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Home / Archives for LawNow

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

June 30, 2015 By CPLEAadmin

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.

Columns

Family Law
Sarah Dargatz
Financial Disclosure in Family Law Cases, Don’t Hide; It’s Best to Provide!
Human Rights Law
Linda McKay-Panos
Supreme Court of Canada Addresses Jury Composition and Aboriginal Equality
Employment Law
Peter Bowal
Politician Resignations and Personal Liability for By-Election Costs
Online Law
Marilyn Doyle
Going it alone? Resources for Self-Represented Litigants
Not-For-Profit Law
Peter Broder
The Purposes and Activities Divide in Charity Regulation
Law & Literature
Rob Normey
John Lennon: Working Class Hero and Legal Activist
A Famous Case Revisited
Peter Bowal and Pedro Porto Alegre
Whatever Happened To…Antrim Truck Ltd. and Public Nuisances

 

Filed Under: Blogosaurus Lex Tagged With: constitutional law, LawNow, LawNow Magazine, Self-represented litigants, Supreme Court of Canada, The Charter

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

March 10, 2015 By CPLEAadmin

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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

 

Filed Under: Blogosaurus Lex Tagged With: LawNow, LawNow Magazine, marriage, Romance, weddings, Youth

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

July 14, 2014 By CPLEAadmin

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

Filed Under: Blogosaurus Lex Tagged With: Aboriginal Law, Benchmark Cases, constitutional law, LawNow, Reference Decisions, residential schools, Supreme Court of Canada, The Charter

Bench Press: Vampire Slayer Victim of a “cruel and unforgiving illness.”

April 15, 2014 By Teresa (Editor, LawNow)

Glen Race murdered two Halifax men in 2007. He pled guilty to both charges and then made an application to be found not criminally responsible (NCR).
Mr. Justice Kevin Coady of the Supreme Court of Nova Scotia reviewed the law and the legal requirements for a convicted person to be found not criminally responsible. He concluded that Mr. Race suffered from a mental disorder that made him incapable of knowing that his actions were wrong.  In his case, three psychiatrists, both for the Crown and the defence agreed that Mr. Race qualified for a finding of NCR. An agreed statement of facts from the three doctors stated that he suffered from schizophrenia and that he believed he was a vampire slayer and a godlike entity ordered by angels to cleanse the world of demons and sin.
Justice Coady wrote: “After considering all of the evidence, I am satisfied that Mr. Race qualifies for an NCR defence…He suffered from a mental disorder on both occasions, that being schizophrenia. I am also satisfied that Mr. Race, as a result of his mental disorder, did not realize that these actions were morally wrong. I am satisfied that he really believed they were necessary to achieve his psychotic mission.”
Justice Coady made two other interesting observations. First, he reached out to the families of the murdered men and said that in the context of a NCR finding: “It is important to realize that Mr. Race, his family, and friends are victims as well. They are victims of a cruel and unforgiving illness of schizophrenia. Given that there is no cure and that Mr. Race’s case is so severe, their victimization will continue for the rest of their lives. This in no way minimizes the pain and loss the Knott and Brewster families have, and will continue to, experience. These homicides are different than most killings in that the perpetrator and the victims are victims.”
Then, Justice Coady added: “It is important to note that an NCR finding is not an acquittal. Mr. Race will be held responsible for killing Paul Knott and Trevor Brewster. There will be consequences for those actions and those consequences will continue for the rest of his life.”
R. v. Race, 2014 NSSC 6 (CanLII)
Article originally published in LawNow magazine, March/April 2014 issue. For more articles on contemporary issues with a legal perspective, see the LawNow website at https://www.lawnow.org/.

Filed Under: Blogosaurus Lex Tagged With: Bench Press, case law, LawNow

Bench Press: “Ski Buddy” Liability

April 3, 2014 By Teresa (Editor, LawNow)

Mark Kennedy of Colorado died on a heli-skiing expedition when he fell into a tree well.
His widow claimed that he had been paired with a “ski-buddy” who was contractually obliged to stay close to him, keep him in sight and assist or alert guides and other skiers if he saw that his buddy needed help. She also alleged that the buddy, Adrian Coe, owed a duty of care in tort law to Mark Kennedy. She sued Mr. Coe for loss of future earnings over her husband’s death.
Madame Justice Fisher of the British Columbia Supreme Court dismissed the action. She found that just because the two men had been paired to ski together there was no basis to find that there was a contract between them. Similarly, she ruled that Mr. Coe did not owe a duty of care to Mr. Kennedy, and that even if there were, Mr. Coe would have met the standard.
She summarized: “It is indeed very sad that Mr. Kennedy met a tragic and untimely death, but he did so while participating in a high-risk sport and responsibility for his death cannot be placed on Mr. Coe.
Kennedy v. Coe, 2014 BCSC 120 (CanLII)
Article originally published in LawNow magazine, March/April 2014 issue. For more articles on contemporary issues with a legal perspective, see the LawNow website at https://www.lawnow.org/.
 

Filed Under: Blogosaurus Lex Tagged With: Bench Press, case law, LawNow

Want to write for LawNow Magazine?

March 19, 2013 By Kristy (Communications Coordinator)

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LawNow Magazine is looking for volunteer contributors.
If you share our enthusiasm and commitment to public legal education, consider writing on one of the topics in our Call for Contributors, or contact us with your own suggestions for themes, special reports, and columns. We would also welcome your blog posts, either about your article or another article that you see in LawNow.
Some of the topics outlined in the Call for Contributors include:

  • Family law, domestic violence;
  • Vulnerable youth;
  • The law and birth;
  • Legal issues and language;
  • Law for immigrants;
  • The law and people with disabilities;
  • Lost and found, lost property;
  • The law and luck, gambling;
  • The Judiciary;
  • New issues in criminal law;
  • Copyright law;
  • Five famous cases;
  • Canadian legal history;
  • Aboriginal law;
  • The law and Christmas;
  • Senate reform;
  • Insurance law;
  • Neighbours and the law, municipal law.

If you know someone who would be a great contributor to LawNow, please circulate the Call for Contributors to them. First-time contributors are most welcome and help us to keep the magazine fresh and relevant.
Please contact us to let us know how we can best work together on the next volume of LawNow. We hope to gather responses by April 19, 2013 but we are always open to your ideas, suggestions and offers to contribute.

Filed Under: Blogosaurus Lex Tagged With: contributors, LawNow

LawNow 37-4: Environmental Causes and the Law

March 4, 2013 By Kristy (Communications Coordinator)


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Featured Articles: Environmental Causes

The Constitutional Right to a Healthy Environment
Environmental rights enjoy constitutional protection in over 100 countries. Canada is not one of them, but it should be.
The Oil Sands: Westward – How?
There are many obstacles: technical; legal; constitutional; and political that stand in the way of transporting Alberta’s bitumen out of the province.
Civil Disobedience, Environmental Protest and the Rule of Law
Civil disobedience can strengthen the Rule of Law by leading to the correction of unjust or seriously wrong laws before disrespect for the system has a chance to take hold.
The Difference a Year Makes: Changes to Canadian Federal Environmental Assessment Law in 2012
The omnibus budget bill of 2012 contained many measures that profoundly changed Canada’s environmental protection laws, and not for the better.
Nickel Shower: An Environmental Class Action
The case of Smith v. Inco Ltd. is the first Canadian environmental class action lawsuit to proceed through a trial and appeal.
 

Special Report: Helping Yourself

How To Avoid Your Day in Court
Think of the law as a spectrum with the courthouse at the very end. There are lots of ways that you can avoid going there!
Helping Yourself: Where Do You Start?
There are many of sources for legal information, ranging from walk-in offices to websites to help you access the law.
Doin’ It Your Own Way… Unsuccessful Succession
Yes, of course you can make your own Will. But, should you?
 

Departments

Letter to the Editor
Viewpoint
The Economy and The Environment
Bench Press
Interest in Access to Justice
Denunciation, Deterrence, and Death
No Jury-vetting, We’re Canadian
The Defence of Duress
A Dog Divided?
 

Columns

Human Rights Law
Standing Up for Your Rights
Family Law
Words Without Weight – Enforcing Parenting Orders
Online Law
Online Resources for Dispute Resolution
Not-for-Profit Law
Anti-Spam Law May Snare Charities
What Ever Happened to … A Follow-up to Famous Cases
Casey Hill and the Church of Scientology
Landlord and Tenant Law
Getting Your Security Deposit Back
Employment Law
Protection and Prosecution: Falling at Work

Filed Under: Blogosaurus Lex Tagged With: Environmental Law, LawNow

LawNow Magazine's Latest Issue: Constitutions and Developments in Internet Law

January 11, 2013 By Kristy (Communications Coordinator)

The latest issue of LawNow is available

Full PDF of the issue
 
The Feature Articles in this issue is on Constitutions.
Do Constitutions matter? Indeed they do. Just ask the Egyptian people protesting, confronting, and even dying over the drafting of their new constitution..
The Special Report looks at developments in internet law.
 

Table of Contents

 

Featured Articles: Constitutions

Evolution, Not Revolution: Canada’s Constitutional History and the Constitution Act, 1867
Some constitutions are born of revolution, some of evolution. Canada is a fortunate nation: our Constitution has evolved.
O Patria: The Patriation Struggles
Bringing home our Constitution has forever shaped our national political and legal landscape.
The Canadian Charter of Rights and Freedoms: An Integral Part of our Constitution
Canada’s Constitution and our Charter of Rights work together to create our laws and protect our rights.
The Constitutions of the Maritime Provinces
Constitutions are essential documents in Canada’s Maritime provinces, reflecting history and defining the present.
Bills of Rights in Canada
The federal government and the provinces have bills of rights, human rights codes, the Charter and the Canadian Bill of Rights 1960. It gets a bit confusing!
 


Special Report: Developments in Internet Law

Privacy and Cloud Computing
When do clouds not refer to the weather? When they are a term for Internet storage!
Canada’s New Anti-Spam Legislation: What to Expect
What do you or your business need to know about this new law?
Defamation by Hyperlink
The Supreme Court of Canada described some of the interactions of the law and the Internet as “trying to fit a square archaic peg into the hexagonal hole of modernity”.
 


Departments

Viewpoint
Let’s hear more indigenous success stories
Bench Press
Special Needs; Special Education
Two Spouses; One Deceased
Trial Judge Plagiarism
Sperm Donor Dads Remain Anonymous


Columns

Human Rights Law
The Supreme Court of Canada Changes Direction
Family Law
Relocation Advisory Guidelines – an idea whose time has come?
Employment Law
The Confidentiality of Commercially Valuable Information
Online Law
Who Cares about Internet Law and Policy?
Not-for-Profit Law
Proposed Bill, Though Well-intentioned, Raises Questions
What Ever Happened to … A Follow-up to Famous Cases
R. v. Sault Ste. Marie: The Due Diligence Defence
Landlord and Tenant Law
Renting with a Pet

Filed Under: Blogosaurus Lex Tagged With: constitutional law, Internet law, LawNow

LawNow Magazine Officially Launches as a Free Digital Magazine

September 11, 2012 By Kristy (Communications Coordinator)

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

Filed Under: Blogosaurus Lex Tagged With: Digital Publishing, free, LawNow, Magazine

Teachers Talk LawNow – Jim Keegstra

August 27, 2012 By CPLEAadmin

LawNow magazine is an incredible resource for teachers. Each issue offers engaging articles about law in language suitable for students. Teachers Talk LawNow is a series of lesson plans for teachers based on these articles. 
Jim Keegstra

“R. v. Keegstra was such a landmark freedom of expression case that aspects of this issue were considered in three separate trips to the Supreme Court of Canada between 1990 and 1996.”

This LawNow article is available to download in the July/August 2012 issue of LawNow magazine :

  • What Ever Happened to … Jim Keegstra – Peter Bowal and Craig Graham

This weeks blog shifts out of the classroom and into the staff room. Jim Keegstra was a teacher from Eckville, Alberta. For years he had been teaching students his own brand of history that included Jewish conspiracies and other anti-Semitic content. Eventually he was charged with criminally promoting hatred against an identifiable group.

Many recently graduated teachers studied this case in University and older teachers will remember the news coverage. Leave this article on a coffee table in the staff room and see what discussions it creates. Some discussion points to get your started are:

  • How could Keegstra teach his opinions for so long and could something like this happen today?
  • What limits should there be on “free speech”?
  • If Keegstra had kept his opinions out of the classroom, but still made them public, should he have kept his job?

Filed Under: Blogosaurus Lex Tagged With: LawCentral Schools, LawNow, Supreme Court of Canada, Teachers Talk LawNow, Youth

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