BenchPress – Vol 40-6

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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 would violate solicitor-client privilege, since it would reveal […]

Canadian Human Rights Tribunal Sets the Stage for First Nation Discrimination Cases

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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 Canada (for the Minister of Indian Affairs and Northern […]

Whatever Happened to … Scandalous Criminal Allegations: the Miazga Case

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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 http://canlii.ca/t/26g27]. Facts In 1989, Michael, Michelle and Kathleen Ross (aged […]

Litigating Death in Care Cases in Alberta

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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, approximately 31 children have […]

Privacy Considerations for Families Involved with Child and Family Services

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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 contains provisions outlining how and when information that a child […]

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