefully the landlord will just go away at this point. If the landlord still insists on being paid, then there are three ways the landlord may react.
- The landlord could sue the tenant for half of the cost of the renovation. The landlord is going to have to convince a judge that the tenant should have to pay for the windows, which seems unlikely.
- The landlord could keep the security deposit when the tenant moves out. If the tenant doesn’t agree with a charge made against the security deposit, then the tenant can bring an application in Provincial Court or through the Residential Tenancy Dispute Resolution Service for return of the security deposit.
- The landlord could pass the bill to a collection agency. If the tenant is contacted by a collection agency, then the tenant can inform the agency in writing that the tenant is disputing the debt, and ask that the landlord prove the debt in court. If the tenant does that, then the collection agency cannot contact the tenant any longer. Service Alberta has a tipsheet about dealing with collection agencies.
In the meantime, the tenant might want to think about moving. If the landlord thinks that the tenant should pay for the windows, what else does he think the tenant should pay for?
The Supreme Court of Canada and the Case of Baby M
In school, we learn that the Supreme Court of Canada (SCC) is the ‘highest court’ in the land (and has been since 1949). We learn that lower court decisions can be “appealed” to the SCC, and we hear about all kinds of important decisions coming from the Court. But, for most of us, the exact process of getting to the SCC, and whether that is even possible, is a bit of mystery. Add to that the influence from television crime shows, which seem to imply that anything and everything can and should be appealed …. and it is no surprise that most of us a little fuzzy on the issue of appeals.
Yesterday, in Edmonton, the question of appeals to the SCC formed part of the most talked-about story of the day: Baby M. In that case, the Alberta Court of Appeal had decided that M should be taken off of life support. M’s parents asked the SCC to stay that decision (i.e.: keep M on life support) in order to give them time to apply to appeal the case to the SCC. The SCC refused.
So what does all of that mean?
Most cases come before the SCC in a formalized procedure, beginning with a judgment at trial, which is then appealed to a Court of Appeal. If the litigants are of the opinion that a mistake was made at the appeal level, then one or both may ask for ‘leave to appeal’ the matter to the SCC. This happens about 600 per year. This process of leave is a surprise to many people, who sometimes think that there is an automatic ‘right’ to appeal to the SCC. There isn’t (except for a few exceptions). And leave is not that easy to get: the SCC only grants it about 80 times per year.
During the leave process, a panel of SCC judges (usually 3) does a little mini-analysis to decide if it should even hear the appeal (so it a 2-step process). More specifically, the SCC applies the criteria found in the Supreme Court Act, which states that an application for leave to appeal may be granted if the case:
- raises an issue of public importance (in other words, the case must raise an issue that goes beyond the immediate interests of the parties to the case); and
- should be decided by the Supreme Court of Canada.
But surely the Baby M case is of public importance?
Well, yes. But the SCC can refuse leave if it feels that the law in question, as socially important as it may be, has already been decided (especially if it was previously examined by the SCC itself) and there is nothing else to say on the issue. Sometimes, however, even though the SCC has already made a decision about the topic in question, it will nonetheless grant leave. This can occur, for example, when the SCC feels that the fabric of society has significantly changed since it last gave a decision on the issue.
In this case, we were not yet at the “leave” stage per se. The court was being asked for a stay in order to give baby M’s parents’ time to apply for leave to have the case heard at the SCC. But, since the stay was denied, and Baby M died, there will now no longer be a case to hear, and no need to apply for leave.
Although individual Canadians may disagree on the outcome, I think that, as a group, we can all agree that it was both inspiring and comforting and to see the speed and thoughtfulness with which our court system responded in the case.
May Baby M rest in peace.
How to Find Good Legal Information Online
From time to time people call us looking for help finding legal information. Recently I spoke to a woman about an issue she was having with a tenant. We conversed for awhile before I realized that she was calling from Florida. Yikes! We provide Canadian legal information. She’s living under a whole different set of laws and a very different legal system. Her internet search had led her to us and she didn’t even realize that she was calling Canada. That’s the problem with the internet. Good information is available, but you have to be on your toes to check if it is relevant and accurate for your situation.
LawNow Magazine Officially Launches as a Free Digital Magazine
Today is a day to celebrate for LawNow staff, the Legal Resource Centre and the Centre for Public Legal Education Alberta. Today we launch the new, totally re-designed LawNow website. It is a day to share with you how very far we have come. In 1975, LawNow began as a short, small, black and white newsletter called Resource News with content entirely generated by Legal Resource Centre staff. It was targeted for law librarians and lawyers and it featured news of interest to the legal and library communities. By 1980 Resource News had evolved into a 24-page magazine and it began to feature articles about the law from contributors from outside the Centre, a major development. In 1989 a complete revamp of the magazine saw it re-christened LawNow. This new magazine featured lots of material from volunteer contributors, the use of photos and illustrations on the cover and inside, and even the use of colour. Only one colour, but still, colour!
Now, in 2012, LawNow is once again undergoing a transformation. We made the move to a digital-only format in 2010. At the time, it was due to budget constraints, but more and more we are feeling that digital publishing will be the way of the future and we are capturing that evolution at just the right time. And, just this year, we were able to offer LawNow free of charge. We are so excited about the possibilities that this opens up: the tremendous potential to raise our profile across the country, the schools, law firms, not-for-profit organizations and libraries we will be able to reach, and the thousands of new readers we can attract.
To help us celebrate, check out our latest issue; it’s all about sex and taxes! Our Feature examines the Canadian tax system and where to turn when you have a tax issue. Our Special Report looks at where sex and the law meet: prostitution, sex tourism, gender identity. Our regular columns provide practical information on a variety of topics, including human rights law, not-for-profit law, employment law, family law, and more!
If you’d like to receive notice when new content is published, sign up for LawNow email updates.
Visit www.lawnow.org to see what all the excitement is about!
Thanks for your support,
Teresa Mitchell and Kristy Rhyason