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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

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.

 

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

 

March/April 2014 Issue of LawNow: Language and the Law

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LawNow Mar/Apr2014: Language and the Law

Featured Articles: Language and the Law

The choices we make in language – words, even punctuation – can shape legal results.

Comma Law
Peter Bowal and John Layton
Sometimes, for want of a comma, the lawsuit is lost!
You Can’t Do or Say That: Constraining Individual Conduct in a Public and Commercial World
Hilary Findlay
Morality clauses in contracts use language to describe unacceptable conduct and both parties to the deal have important interests in what the words say.
The Intersection of Law, Language and Culture
Carole Aippersbach
In Canada, the question of ‘language rights’ is a very important part of our legal landscape.
Quebec’s Need for Cultural and Linguistic Protection, the Notwithstanding Clause and the Demise of Meech Lake
Rob Normey
Quebec’s language laws operate in tandem with laws designed to protect Quebec’s culture.
The Multicultural Family Law Facilitator’s Project
Nayanika Kumar
This project addresses one Canadian city’s response to a crisis in (mis)interpretation in Canadian courts.

 

Special Report: Disabilities and the Law

A Progress Report of Disability Rights since the Charter 
Marjun Parcasio
Much progress has been made on the legal rights of the disabled since the Charter became law in 1982, but much could still be done.
Meaningful Access: Students with Learning Disabilities Strive to be Included
Melissa Luhtanen
One British Columbia family fought all the way to the Supreme Court of Canada to clarify the law on learning disabilities.
Tax Assistance for Persons with Disabilites
Joseph R. Devaney
Canada’s Income Tax Act has a number of provisions for tax benefits for disabled Canadians and their caregivers.
Persons with Disabilities and the Law – Resources for Research
Alberta Law Libraries
Librarians at Alberta Law Libraries can help with research into many aspects of disability law.  Just ask them!
 Departments

Viewpoint
Mothering with Disabilities
Shahnaz Rahman 

Columns

Human Rights Law
Freedom of Association and Collective Bargaining: Are the Justifiable Limits?
Linda McKay-Panos
Not-for-Profit Law
Organization Launched to Foster Canadian Charity Law
Peter Broder
Employment Law
Insubordination and Dismissal
Peter Bowal and Laine Robson
Landlord and Tenant Law
Coming  in April …
Rochelle Johannson
Family Law
A Brief Primer on Child Support: Part One
John-Paul Boyd
Criminal Law
Criminal Defence Law in the North: Part Two
Charles Davison
Online Law
Protecting Yourself from Consumer Fraud and Scams
Margo Till-Rogers
A Famous Case Revisited
Whatever Happened to … The Law of Sniffer Dog Searches: Part 2
Peter Bowal and Evan Knight

January/February 2014 Issue of LawNow: When It Hurts to be Home

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Photo of face with tear on cheek, text when it hurts to be home

 Featured Articles: When It Hurts to be Home

What happens when your home is not a safe and welcoming place? The law can help; services and supports are available.

Reflecting on Family Violence
Sarah Dargatz
A family law lawyer muses on the importance of hearing and acknowledging her clients’ experiences of violence.
A Spotlight on Family Violence and Immigrant Women in Canada
Lindsey Whitson and Faye Wong
Immigrant women who experience domestic violence may also have to cope with social isolation and language barriers.
Domestic Violence, Renting and the Law
Rochelle Johannson
Homelessness is often a result of domestic violence because of difficulties with rented accommodation. How can the law help?
Corporal Punishment and Domestic Violence
Lana Wells and Alina Tanasescu Turner
Research shows that even mild or moderate corporal punishment has harmful side effects, including the possibility of domestic violence later in life.
Including Pets in Protective Orders
Tim Battle
Women with pets or livestock often delay leaving situations of domestic violence because they are worried about their animals. But Emergency Protection Orders can include them.

Special Report: The Law of Lost and Found

photo of small treasure chest
Finders Keepers? An Historical Survey of Lost and Abandoned Property
Marjun Parcasio
We reach way back to Roman law to establish the rules of ownership of lost property.
All Is Not Lost: The Law of Lost and Found
Peter Bowal and Dusan Kuzma
Over many centuries, lots of rules have been established to determine the ultimate outcome of lost property.

Departments

Viewpoint
Bus Ads Target and Isolate Muslims
Amarjeet Sohi and Erum Afsar 
Ask a Law Librarian
Domestic Violence: Useful Websites for Alberta 
Alberta Law Libraries    
Legal News
Long arm of U of A law looking to reach rural Alberta
Bev Betkowski

Columns

Human Rights Law
Human Rights and Québec’s Charter of Values
Linda McKay-Panos
Not-for-Profit Law
Some Nuances to Keep in Mind When Measuring Giving
Peter Broder
Landlord and Tenant Law
I’ve Been Good. Can My Landlord Make Me Move?
Rochelle Johannson
Criminal Law
Criminal Defence Law in the North: Part One
Charles Davison
A Famous Case Revisited
Whatever Happened to … The Law of Sniffer Dog Searches
Peter Bowal and Evan Knight

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May/June 2013 Issue of LawNow: Families in Flux

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Featured Articles: Families in Flux

Change is life and life is change! Families change and sometimes, the law will be a part of this process.

Common Immigration Mistakes That Canadian Citizens Make When Marrying U.S. Citizens
Marrying an American? Don’t book your wedding reception until you read what these lawyers have to tell you.
The Tax Implications of Marital Breakdown
The breakdown of a marriage can be made even more stressful if tax issues are not addressed.
What’s in a Name?
Think carefully before deciding to legally change a child’s name; there are lots of issues.
Juvenile Justice in Namibia
Namibia has lofty intentions in its work towards a comprehensive program for its young offenders, but progress is slow.


Special Report: Resource Development Issues

SR2375c
Griffiths Energy Violates the Canadian Corruption of Foreign Public Officials Act
This Canadian mining company blew the whistle on itself when it discovered irregularities in some of its consulting agreements.
The Yukon’s Open Entry Mining System Declared a Breach of the Duty to Consult
Mining is big business in the Yukon and, as it increases, the risk of conflict between First Nations and exploration companies increases.


Departments

Viewpoint
Building a Child-Sensitive Canada
Bench Press
Texting with Telus
Red Horse/Black Horse
Conspiracy Theory?
Judicial Discretion Defended
Give It Up!


Columns

Human Rights Law
Equality Case Seems to Have Fractured the Supreme Court of Canada
Law and Literature
Cronaca Nera: Two True Crime Books from Italy
Online Law
Helping Children and Teens Deal with Separation and Divorce
Not-for-Profit Law
Overhead Overdone?
Famous Cases Revisited
Whatever Happened to … Moore and Bertuzzi?
Landlord and Tenant Law
Co-Tenants and Co-Responsibility
Employment Law
Post-Employment Legal Obligations
 
 

Latest Issue of LawNow Magazine: Elections and the Law & Privacy Law

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Featured Articles: Elections and the 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

Privacy 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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New and Improved FREE LawNow!

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Good news, everyone!
Our much cherished publication, LawNow Magazine, is going to be completely free as of September 2012.
We are very excited about this new phase in the continual development of LawNow. We believe this change will allow greater access to LawNow’s valuable content and will help us reach new audiences.
In addition, based on feedback we received from many of our subscribers, the LawNow website is being completely redesigned. You can look forward to easier to read articles, greater searching capabilities, and no login! LawNow will continue to include all of the features and articles that showcase the best in practical public legal information and education.
To keep up-to-date with what’s happening with LawNow subscribe to the LawNow Updates.
We are confident that you will enjoy the new LawNow, and encourage you to visit the new and improved website at www.lawnow.org in the fall.

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