Blogosaurus Lex: The blog of the Centre for Public Legal Education
More Stuff I Wish I’d Known Yesterday
Do you know what I’m struggling with today? I’m struggling with the concept of tough love. I feel really bad for all of the tenants who have had horrible things happen to their rental buildings lately, but I also think that this is (in a phrase I never would have used before working here!) a “teachable moment.” How can you avoid being the tenant on the TV who has lost everything? Get tenant insurance. Just go out and get it. It doesn’t cost that much (you can even spread the cost over the year by paying in installments), and your lease probably requires you to have it in the first place.
Why do you need it? So that if your apartment burns down, falls down, is broken into, or gets up and walks away, you will be able to buy new stuff. One of the most common things I hear from tenants is that “my stuff isn’t that nice anyway, so it’s not worth it for me to spend the money on insurance.” Wrong, wrong, wrong! Let’s break it down: let’s say you pay $200.00 for one year of content insurance. Let’s say that your place is destroyed, and all of your stuff is lost. If you spent the $200.00, then you pay the deductible, and replace your crappy stuff with brand new stuff. How great is that? If you don’t buy the insurance? Well, hello, free couch in the back alley that may or may not be crawling with bed bugs. Hello, internet café, where no one washes their hands before they touch the keyboards. Get it? You will have nothing: no couch, no laptop, no TV, nothing.
The other common thing I hear from tenants is “if the place burns down, the landlord has to buy me all new stuff because it’s his fault.” Really? Does anybody actually believe this? Guess what would happen if you went to court to try to force your landlord to pay for all new stuff for you? The first question would be “Were you required to have tenant insurance under your lease?” You’d have to say yes, and then your case would be thrown out and you’d still be left with nothing. Well, actually, worse than nothing, because you’d probably have to end up paying your landlord’s court costs.
Use your head, and go buy insurance.
Until next time, make sure you think ahead and take the spoon out of the sink before you turn on the water or you’re going to have a big ol’ mess on your hands…
You can find out more about insurance and renting here.
Top 5 Tips for Bringing Law into the Classroom
CPLEA has its own youtube channel! You can view it here. Our first videos posted are tips for teachers to bring law into the classroom. Watch all 5 tips below.
Stay tuned for more Vlogging (Video Blogging).
Hell’s Angel Can’t Stay
This 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 Hell’s Angels.
Mr. Stables argued that the Hell’s Angels is not a criminal organization, but the Judge stated that the evidence is overwhelming that the Hell’s 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).
Movin’ on up, movin’ on out (Part 3)
Welcome back to the last of the “how the heck do I give notice to move out” posts. You can read the first one here, and the second one here. This post is going to talk about fixed term tenancies and what steps you can take to end one.
First, let’s talk about what a fixed term lease actually means. The way a fixed term tenancy works is that both the tenant and landlord are bound by the terms in the lease, including the period of for which the property is going to be rented. The tenant gets some bonuses (the landlord can’t increase the rent during the term of the lease, the landlord can’t end the tenancy during the term of the agreement unless the tenant has done something wrong, etc.), and so does the landlord (the landlord knows that the property will be rented for a guaranteed period of time for a specific amount of money). Most issues come up when one side decides that they don’t want to be bound by the lease anymore. For example, the landlord decides to sell the property and wants the tenant to move out early, or the tenant’s job moves, or is lost, and the tenant needs to move somewhere else.
So, how do you end a fixed term tenancy? You cannot just give a month’s notice like you would for a monthly periodic tenancy. You signed a contract, and one of the terms that you promised to follow was the length of time you would rent the place. The nature of a fixed term tenancy is that the tenancy only ends under the terms of the contract (for example, the tenancy will end on the date stated in the lease), or if the landlord and the tenant agree to end the tenancy early. You can always try to talk to your landlord to see if the landlord is okay with an early end date. If you are able negotiate and come up with an agreement, you should put this agreement in writing. Remember, your landlord does not have to release you from your obligations that you have, so it’s a good idea to think of some negotiating points (“this will give you time to paint the apartment like you said you wanted to do. With all new paint, I bet you could charge more rent”) and to be nice. You are asking for a favour from your landlord, so be courteous and act in a reasonable manner.
If your landlord won’t agree to end the lease early, what can you do? Well, you might be able to sublet or assign your place. Generally speaking, this means that you would find someone who wanted to rent your place, and then that person would move into the property and you would move out. Under an assignment, you would generally give your entire interest in the property over to the new tenant. In a sublet, you would remain responsible, along with the new person, for all obligations of the original lease. So, if your subtenant did not pay rent, then your landlord could come after you to collect the unpaid rent. You must request your landlord’s permission in writing before you assign or sublet. If your landlord does not respond to your request within 14 days, then you can assume that the landlord consented.
What happens if none of these options work for you, and you go ahead and move out anyway? Well, there are consequences that you have to weigh. You remain responsible to pay the rent until the tenancy ends (either because the landlord rents to a new tenant, or the end date in your fixed term occurs). This means that if, for example, you moved out in March and you were supposed to live there until September 30, then you must continue to pay the rent until either the place is rented out again, or until September 30 comes. Your landlord must try to rent out the property again. The landlord has to do all of the things that s/he would normally do to find a new tenant. And if you’re thinking right now that you can just ignore the landlord’s demands for payment, think again. The landlord can contact a collection agency to try and collect the debt, or can make an application against you.
The chances of you getting your security deposit decrease as well. Your lease might have a term that says that if you break the lease, then you must pay the landlord some money in fees, and these fees, if you don’t pay them, can be deducted from the security deposit. You can find out more about these fees in Service Alberta’s Voluntary Code of Practice here. Also, you might be paying rent on your new place and won’t be able to afford to pay rent on the old place, and the landlord can deduct unpaid rent from the security deposit.
Well, we’ve covered most of the common concerns that come up when a tenant wants to move out of the property. Until next time, stay away from those home design magazines at the check-out counter, as they will only lead to a vague feeling of dissatisfaction when you get home.
Disinherited daughters
This 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.
Movin’ on up, movin’ on out (Part 2)
And we’re back! If you’re new to the blog, go back and read my last entry, as this post is a continuation of it.
So you’re renting a place and you’ve decided that you want to move out. You looked at the lease that you signed and you realize that you’re renting under a monthly periodic tenancy, and that the Residential Tenancies Act (RTA) applies to you and your landlord. What steps do you have to take now?
First, you have to give written notice. The notice must give the address of the place that you are renting, you must sign it, and you must also give the date that you will be moving out. There are organizations in Alberta that have developed written notices that you can use. You also have to serve the notice on your landlord.
The RTA says that a tenant in a monthly periodic tenancy must give one full tenancy month’s notice. If the tenant does not give enough notice to the landlord, then the written notice is still effective to end the tenancy, just not for that date. Here’s an example.
If you have a monthly periodic tenancy that begins on the 1st day of the month and ends on the last day of the month, and you give your notice on, for example, February 2 to end the tenancy on February 29, your notice would work to end the tenancy, but not for February 29. See, February 2 to February 29 is not a full tenancy month, but March 1 to March 31 is a full tenancy month. This means that if you gave your notice on February 2, your tenancy ends on March 31. You have to pay the rent for the entire notice period. The tenant must move out by 12 noon on the last day of the tenancy, unless there is an agreement between the landlord and the tenant that states otherwise.
You can talk to your landlord about making a different agreement in relation to the move out date and time and the amount of rent that is due, but your landlord does not have to negotiate with you. Sometimes, if you are a problem tenant, or if the landlord can find a new tenant that wants to move in right away, then the landlord will agree to an early end date. I once spoke to a woman who had been given multiple notices for noise violations from her landlord. She decided she wanted to move out immediately so she spoke to her landlord, and he was more than happy to have her move out right away (I’m sure he would have offered to help her pack if he thought he could have got her out a day sooner). If you can come up with an agreement with your landlord, then you should put this agreement in writing.
If you decide to just walk away and not pay rent for the notice period, then your landlord can keep some or all of your security deposit to cover the unpaid rent. Your landlord could also make an application against you (which isn’t hard, so don’t think your landlord won’t do it). Did you know that a court order in Alberta is good for ten years? That means that if your landlord gets an order against you now, s/he has ten years to collect the money from you. I know many university students out there who may not have money now, but will within ten years, and the last thing they should want is some unpaid court order out there waiting to swoop into their bank accounts and garnish next week’s mortgage payment.
Come back next week to learn about what you can do if you have a fixed term lease and you want to move out.
You can read more about ending a periodic tenancy on the Laws for Tenants in Alberta website here or in Service Alberta’s Voluntary Code of Practice here.
You can read about enforcing a court order on the Alberta Courts website here.
The Wills, they are a’changin’
A few weeks ago, we told you about a new Act that was coming into force on February 1st. Lo’ and behold, that day has now arrived, and the Wills Act is no more. Instead, we now have the Wills and Succession Act. This new Act changes many long-standing legalities around Wills. For example, there are significant changes in the areas of:
- what happens in situations when a person dies without a Will;
- survivorship (i.e.: the question of “who died first” in situations when multiple family members die in the same accident)
- marriages revoking Wills (i.e.: they no longer do)
- Wills by minors; and
- maintenance and support of dependants.
Interestingly, there is also one set of changes that did not come into force today, namely those relating to matrimonial property upon the death of a spouse. Although those were set to come into force today, further consultation is being sought and the changes have been postponed.
Due to the introduction of this new Act, it is important for anyone who is currently thinking about writing a Will to understand these changes and make his/her decisions accordingly. It is also important for people who already have a Will to consider how these changes may affect their Wills and whether that means they need to write a new Will.
For more information on the changes, please see the Update to our Making a Will booklet.
Map to the Law
When helping people understand the law, it’s a lot like explaining driving directions. There are many twists and turns in the legal system that can make it confusing. So what type of directions do you prefer?
Option 1: You will start from the North East corner of the city and from there you will drive towards the centre. You will see a well when you are in the centre. From there, go south east. When you are passed the last house turn right…
or
Option 2: Let me show you…
My guess is you preferred the picture.
That’s why we are looking for a volunteer who can help to illustrate some of our resources. To help the most people in our community gain access to legal information we need to communicate visually. By adding basic pictures to our publications we can make our resources more accessible to everyone. Pictures are especially helpful to people who have difficulty reading or understanding English.
So if you can draw things like houses and people we could use your help. We don’t have a style preference and would be happy to have someone who draws by hand, paints, or uses computers to communicate. Please contact us for more information about volunteering.
The Definition of a Mother
This 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 Queen’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.”
Movin’ on up, movin’ on out (Part 1)
With a new year comes a time of reflection, when people often think about where they are in their lives and where they want to be, and make decisions about how best they can get there. I’m sure that we’ve all woken up one morning, opened a bleary eye, looked around at the place we’re renting and wondered: “How did I get here? And how do I escape?” in a not-entirely-joking kind of way. Apparently, that’s what a lot of tenants were thinking about when they rolled out of bed on January 1, and many of them decided that they want to move out now; as in today, not tomorrow, not next month, but right now! Can a tenant just pack up and go? What are the laws that a tenant has to follow to end a lease, and what can happen when a tenant doesn’t follow these laws?
First, under the Residential Tenancies Act (RTA) there are two types of tenancies within Alberta. There is a periodic tenancy, which means that there is no end date stated within the lease, and the lease simply continues on indefinitely, until something happens to end it (for example, if the tenant gives notice to end the tenancy). The most common type of periodic tenancies are month-to-month tenancies. Periodic tenancies can also be week-to-week, or year-to-year.
The other kind of tenancy is called a fixed term tenancy. This means that there is an end date stated directly within the lease. The most common type of fixed term lease is a one year lease, but they can be for periods of time longer or shorter than one year. The tenancy automatically ends on the date stated in the lease. If, at the end of the fixed term, the tenant continues to rent the property but does not come up with a new agreement with the landlord, then the tenancy automatically becomes a periodic tenancy.
Each type of tenancy has different rules for how the tenancy ends. Now that I have you all aquiver with anticipation to learn about this subject, I’m going to pull a realty show move and tell you to tune in next week to find out what the rules are to end a tenancy. Insert evil laugh here.
LawNow: Charity Law Issue
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.
Do it while you can
Ah – the New Year! A time when people’s minds turn to thoughts of resolutions. Often, these resolutions are aimed at improving – and possibly extending – our lives. I’ll eat more healthily! I’ll exercise more! I’ll spend more time with my family and friends!
How about: I’ll spend more time thinking about death and my ultimate demise! Not likely – right?
Maybe it should be though. Like it or not, our mortality is an unavoidable fact. But, as I was just reminded by having a loved one die over the holidays, the effort one puts into these matters before the arrival of the inevitable can really improve the lives of the family and friends one leaves behind.
So here are a few reasons why, this year, you should resolve to either complete (if you don’t have them), or review (if you do), your Personal Directive, Power of Attorney and Will.
- The law in Alberta does not allow for another person to automatically make decisions for you – not even your spouse, adult interdependent partner, grown child or a close relative has this legal authority. As a result, simply speaking to others about your wishes is not enough to give them the legal right to handle your affairs once you cannot handle them yourself.
- If something does happen to you, these documents allow family members and friends to rest assured that they know what your wishes were and that they can carry them out for you. When that time comes, that knowledge and certainty are incredibly valuable gifts.
- Having these documents can help prevent future abuse.
- If you don’t have these documents, your family may end up spending a lot of money later to get a decision-maker appointed (while they are grieving, no less!);
- Did you get divorced recently? Do you know that a divorce does not invalidate such documents that were drafted before the divorce. Do you really want you ex making decisions for you?
- A Will is the only way to control who gets what you have;
- In February 2012, Alberta’s Wills Act will be changed to the Alberta Wills and Succession Act (“WSA”). This new Act will do several things, including: changing many long-standing legalities around Wills. It is important for anyone who is currently thinking about writing a Will to understand these changes and make his/her decisions accordingly. It is also important for people who already have a Will to consider how these changes may affect their Wills and whether that means they need to write a new Will.
Have I convinced you?
For information on how to create all of these documents, as well as information for the person you leave in charge, please visit www.oaknet.ca.
Another bed bug story…
Well, bed bugs in rental housing has come up again, at least in the Edmonton news. There is a lot of information out there that can help you figure out if you have bed bugs, what you should do to deal with them, how you can prevent getting them in the first place, and how you can avoid passing them along to someone else.
Sandra Hamilton, a health inspector with Alberta Health Services, was interviewed on CBC and you can listen to the interview here.
The Edmonton Apartment Association has a lot of information on their website, including the Edmonton Bed Bug Guide, and a Bed Bug Info Sheet.
If you are a renter who thinks you have bed bugs in the rental premises, you can find out which Alberta Health Services, Environmental Public Health office you should contact to receive more information here.
Until next time, while it may be true that no man is an island entire among itself (yes, I have just “Donne” that), the same can’t be said about your bed…
Learn about Accountability This Year
The New Year always brings a lot of resolutions. One great resolution is to spend more time learning in 2012. If you work or volunteer for a charity, we have the perfect event to start the year off right. Charity Central is partnering with the Information and Volunteer Centre of Strathcona County to present:
The W’s of Accountability for your organization
Who are you accountable to federally and provincially?
What are you accountable for?
Where can you get an experts knowledge on accountability?
Why do you need to keep impeccable records?
Saturday, January 28, 2012
9:30 – 3:30
$10.00
100 Ordze Avenue Sherwood Park
Chamber of Commerce Boardroom
Lunch and refreshments are included!
What is the board of a charity accountable for and to whom? This workshop will discuss the accountability and transparency issues of registered charities. It will emphasize both federal and provincial legal accountability. Areas of legal accountability include reporting, maintaining books and records, issuing donation receipts, fundraising and other requirements.
During the workshop, the participants will have a chance to use resource materials developed by Charity Central to self-assess their accountability and transparency practices and to look at how these tools may enhance their practices. The resource materials include a self-diagnostic pack, a handbook, administrative calendar, tip sheets and Office in a Box.
Comments from workshop participants about the materials:
“Office in a Box…. has been the most beneficial tool…. to making sure that we are up to date, have everything organized in a user-friendly manner. It is perfect for charities to become organized or on the right track.”
“Different sections (of the Road to Accountability Self-Diagnostics Pack) wil be put on the agenda of each board meeting to determine any weaknesses in oru governance and what action is required to improve our governance model.”
This is a great opportunity to learn about accountability and how to use Charity Central’s resources for only $10 including lunch! To register or for more information, visit: http://www.ivcstrathcona.org/accountability-workshop/.
We hope to see you there!
Exotic Pets and the Law
I really enjoy reading my colleagues blog posts! One particular post about animal imports got me thinking about a biology lesson I taught in school…
Why do we have rules for importing animals?
Many of the restrictions are created to prevent importing invasive species into Canada. Invasive species are plants or animals that originate from another part of the world but are brought into Canada on purpose or by accident. Once they establish in Canada they out compete our local species and devastate the balance of our ecosystems. For example in Ontario invasive zebra mussels set off a chain of events that led to the death of hundreds of waterfowl (Read more here)
Another reason for the restrictions is to stop the spread of disease. For example importing birds from Asia is not allowed because of the potential to spread bird flu. So I think most people would agree it’s good we have rules to protect the environment and stop the spread of disease. Are we doing enough though?
I came across an article published by the Vancouver Humane Society in 2004 titled A Disaster Ignored. The threat to human and animal health from imported exotic wildlife: a review of scientific evidence and opinion.
It was written after the Monkey Pox outbreak in the United States and advocated stricter regulations for the exotic pet industry. In 2003 several people in the US contracted monkey pox from pet prairie dogs. It was discovered that the disease originated in Gambian Pocket Rats from Africa that had been in contact with prairie dogs in the same pet store. This led Canada and the US to ban imports of African rodents.
The article criticized Canada for being reactive and not proactive and asked why African rodents were not banned earlier. Although there have been changes to some of the legislation discussed in the article, many of the concerns raised are still relevant.
You can learn more about Federal exotic pet import rules here
There are also provincial regulations that list some species as “controlled” and therefore under strict rules. The list is available here
Municipal governments may also pass bylaws regulating exotic pets. To read more about these laws, visit your municipal government’s webpage
So we’re still moving…and that got me thinking
Personally, I have moved quite a few times in my life, but I have never before engaged in the move of an entire office. Such fun!
As a result, when I think of – or am actively involved in – moving, my mind turns to thoughts of security deposits, moving costs, increased rent and the like (so much for visions of sugar plums dancing in my head). Information on all of these topics can be found on our helpful Landlord & Tenant website (which has details about all the bits and pieces of Alberta’s Residential Tenancies Act).
This, however, is not a residential move. That got me thinking about how we don’t have a website that explains the laws about commercial tenancies. Know why? Because there is no equivalent piece of law for commercial tenancies. Instead, commercial tenancies are
governed by contract law (most of which is still part of the common law and therefore it does not have its own handy piece of legislation).
So what do we need to know about commercial leases? I’m so glad you asked. Here are a few thoughts (before I get back to the unpacking)…
- As a starting point, it is important to understand that business leases are not like residential rentals.With a residence, rent is usually restricted to a set monthly price, which may or may not include utilities. The landlord is responsible for repairs, and the terms of the Residential Tenancies Act help protect the rights of tenants. With business leases, on the other hand, there are often many other costs beyond the base monthly rent; for example, common area maintenance costs, the costs of certain repairs, and possible personal guarantees.
- A second consideration: put everything in writing. Make certain that everything that you discussed and agreed upon (especially if they are changes to a previous draft) is included in the written agreement. No matter what the promise, if it is not included in the lease, it will likely be excluded by a clause that says something like “this lease is the entire agreement between the parties.”
- It is imperative that you read the lease very carefully, watch for errors, and ensure that you understand the terms to which you are agreeing. A thorough understanding of the lease clauses will help you avoid surprise costs (which could sink your business). A few examples: parties, premises, term, use, rent, non-disturbance, maintenance, insurance requirements, and renewals. For more information, see our LawNow article.
Well, we have some unpacking to do…hopefully you don’t.
What is a Sheriff anyway?
A few weeks ago, an Edmonton court halted proceedings in a child pornography trial because there was no provincial Sheriff available to provide security in the courtroom.
I don’t know about you, but when I hear the word “sheriff”, I think of this guy. Even if you don’t think of that particular character, you might, at least, associate that word with the police. In the United States, from which much of our television and movies come, do actually at time use the word “sheriff” to refer to a particular rank of police officer. We do not.
So, In Alberta, what exactly is a “sheriff”? Not surprisingly, as is often the case with these pesky legal definitions, there is more than one answer.
In terms of what happened at the courthouse, however, “sheriffs” are employees of the Solicitor General’s department (Government of Alberta), hired to help support provincial law enforcement agencies and to promote safe and secure communities throughout the province. For example:
- Communications Officers operate a 24-hour security control room where the status of alarm systems throughout the province are monitored, and the coordinate activities of contracted security personnel.
- Perimeter Security Sheriffs maintain safety and security for all persons within designated Government facilities (they do so by conducting security patrols or using complex security equipment, assesses and responds to breaches of security, and assists other security personnel).
- Law Courts Sheriffs provide and maintain a safe and secure setting for all persons within the province’s 75 provincial courthouses. For example, they are responsible for staffing metal detectors at courthouse entrances, providing general security, and they are supposed to be present in all criminal and family courtrooms.
- Law Court Sergeants are responsible for supervising Sheriffs, handling and transporting offenders, and providing police support at community events.
- Traffic Sheriffs provide specialized service in: collision investigation, awareness and educational presentations, warrant apprehension, traffic safety enforcement, traffic enforcement and joint force traffic safety operations with Alberta’s policing agencies.
- Traffic Sergeants supervise Sheriffs delivering enforcement, education and awareness initiatives. They also collaborate and partner with stakeholders, clients and other enforcement agencies to reduce collisions.
- Surveillance Sheriffs provide a complex and highly specialized services assisting other law enforcement agencies in surveillance activities and investigation on people of interest.
For more information on these roles you can see here, or watch this short video about Sheriffs. For more information on becoming a Sheriff, see here.
Just to be clear, however, there is another kind of Sheriff. This kind has to do with civil enforcement (a kind of debt collection).
For example: if you buy some new appliances on credit, then don’t make your payments, someone may show up at your door to take the appliances back. In relation to this sort of thing, the Office of the Sheriff oversees the civil enforcement “agencies” (companies) that do all this kind of work. The title of the person who actually does the work (like coming out and taking the appliances) is called a “bailiff”. For more information about that, see here.
Making a List, Checking it Twice
I love Christmas music. My absolute favorites are Thistlehair the Christmas Bear by Alabama and anything by Boney M (Although our recent rendition of “The Twelve Days of PLE Christmas” is right up there). I’ve been listening to Christmas music since the end of November so the lyrics have had time to sink in. I was thinking about one particular part in Santa Claus is Coming to Town:
He’s making a list
And checking it twice;
Gonna find out who’s naughty or nice
Santa Claus is coming to town
Even though Santa can fly around the whole world in a sleigh pulled by reindeer, he still has to make a list. Santa knows he is busy and needs to keep track of such important details like who’s been naughty and who’s been nice.
Maybe you’re not as busy as Santa this holiday season, but most people who work or volunteer for registered charities have demanding schedules. That’s why it’s so important to be organized.
Charity Central has the perfect resource for this – a filing checklist for registered charities. There are versions for Alberta, British Columbia, Manitoba, and Saskatchewan. The checklists set out some of the important filings that registered charities must make to their provincial government and to the Canada Revenue Agency. They outline who, what, when, why and links to more information.
If you’d like more free checklists, fast facts, and tipsheets, visit our website.
We’re Moving!
Life has been busy around the LRC. We’ve been packing boxes and organizing our workstations in anticipation for a great event – Moving Day!
Although moving is not the most exciting of things to do over the holiday, we are looking forward to the new office for one obvious reason: new lunch places and coffee shops to explore!
If you’d like to contact us, our new address as of December 16, 2011 will be:
Legal Resource Centre
800, 10050 -112 Street
Edmonton AB T5K 2J1
All our phone numbers, our fax number, and email addresses will remain the same.
Want to help us out during the move? You can do so in the following ways:
- Update your address books;
- Process any orders for LawNow, or other publications, using our E-Store;
- Allow a few extra days to receive any resources you’ve ordered;
- Download and print a copy of Renting 101, Office in a Box, or an OakNet publication if you need it immediately;
- Be patient in receiving replies to email reference questions;
- Save your Charity Central Helpline questions during the week of December 18th as the line may not be operating right away;
- And, wish us luck!
The 12 days of PLE Christmas…
Here at the Legal Resource Centre, we love public legal education (PLE) and we love the holiday season. Some of us even love to sing. Although none of us here are professionals in that area, we like to think that we make up with enthusiasm what we lack in expertise.
In that vein, for your viewing and listening pleasure, we present to you… the LRC’s 12 days of PLE Christmas. Everybody sing along!
On the 12th day of Christmas, the LRC gave to me:
5 webinars
2 podcasts
and an Enduring Power of Attorney
By the way…at this time of year, families and loved ones get together and let each other know how much everyone means to the other(s). It is a great time for having some family discussions that might otherwise be difficult to have (including those of the legal planning variety). We hope our little musical endeavour helps to inspire you!
