CPLEA.CA

  • Contact
  • About
    • Board of Directors
    • Employment Opportunities
    • Funders
    • Staff
    • Volunteers
  • Websites
  • Our Work
    • Core Programs
    • Projects
    • Research Project Reports
    • Workshops
    • What’s New
  • Legal Topics
    • Abuse & Protection
    • Condominium Law
    • Consumer, Money and Debt
    • Family & Relationships
    • Landlord & Tenant
    • Planning for Future Care
    • Recreation
    • Ressources en français
    • Wills & Estates
    • Work
Home / Archives for LawNow

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

New Issue of LawNow Magazine: Corporate Social Responsibility

July 10, 2012 By Kristy (Communications Coordinator)

The latest issue of LawNow Magazine looks at Corporate Social Responsibility.
Margo Till-Rogers writes in Online Law Column: Resources about Corporate Social Responsibility:

“The concept of corporate social responsibility (CSR) draws together social, environmental and economic concerns with a view to making organizations not only fiscally responsible, but socially responsible. Through community investment, environmental stewardship and ethical employment practices, corporations, government and non-profit organizations demonstrate their commitment to good corporate citizenship.”

Canadian businesses operating around the world are discovering that corporate social responsibility is not only the right thing to do, but also can be good for business!
Our feature articles this issue look at the issue of corruption and the complexity of the ethics of corporate social responsibility. Our contributors dissect three examples: the British Petroleum disaster, the case of Niko Resources Ltd., and the Chevron Corp. vs. Naranjo.
The unique special report looks at where the limits of the law are tested. In “Which Passport Should I Take to the Olympic Games?”, Hilary Findlay discusses legal issues that will arise with new drug testing standards in place for the 2012 Olympics. “Human Trafficking: A Call for Reform” looks at the reality of human trafficking within Canada, and specifically in Calgary, and summarizes research on what has been done and how the law can help counter this terrible crime. Finally, we have “What Ever Happened to… Jim Keegstra”, an example that freedom of expression is not absolute and the content of one’s expression can be criminal. The article also explains how criminal law may be a poorly suited instrument to achieve social control.
Our usual columns round out the issue, including “Employment Law: Avoiding Conflict – 6 steps to keeping the peace”, and Rosemarie Boll’s follow-up to her column in the last issue, “Family Law: Opening Closed Doors – The Downside of Suing your Abuser”.
See the Table of Contents or the Full Issue.

Filed Under: Blogosaurus Lex Tagged With: Corporate Social Responsibility, LawNow, Magazine

Drunk Driving and the Constitution

March 20, 2012 By Teresa (Editor, LawNow)

This blog post is an excerpt from Bench Press in the March/April 2012 issue of LawNow magazine. To view the magazine and subscribe please go to www.lawnow.org.

LawNow: Where There's a Will, There's a Way
LawNow: March-April2012

Justice Jon Sigurdson of the British Columbia Supreme Court has ruled that parts of B.C.’s new drunk driving law are unconstitutional.
Changes to the province’s Motor Vehicle Act introduced automatic roadside suspensions for drivers with a blood-alcohol content of .05 or higher.  Vehicles can be impounded for up to 30 days and penalties of up to $4000 can be assessed.  Justice Sigurdson ruled that these changes are a justifiable infringement on Charter rights. However, he took issue with drivers who “fail” a breathalyzer test by showing a blood-alcohol level of .08 or higher.  For these drivers, he wrote that the law “authorizes a search by a screening device on the basis of reasonable suspicion and impose lengthy prohibitions and significant costs and penalties on motorists, without providing motorists with any meaningful basis to challenge the validity of the search results.”   He ruled that this violates the Charter protection against unreasonable search and seizure, and he concluded that in these instances, the province needs to provide an appeal process.
This decision has significance beyond the B.C. border. Alberta has enacted very similar legislation and intends to proceed with its implementation despite the B.C. court ruling.
Sivia v. British Columbia (Superintendent of Motor Vehicles) 2011 BCSC 1639 (CanLII)
 

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

The Canada Revenue Agency is Calling

March 13, 2012 By Kristy (Communications Coordinator)

 
We recently blogged about our Financial Information Kit and have more news to share! We’ve added a new ‘additional resources’ section to the kit.
The first of these new resources is an article from LawNow Magazine called “We’re Calling to Set up a Time to do an Audit”.
Most people have the same reaction to audits as they do to getting a tooth pulled or getting their legs waxed: they cringe as a feeling of extreme anxiety sweeps over them.
But, at least in the case of Canada Revenue Agency (CRA) audits, it’s often an unnecessary reaction.  Most audits completed by a representative of CRA confirm that a charity is in compliance with the Income Tax Act and if not, it’s usually a case of correcting minor records transgressions. This article reviews what is covered in a CRA audit, why they occur, and what is required from a charity when an audit is done.  It also covers how an audit may be concluded.
We hope that with this information your organization will not live in fear of audits but embrace them; think of them as an opportunity to show how transparent your charity is.
(Ok, maybe embrace is a strong word, but you will know what to expect and will survive!)

Filed Under: Blogosaurus Lex Tagged With: accountability, audits, Canada Revenue Agency, Charity Central, LawNow

Oops, a Slip of the Lip!

March 7, 2012 By Teresa (Editor, LawNow)

This blog post is an excerpt from Bench Press in the March/April 2012 issue of LawNow magazine. To view the magazine and subscribe please go to www.lawnow.org.

LawNow: Where There's a Will, There's a Way
LawNow: March-April2012

An Ontario man will get a “do-over” of his criminal trial after the trial judge made a small but crucial error of speech.
Madame Justice Faye McWatt of the Ontario Superior Court of Justice was instructing a jury about the importance of the presumption of innocence just before they left the courtroom to consider their verdict. She said “It is only defeated if, and when, the Crown counsel has satisfied you beyond a reasonable doubt that Mr. Guilty – I’m sorry, Mr. Wilson – is guilty of the crime charged.”
Mr. Wilson’s counsel was not amused when the jury found her client guilty.  She filed an appeal, and noted “The trial judge erred in failing to order a mistrial or provide a curative instruction after mistakenly referring to the appellant as Mr. Guilty.”
The appeal will be held later this year.
 

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

LawNow: Where There's a Will, There's a Way

March 6, 2012 By Kristy (Communications Coordinator)

 
The latest issue of LawNow: Where There’s a Will, There’s a Way is available.
Carole Aippersbach states in Viewpoint – A Cautionary Tale:

Let’s face it, no one wants to think about what happens if the thing that does not work out is your entire life. Who likes to think about death, or, worse yet, the possibility of being completely incapacitated for the rest of your natural life?

But writing your will and planning your estate don’t necessarily have to be gloomy affairs. The latest issue of LawNow shows that it can be life-affirming to plan ahead for those you love. As Carole concludes, “don’t play the odds – have the back-up plan.”
Alberta has a new Wills and Succession Act; read our articles to find out the top ten things you need to know about the new Act and how the Act amends family law.
Did you know that different rules apply to the wills and estates of Aboriginal people? Read John Edmond’s article to find out more.
Articles on testamentary trusts and unjust enrichment complete the focus on wills and estates.
The special report for this issue is Freedom of Conscience. Linda McKay-Panos describes what Freedom of Conscience means for Canadians. Rob Normey writes about PEN Canada, an organization that advocates for freedom of expression.
LawNow’s columns are full of interesting information as usual; check out columns such as Human Rights Law: Sizing Up Discrimination, Whatever Happened To… The Irwin Toy Company, and Not-for-Profit Law: Transparency for All?.
See the Table of Contents and select articles for free at www.lawnow.org
Subscribers can log in to see the full issue.
 

Filed Under: Blogosaurus Lex Tagged With: Freedom of Conscience, LawNow, Magazine, Wills and Estates

Hells Angel Can't Stay

February 14, 2012 By Teresa (Editor, LawNow)

LawNowThis blog post is an excerpt from Bench Press in the January/February 2012 issue of LawNow magazine. To view the magazine and subscribe please go to www.lawnow.org.
A Federal Court of Canada judge recently ruled that Mark Stables, who has been a permanent resident of Canada since he came from Scotland as a seven-year-old child, and who has no criminal record, cannot stay in Canada.
Justice de Montigny ruled that the government has the right to expel him because he is a high-ranking member of the Hells Angels.
Mr. Stables argued that the Hells Angels is not a criminal organization, but the Judge stated that the evidence is overwhelming that the Hells Angels is “first and foremost” an organization dealing in drug trafficking, extortion, theft and murder.
He wrote: “This is not a case where the applicant did not know the nature of the organization until it was too late – either he did not care or chose to be willfully blind to its activities. Clearly, the framers of the Charter [of Rights] could not have intended that the applicant’s membership in the Hells Angels could be protected through his freedom of association and expression, despite the overwhelming criminal history of the organization.” The Immigration and Refugee Protection Act allows for a person to be barred from Canada for “organized criminality”.
Stables v. Canada (Citizenship and Immigration) 2011 FC 1319 (CanLII).

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

Disinherited daughters

February 3, 2012 By Teresa (Editor, LawNow)

Scales of JusticeThis blog post is an excerpt from Bench Press in the January/February 2012 issue of LawNow magazine. To view the magazine and subscribe please go to www.lawnow.org.
Four daughters who received nothing from their late father’s estate asked the British Columbia Supreme Court to vary his will.
William Werbenuk left his substantial estate to his only son, making no provision for his daughters.
The Judge stated that what was at issue was whether based on contemporary moral standards, adequate provision for proper maintenance and support was objectively considered by the father towards his daughters.
Justice Wong accepted evidence by the daughters that their father ruled the family home, and his wife and daughters by terror.
The son, on the other hand was “favoured and indulged.”
Justice Wong noted: “It is a testament to the strength of character and resilience of the plaintiffs that they rose above their upbringing and manifestly cared for their father.” He ruled that modern contemporary standards reject the father’s declared intention to disinherit his daughters, and that they had a valid moral claim to share in the family wealth.
He wrote: “The provisions of William Werbenuk’s will were not those of a judicious testator acting in accordance with society’s reasonable expectations of what a judicious parent would do in the circumstances by reference to contemporary community standards. The Judge divided the estate between the five siblings.
Werbenuk v. Werbenuk Estate, 2010 BCSC 1678

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

The Definition of a Mother

January 27, 2012 By Teresa (Editor, LawNow)

Mother and ChildThis blog post is an excerpt from Bench Press in the January/February 2012 issue of LawNow magazine. To view the magazine and subscribe please go to www.lawnow.org.
A Court of King’s Bench justice in Saskatchewan recently ruled that a woman who gave birth to a baby girl in 2009 is not the child’s mother.
The child was conceived through sperm from one partner in a same-sex marriage and an ovum from an anonymous donor. “Mary” carried the baby to term. The same sex couple and Mary asked the province’s Registrar of Vital Statistics to remove the birth mother’s name from the child’s birth certificate.
Justice Jacelyn Ann Ryan-Froslie agreed.
She wrote: “It is clear from the definition of ‘mother’ contained in the Vital Statistics Act 2009, that Mary, the gestational carrier, is Sarah’s mother for the purposes of that act as she is the woman from whom Sarah was delivered. Naming her as Sarah’s mother on the registration of live birth raises a presumption that she is also Sarah’s biological mother. In this case, I am satisfied that on a balance of probabilities, that Mary, the gestational carrier, is not Sarah’s biological mother. I am also satisfied that neither (John nor Bill) nor Mary ever intended that Mary would assume any parental rights or obligations with respect to Sarah. As such, a declaration that Mary is not Sarah’s mother is warranted.”

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

LawNow: Charity Law Issue

January 18, 2012 By Kristy (Communications Coordinator)

Canadians don’t just donate money to charities, they also create, oversee and staff them. These folks, especially those who run smaller charities, could use some help understanding what the law expects of them. That’s why LawNow has focused its latest issue on charity law.
Charities must transition under the new Canada Not-for-Profit Corporations Act. Our article “Five Steps to Transition: The Canada Not-For-Profit Corporations Act” clearly outlines the important steps that charities must now take to comply with the new law.
Have you ever been asked to be a board member? You may feel honored (or obligated), but LawNow’s article, “So You Want to be a Board Member? Think Twice Before You Say Yes “ can provide questions to ask and considerations to make.
Articles on charity law for sports organizations, charity guidelines for SPCAs, and conflicts of interests for board members round out this topic.
The intersection of sports and the law is explored in LawNow’s special report. “International Sport Regulation/Canadian Values: What if they Collide?” examines two high-profile sport cases that illustrate the problems that can arise when Canadian values are not reflected in international sports events. “Brain Injuries: A Shot Across the NHL’s Bow” suggests that a lawsuit about brain injuries by former NFL players should raise concerns for the NHL too.
Our columnists (or as we like to call them, “the usual suspects”) delivered excellent content this issue, covering topics such as human rights law, online law, aboriginal law, and employment law.
Several of these articles can be viewed for free at www.lawnow.org. Subscriptions start at $29.95/year.
 

Filed Under: Blogosaurus Lex Tagged With: charity law, LawNow

  • « Previous Page
  • 1
  • 2
  • 3
  • Next Page »

What’s New

Get up-to-date on the latest news and upcoming events at CPLEA

Sign up for our monthly newsletter!

Order Free Print Copies

Every year we send out thousands of free printed resources about the law in Alberta.

Just ask, and we'll do the printing for you!

Order Free Print Copies of our Legal Resources

Territory Acknowledgement

The Centre for Public Legal Education respectfully acknowledges that we are located across Treaty 4, 6, 7, 8 and 10 territories, and respects the histories, languages, and cultures of First Nations, Métis, Inuit, and all First Peoples of Canada, whose presence continues to enrich our vibrant community.

Funders & Partners

alf-logo_tn
sof-logo_tn
sof-logo_tn
THE CENTRE FOR PUBLIC LEGAL EDUCATION ALBERTA DOES NOT REPRESENT CLIENTS OR PROVIDE LEGAL ADVICE.
© 2020