We all enjoy watching national and international sports events. But most of us have no idea about an athlete’s journey to make it to these events. To become elite athletes and reach the top of their sport, children may leave their families and begin training extensively at a very early age. Most of … [Read more...]
New Resources at CPLEA – Vol. 42:4
LawNow has created a Department called New Resources at CPLEA, which is now a permanent addition to each issue. Each post will highlight what's new, updated/revised or popular at CPLEA. All resources are free and available for download. We hope that this will raise awareness of the many resources … [Read more...]
New Resources at CPLEA – Vol. 42:3
LawNow has created a Department called New Resources at CPLEA, which is now a permanent addition to each issue. Each post will highlight what's new, updated/revised or popular at CPLEA. All resources are free and available for download. We hope that this will raise awareness of the many resources … [Read more...]
Celebrating Anniversaries: A Year after CHRT’s Ruling on Discriminatory Funding of Welfare Services for First Nations Children
January 26, 2017 marked the first-year anniversary of the Canadian Human Rights Tribunal’s (“The Tribunal”) landmark decision regarding the issue of funding for child welfare services provided to First Nations children on reserve and in the Yukon. The complaint was filed in 2008 by the First Nations … [Read more...]
BenchPress – Vol 40-6
1. CRA loses out to Solicitor-Client Privilege The Canada Revenue Agency (CRA) sent a lawyer a request to produce documents about his personal finances and also his current accounts receivable. The lawyer provided some material but refused to produce his current accounts, claiming that to do so … [Read more...]
Canadian Human Rights Tribunal Sets the Stage for First Nation Discrimination Cases
In late January, 2016, the Canadian Human Rights Tribunal (Tribunal) ruled that children living on First Nations reserves have been discriminated against because of underfunding of education and child welfare. (see: First Nations Child and Family Caring Society of Canada et al v Attorney General of … [Read more...]
Whatever Happened to … Scandalous Criminal Allegations: the Miazga Case
Introduction Miazga v. Kvello Estate is a tragic, yet fascinating, case which reminds us of the devastating power of criminal prosecution to ruin innocent lives and the near impossibility to hold Crown prosecutors legally accountable when that happens [(2009) 3 SCR 339, 2009 SCC 51 … [Read more...]
Litigating Death in Care Cases in Alberta
Legislation and Cases Commented On: Fatal Accidents Act, RSA 2000, c F-8, Argent v Gray, 2015 ABQB 292, FRN v Alberta, 2014 ABQB 375, SM v Alberta, 2014 ABQB 376 More than 775 children with some involvement with child protective services in Alberta have died since 1999. This past year alone, … [Read more...]
Privacy Considerations for Families Involved with Child and Family Services
Parents involved with Child and Family Services (“the Director”) may not want extended family members, friends, and the general public to know. The Child, Youth, and Family Enhancement Act (“CYFEA”) is the legislation under which intervention services are provided by the Director in Alberta. CYFEA … [Read more...]
Aboriginal Children and Child Welfare Policies
Although nearly everyone has heard the term, “Residential Schools,” it would appear that few really have a proper comprehension of the cruel realities and shame of Canada’s collective history. With its origins in “civilizing the ‘petits sauvages’” [1] for the purpose of serving as wives and mothers … [Read more...]