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.
LawNow Vol. 41-2 Nov/Dec 2016
Criminal Justice is achieved through the dedicated effort of many players and it must protect all who come in contact with it.
Volume 41-2 Nov/Dec 2016
Table of Contents
Featured Articles: Criminal Justice
Special Report: The Law in Challenging Economic Times
Departments
Columns
Featured Articles: Criminal Justice
The Law of Sexual Assault in Canada
Charles Davison
The law of sexual assault in Canada covers a wide range of situations and an infinite variation factors.
Understanding the Criminal Trial Process
Caroline Wawzonek
The criminal trial process is centered on preventing the tragedy of locking up an innocent person.
Solitary Confinement: “Abandon Every Hope, Ye who Enter”
Stephanie Laskoski
The United Nations has singled out for condemnation Canada’s use of solitary confinement. It is time that as a nation, we acted.
Looking at Mental Health Courts: Should Alberta Pursue Them?
Nicole Trach and Dr. Austin Mardon
Accused persons with mental illness could benefit from alternatives to the traditional criminal justice system.
Legalizing Marijuana Use in Canada: Some Concerns
Hasna Shireen
The federal government has lots of issues to consider as it approaches this important change to Canadian law.
Special Report: The Law in Challenging Economic Times
Legal Responses to the Financial Crisis of 2008 in Canada, the United Kingdom and the United States
Marjun Parcasio
If there is anything that swells the size of a statute book, it’s a financial crisis! Here is a look at how three countries reacted.
How the Economy Influences Bankruptcy and Vice Versa
Doug Hoyes
We know that insolvency rates will rise following an economic downturn and increased unemployment.
Paying Other People’s Taxes
Hugh Neilson
Directors of companies, whether profit, or non-profit, should know that the Canada Revenue Agency can collect GST/HST and other source deduction arrears from them in some circumstances.
Business Succession Planning is an Investment in the Future
Mark Borkowski
It is precisely when economic times are challenging that business owners should think about succession planning.
Departments
Benchpress
Teresa Mitchell
New Resources at CPLEA
Teresa Mitchell
Columns
Family Law
Sarah Dargatz
Obtaining Evidence in High Conflict Parenting Disputes – Part 2
Human Rights Law
Linda McKay-Panos
Genetic Discrimination is being Addressed in CAnadian Human Rights Law
Landlord and Tenant Law
Judy Feng
Here are Some Things to Consider Before You Host your Holiday Party
Not-for-Profit Law
Peter Broder
A Political Activities Update for Charities
Criminal Law
Melody Izadi
When Sexism Hits the Fan: how Female Defence Counsel are Put On Trial Because of their Gender
Law and Literature
Rob Normey
Stalin the Magician
LawNow Vol. 41-1 Sept/Oct 2016
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.
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
LawNow Vol. 40-6 July/August 2016
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.
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
CPLEA Welcomes New Executive Director
Effective July 1, 2016, Jeff Surtees joins the Center for Public Legal Education Alberta as Executive Director.
Jeff grew up in Saskatoon, Saskatchewan where he attained his Bachelor of Commerce (Economics) and Juris Doctor degrees. Jeff has been a member of the Law Society of Alberta since 1991. In private practice, Jeff helped clients resolve disputes in a wide variety of legal areas through negotiation, mediation and through court processes.
Jeff has worked extensively in the non-profit sector, first as Regional Development Manager and National Planned Giving Specialist for Ducks Unlimited Canada, then as Vice President of People and Corporate Counsel for World Skills Calgary 2010 and most recently as Chief Executive Officer and Corporate Counsel for Trout Unlimited Canada. Through those roles, Jeff has gained expertise in non-profit management, strategic planning, government relations, risk management and fund development.
Jeff has been a regular volunteer with Calgary Legal Guidance and the Calgary Drop In Centre and has served on the boards of directors of several non-profit organizations.
After July 1, you can reach Jeff at : jeff @ cplea.ca or (780) 451 – 5285
Announcement
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
LawNow Vol 40-4 Mar / April 2016
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.
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
LawNow Vol 40-3 Jan/Feb 2016
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.
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
- Autism, Homeopathy and Custody
- Well-Drafted Waivers
- A Traffic Ticket Odyssey
- 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
Nov/Dec 2015 Issue of LawNow now available online
This year, Canadians across the country have had an opportunity to see an original copy of Magna Carta. From June until the end of 2015, the “Great Charter” and its companion document, England’s Charter of the Forest, has been on exhibit in four Canadian cities. The Magna Carta will be in Edmonton at the Legislative Assembly of Alberta Visitor Centre: Nov. 23, 2015 to Dec. 29, 2015. For more information, visit http://www.magnacartacanada.ca and http://www.durhamcathedral.co.uk/
The Nov/Dec 2015 issue of LawNow explores the relevance of this foundational document to today’s Canada.
Volume 40-2 – November/December 2015
Table of Contents
Featured Articles: Magna Carta
Special Report: Laws of Interest to Older Adults
Departments
Columns
Featured Articles: Magna Carta
Magna Carta: The Great Charter
Dr. Carolyn Harris
The Magna Carta of 1215 is one of the most significant historical documents in the English speaking world.
How Magna Carta Came to Canada
Suzy and Len Rodness
We were asked: “Would your country be interested in hosting an original copy of Magna Carta if a loan could be arranged?” We answered: “Of course!”
Suzy and Len Rodness
We were asked: “Would your country be interested in hosting an original copy of Magna Carta if a loan could be arranged?” We answered: “Of course!”
The Emergence of Legal Culture: 800 Years of Western History
Peter Bowal
Magna Carta was the foundational document for centuries of progress in human rights in Canada and around the world.
Magna Carta Informs Our Criminal Law
Charles Davison
Magna Carta ended arbitrary prosecution and imprisonment on the whim of the sovereign, and established this fundamental principle for criminal law today.
Magna Carta: A Guide for Educators
Nathan Tidridge
Nothing can replace the experience a student will have when they come face to face with the faded parchment and King Edward’s ancient royal seal of Durham Cathedral’s Magna Carta.
Special Report: Laws of Interest to Older Adults
Older Adults Face Complicated Tax Decisions
Caitlin Butler and Joe Devaney
Canada’s tax code includes programs, credits and benefits that can make navigating their taxes a complicated process for older adults.
The Estate Administration Act: The Law Has Changed
Sherrilynn Kelly
Alberta has a new Estate Administration Act, and personal representatives have new obligations and new guidance.
Powers of Attorney
Doris Bonora
Powers of Attorney can help prevent family feuds!
Departments
Viewpoint
David Butt
Why our Justice System Works
Bench Press
Teresa Mitchell
Talking to Siri and Till Death Do Us Part?
Columns
Family Law
John-Paul Boyd
Parental Alienation: Part Two
Debtor and Creditor Law
J. Douglas Hoyes
How Debt Can Impact your Ability to Sponsor an Immigrant to Canada
Human Rights Law
Linda McKay-Panos
Human Rights Issues Behind the Niqab
Employment Law
Peter Bowal and Chris Sotiropoulos
Defining Bad Behaviour by Employees
Criminal Law
Melody Izadi
Protecting Canadians from the Protecting Canadians from Online Crime Act
Aboriginal Law
Caroline Wawzonek
Let’s Take a Hard Look at the First Nations Financial Transparency Act.
Law and Literature
Rob Normey
Responses to the Despair of the 1930s
Meet CPLEA's New Staff Lawyer!
CPLEA is pleased to introduce Judy Feng as our new full-time staff lawyer!
Judy obtained her law degree from the University of Alberta and was admitted to the Alberta Bar in 2015. Prior to joining CPLEA as a staff lawyer, she summered and articled in private practice in Edmonton.
During law school, Judy participated in the Faculty’s Competitive Moot Court Program and volunteered with Pro Bono Students Canada and the Edmonton Community Legal Centre. She also worked as a summer student at the Centre for Constitutional Studies, where she honed her skills in interpreting legislation and writing plain language articles on constitutional and administrative law. Her articles have been used in curriculum development and the United Nations Universal Periodic Review on Human Rights.
Judy completed her Commerce degree at the University of British Columbia and International Studies Diploma at Sciences Po Paris. Prior to law school, she worked at the Justice Education Society of BC where she organized community outreach programs and prepared grant applications. She is fluent in Cantonese, conversational in Mandarin and has studied Advanced French.
Judy will be leading CPLEA’s Laws for Landlords and Tenants program as well as phase two of the Condominium Education Project.