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New & Updated Resources at CPLEA – Vol. 43-3

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All resources are free and available for download. We hope that this will raise awareness of the many resources that CPLEA produces to further our commitment to public legal education in Alberta. For a listing of all CPLEA resources go to: www.cplea.ca/publications

In this issue of LawNow we are highlighting 3 new publications of interest to renters and landlords in Alberta. These resources can be found on CPLEA’s topic specific landlord and tenant website. LandlordandTenant.org offers plain language information for Albertans on renting law in Alberta.

New Landlord and Tenant website FAQs

  1. Who is responsible for utility payments?
  2. What are my obligations a a co-signor?
  3. Can I ask my landlord to lower my rent?

 

For a listing of all CPLEA publications see: www.cplea.ca/publications/

 

New & Updated Resources at CPLEA – Vol. 43-2

By

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All resources are free and available for download. We hope that this will raise awareness of the many resources that CPLEA produces to further our commitment to public legal education in Alberta. For a listing of all CPLEA resources go to: www.cplea.ca/publications

In this issue of LawNow we are highlighting 3 new publications of interest to renters and landlords in Alberta. These resources can be found on CPLEA’s topic specific landlord and tenant website. LandlordandTenant.org offers plain language information for Albertans on renting law in Alberta.

Under the Residential Tenancies Act, the landlord must ensure that the rental property meets minimum housing standards under the Public Health Act and its regulations such as the Housing Regulation The Housing Regulation requires that owners maintain housing premises in compliance with the Minimum Housing and Health Standards. The Minimum Housing and Health Standards sets out specific conditions that are essential to making a place safe and healthy to live in. Landlords must follow both the Housing Regulation and corresponding Minimum Housing and Health Standards for the upkeep and condition of their rental properties. This tipsheet provides an overview of what landlords and tenants should know about the Standards.

 

Abandoned goods are any property a tenant leaves behind after they move out of the rental property. In Alberta, the Residential Tenancies Act (RTA) sets out what a landlord can do if the tenant leaves their items behind. This is a quick guide on what you should know.

 

 

 

 

 

This publication looks at the differences between service and guide dogs as well as companion, therapy and emotional support animals. It addresses the question “Are landlords required to accommodate people with companion, therapy or emotional support animals in their rental units.” It also provides information for landlords on how they can determine if an animal is certified and covered under the Service Dogs Act and the Blind Persons’ Rights Act.

 

 

 

 

 

For a listing of all CPLEA publications see: www.cplea.ca/publications/

 

41-2: Criminal Justice

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lawnow-41-2-coverCriminal Justice is achieved through the dedicated effort of many players and it must protect all who come in contact with it.

 Volume 41-2  Nov/Dec 2016

Full PDF of this issue

Table of Contents

Featured Articles: Criminal Justice

Special Report: The Law in Challenging Economic Times

Departments

Columns

 

Featured Articles: Criminal Justice

The Law of Sexual Assault in Canada
Charles Davison
The law of sexual assault in Canada covers a wide range of situations and an infinite variation factors.

Understanding the Criminal Trial Process
Caroline Wawzonek
The criminal trial process is centered on preventing the tragedy of locking up an innocent person.

Solitary Confinement: “Abandon Every Hope, Ye who Enter”
Stephanie Laskoski
The United Nations has singled out for condemnation Canada’s use of solitary confinement.  It is time that as a nation, we acted.

Looking at Mental Health Courts: Should Alberta Pursue Them?
Nicole Trach and Dr. Austin Mardon
Accused persons with mental illness could benefit from alternatives to the traditional criminal justice system.

Legalizing Marijuana Use in Canada: Some Concerns
Hasna Shireen
The federal government has lots of issues to consider as it approaches this important change to Canadian law.

Special Report: The Law in Challenging Economic Times

Legal Responses to the Financial Crisis of 2008 in Canada, the United Kingdom and the United States
Marjun Parcasio
If there is anything that swells the size of a statute book, it’s a financial crisis!  Here is a look at how three countries reacted.

How the Economy Influences Bankruptcy and Vice Versa
Doug Hoyes
We know that insolvency rates will rise following an economic downturn and increased unemployment.

Paying Other People’s Taxes
Hugh Neilson
Directors of companies, whether profit, or non-profit, should know that the Canada Revenue Agency can collect GST/HST and other source deduction arrears from them in some circumstances.

Business Succession Planning is an Investment in the Future
Mark Borkowski
It is precisely when economic times are challenging that business owners should think about succession planning.

Bankrupcty, Insolvency and Receivership
Peter Bowal
Here is a short description of the differences between Bankruptcy, Insolvency and Receivership.

41-1: Self-Represented Litigants

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lawnow-41-1-coverRepresenting yourself in court is a daunting task. This issue of LawNow offers some suggestions for success.

Full PDF of this issue

Volume 41-1  Sept/Oct 2016

Table of Contents

Featured Articles: Self-Represented Litigants

Special Report: Media and the Law

Departments

Columns

 

Featured Articles: Self-Represented Litigants

Self-Represented Litigants have Mountains to Climb!
Owen Le Blanc
Self-Represented litigants present a host of challenges to some of the core assumptions of our legal system.

Your Self-Representation Road Map: Five Steps to Success
Devlin Farmer
Representing yourself can be hard work.  Here is some practical advice about how to get through it.

Hurdles for Self-Represented Litigants in Small Claims Court
Amer Mushtaq
Small Claims Court seems ideal for claimants to represent themselves, but there are still rules and procedures to follow.

Being Self-Represented can be Taxing!
Owen Le Blanc
Canadians can represent themselves in Tax Court and some help is available.

Representing Yourself at the Alberta Appeals Commission for Worker’s Compensation
Lynn Parish
There is help available for self-represented injured workers to guide them through the appeals process.

The Law of Costs and the Cost of Law
Peter Bowal and John Rollet
Even if you choose to represent yourself in court, you should be aware of some of the expenses involved.

 

Special Report: Media and the Law

Journalists Feel the Chill in a Changing Media World
John Cooper
Libel chill in today’s media can mean that important and controversial stories may not be told.

Freedom of Expression, Publication Bans and the Media
Linda McKay-Panos
Publication bans balance freedom  of expression and freedom of the press against the public’s right to know about judicial proceedings.

Kent v. Postmedia: The Largest Individual Defamation Award Given in Alberta
Kent Jesse
Defamation cases rarely go to trial in Alberta and even more rarely is the Plaintiff granted substantial damages. Arthur Kent changed that.

Bieber and Beachclub: What is Defamation in the Social Media Era?
Matt Gordon
In pop culture and the law, social media is everywhere. A careless tweet can amount to defamation.

Departments

Benchpress
Teresa Mitchell

Columns

Family Law
Sarah Dargatz
Obtaining Evidence in High Conflict Parenting Disputes – Part 1: Lawyers for Children

Human Rights Law
Linda McKay-Panos
Gender Equality in Canadian Politics

Debtor and Creditor Law
Doug Hoyes  
Divorce and Bankruptcy Law in Canada

Landlord and Tenant Law
Judy Feng
Having Problems with another Tenant?

Employment Law
Peter Bowal and Lora Walsh
Legal Remedies at the Human Rights Commission

Not-for-Profit Law
Peter Broder
Prevention and Relief of Poverty

Criminal Law
Melody Izadi
No Warrant to Swab Your Genitals? No Problem!

Famous Cases
Peter Bowal and Mark Kelndorfer
Whatever happened to…. R. v Oakes?

Law and Literature
Rob Normey
The Extraordinary Criminal at the Heart of The Man Without Qualities

40-6: Medical Assistance in Dying

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lawnow-40-6-coverCanada has joined a small group of countries and U.S. states with an assisted dying law.  This issue looks at the new law and how Canada came to this enormous change in social, health and legal policy.

Volume 40-6  July / Aug.  2016

Full PDF of this issue

Table of Contents

Featured Articles: Medical Assistance in Dying

Special Report: Students and the Law

Departments

Columns

 

Featured Articles: Medical Assistance in Dying

Medical Assistance in Dying: From Rodriguez to Bill C-14
Juliana Ho
Much has changed in Canada since the Supreme Court of Canada turned down Sue Rodriguez’ plea for help to end her life.

A Global Perspective on Assistance in Dying
Ashley Ferguson
Canada had the benefit of looking at some other countries and U.S. states when drafting its own law about medically assisted dying.

Medical Assistance in Dying: An Enormous Change in Canadian Social Policy
Teresa Mitchell
Here is a look at the most important features of Canada’s Medical Assistance in Dying Act.

Medically Assisted Death Offers Options
Charles Davison
Medical Assistance in Dying creates the opportunity for Canadians to choose their  responses  to grievous health situations.

Critiques of Assisted Dying
Peter Bowal and Paulami Saha
When the sanctity of life is displaced by a culture of respectable voluntary death, this change in attitude could eventually disrupt the personal autonomy of the  living.

Special Report: Students and the Law

Students and Income Tax: It Can Be a Good Thing!
Gunnar Rawe
Students can benefit from many different provisions in the Income Tax Act.

A-Loan in the Dark
Elizabeth Chen
Students should always read the fine print.  What you don’t know can hurt you!

Departments

Benchpress
Teresa Mitchell

Columns

Family Law
Sarah Dargatz
Changes to Child Support Applications

Human Rights Law
Linda McKay-Panos
Same-Sex families in some Canadian Provinces Still Face Discrimination Challenges

Debit and Creditor Law
Doug Hoyes  
What Types of Proceedings Can You file Under the Bankruptcy and Insolvency Act?

Employment Law
Peter Bowal and Patrick Tapuska
Constructive Dismissal is Still Under Construction

Not-for-Profit Law
Peter Broder
Bad Scholarship?

Criminal Law
Melody Izadi
The Production of Cell Tower Records Breaches Canadians’ Privacy Rights

Famous Cases
Peter Bowal and James Rose 
Rasouli:  Withdrawal of Medical Treatment

Law and Literature
Rob Normey
Stranger than You Can Imagine takes the reader on a Tour of the Tumultuous 20th Century

40-5: Access to Justice

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This issue of LawNow looks at problems of access to justice in some unique situations and settings.

Volume 40-5  May/June 2016

Full PDF of this issue

Table of Contents

Featured Articles: Access to Justice

Special Report: The Law and Work

Departments

Columns

 

Featured Articles: Access to Justice

The Right to Counsel Includes Access to Counsel
Lorraine Snyder
An accused’s ability to seek the advice of a lawyer is an important Charter right that cannot be ignored or violated.

The Right to Online Research Behind Bars
Sarah Burton
Access to justice can include the right of an imprisoned accused to conduct online legal research.

Access to Justice: Potential Alternatives for Indigenous Peoples
Troy Hunter
For Indigenous people, the question of access to justice remains outstanding. Could Indigenous legal traditions be revived?

Crowdfunding: Leveling the Playing Field
Avnish Nanda
Justicefundr is the first crowdfunding platform in Canada designed to help Canadians get their day in court.

Access to Legal Services in Women’s Shelters
Alysia Wright
Women who flee to shelters because of domestic violence often have trouble accessing the legal information and services they desperately need.

Special Report: The Law and Work

Canadian Unions: From Repression and Resistance to the Right to Strike
Paul Maas and Owen LeBlanc
The development of unions in Canada is fascinating history encompassing influences from Great Britain and the United States.

Tips and Gratuities: Some Taxing Issues
Caitlin Butler
Both employers and employees have responsibilities when it comes to accounting for tips. Failure to follow the rules can be costly.

Job Candidates Deserve Fair Treatment of Their Applications
Peter Bowal
Why are job applicants treated so badly?  Can anything be done about it?

Departments

Benchpress
Teresa Mitchell

Columns

Landlord and Tenant Law
Judy Feng
Tenant Move-outs:  Cleaning and Security Deposit Deductions

Family Law
John-Paul Boyd
Dealing with Pets After Separation: Part 2

Human Rights Law
Linda McKay-Panos
Why Do Some Human Rights Complaints Take So Long to Conclude?

Employment Law
Peter Bowal and Nicole Bowal
Termination for Insolence

Not-for-Profit Law
Peter Broder
The Ins and Outs of Board Elections

Criminal Law
Melody Izadi
Missing the Mark: Why the Post-Ghomeshi Outrage Makes Little Sense

Famous Cases
Peter Bowal and Jacqueline Bowal
Organizations Get Religion: Loyola High School v. Quebec

 

40-4: Municipal Law and the Environment

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Full PDF of this issue

Volume 40-4  Mar / Apr 2016

Table of Contents

Featured Articles: Municipal Law and the Environment

Special Report: The Truth and Reconciliation Commission Report

Departments

Columns

 

Featured Articles: Municipalities and Environmental Law

Unleashing the Environmental Power of Municipalities
Brenda Heenan Powell
A new Municipal Government Act for Alberta could substantially boost the powers of municipalities to protect the environment.

Municipalities Leading the Way on Environmentalism
Ben Henderson
All across Canada, municipalities are using the Municipal Green Fund to make a difference to the environment.

In Praise of Urban Forests
Mike Rosen
Provincial laws make it possible for cities to build communities with trees.

Common Neighbourhood Disputes and Resolutions
Melanie Webber
Neighbours should always talk first and complain to City Hall if that fails.

The Municipal Government Board
Peter Bowal
Learn the difference between LARBs and CARBs as we walk you through the most powerful of municipal boards.

Special Report: The Truth and Reconciliation Commission

Era of Reconciliation: A Sacred Relationship
Troy Hunter
The Truth and Reconciliation Report stresses what we have long known: we are all in this together.

The Indian Residential Schools: A Chronology
John Edmond
The chronology of the residential schools spans centuries and generations.

Truth and Reconciliation is Canada’s Last Chance to Get it Right
John Ralston Saul
Canada’s Indigenous peoples have been patient: now we must act.

Calls to Action: The Truth and Reconciliation Commission Report
John Edmond
The Truth and Reconciliation Commission Report made 94 recommendations.  They will require action from multiple levels of government, institutions and even the Pope!

Departments

Benchpress
Teresa Mitchell

  1. Gonzo Language!
  2. Representative Juries
  3. A Tough Spot
  4. Physician-Assisted Suicide

 

Vol 40-3: Protecting Children

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Protecting Children

Sometimes, the state needs to step in to protect children and support families.

Full PDF of this issue

Volume 40-3  January / February 2016

Table of Contents

Featured Articles: Protecting Children

Special Report: The State of our Jails

Departments

Columns

 

Featured Articles: Protecting Children

An Overview to Child Intervention Services in Alberta
Amanda Baretta
Child and Family Services in Alberta will intervene when children need protection.

Privacy Considerations for Families
Riley Gallant
Interventions by Child and Family Services are a sensitive matter and families need to have their privacy protected.

Signs of Safety
Heather D. Malaryk
Signs of Safety is a promising new child protection casework practice being implemented in Alberta.

Litigating Deaths of Children in Care
Avnish Nanda
A shocking number of children have died in care in Alberta.

Marriage Breakdown Affects Taxes and Child Benefits
Christie Hoem-McNall
There are lots of tax issues that arise if you have children!

Special Report: The State of our Jails

Prisoners and Work
Linda McKay-Panos
Employment and work programs are important to help integrate prisoners back into society.

Aboriginal Offenders
Charles Davison
Aboriginal people make up a disproportionate number of Canada’s prisoners. We need to examine why.

Solitary Confinement
Juliana Ho
Solitary confinement can be immensely damaging to prisoners.

Departments

Bench Press
Teresa Mitchell

  1. Autism, Homeopathy and Custody
  2. Well-Drafted Waivers
  3. A Traffic Ticket Odyssey
  4. Names in Japan
Columns

Landlord and Tenant Law
Judy Feng
Renting Out Your Condo: Six Facts You Need to Know

Family Law
John-Paul Boyd
Responding to Children’s Refusal to Visit After Separation – Part 3

Debtor and Creditor Law
J. Douglas Hoyes
Superintendent of Bankruptcy Changes Designation to Licensed Insolvency Trustee

Human Rights Law
Linda McKay-Panos
Human Rights Protection Added for Transgender Identity

Employment Law
Peter Bowal and Jordan Smith
The Law of Leafleting and Picketing

Criminal Law
Melody Izadi
Ontario Court of Appeal says the Police Can’t Climb in your Window!

Not-For-Profit Law
Peter Broder
The “No Gifts to Unqualified Donees” Rule

Law and Literature
Rob Normey
The Peterloo Massacre and The Mask of Anarchy

Famous Cases
Peter Bowal, Enza Rosi, and Christopher Tang
Lac Minerals v. International Corona Resources

 

Vol 40-2: Magna Carta

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Canadians across the country have had an opportunity to see an original copy of Magna Carta. This issue of LawNow explores the relevance of this foundational document to today’s Canada.

Full PDF of this issue

Volume 40-2 – November/December 2015

Table of Contents

Featured Articles: Magna Carta

Special Report: Laws of Interest to Older Adults

Departments

Columns

 

Featured Articles: Magna Carta

Magna Carta: The Great Charter
Dr. Carolyn Harris
The Magna Carta of 1215 is one of the most significant historical documents in the English speaking world.

How Magna Carta Came to Canada
Suzy and Len Rodness
We were asked: “Would your country be interested in hosting an original copy of Magna Carta if a loan could be arranged?” We answered: “Of course!”

The Emergence of Legal Culture: 800 Years of Western History
Peter Bowal
Magna Carta was the foundational document for centuries of progress in human rights in Canada and around the world.

Magna Carta Informs Our Criminal Law
Charles Davison
Magna Carta ended arbitrary prosecution and imprisonment on the whim of the sovereign, and established this fundamental principle for criminal law today.

Magna Carta: A Guide for Educators
Nathan Tidridge
Nothing can replace the experience a student will have when they come face to face with the faded parchment and King Edward’s ancient royal seal of Durham Cathedral’s Magna Carta.

 

Special Report: Laws of Interest to Older Adults

Older Adults Face Complicated Tax Decisions
Caitlin Butler and Joe Devaney
Canada’s tax code includes programs, credits and benefits that can make navigating their taxes a complicated process for older adults.

The Estate Administration Act: The Law Has Changed
Sherrilynn Kelly
Alberta has a new Estate Administration Act, and personal representatives have new obligations and new guidance.

Powers of Attorney
Doris Bonora
Powers of Attorney can help prevent family feuds!

 

Departments

Viewpoint
David Butt
Why our Justice System Works

Bench Press
Teresa Mitchell
Talking to Siri and Till Death Do Us Part?

 

Columns

Family Law
John-Paul Boyd
Parental Alienation: Part Two

Debtor and Creditor Law
J. Douglas Hoyes
How Debt Can Impact your Ability to Sponsor an Immigrant to Canada

Human Rights Law
Linda McKay-Panos
Human Rights Issues Behind the Niqab

Employment Law
Peter Bowal and Chris Sotiropoulos
Defining Bad Behaviour by Employees

Criminal Law
Melody Izadi
Protecting Canadians from the Protecting Canadians from Online Crime Act

Aboriginal Law
Caroline Wawzonek
Let’s Take a Hard Look at the First Nations Financial Transparency Act.

Law and Literature
Rob Normey
Responses to the Despair of the 1930s

 

Vol 40-1: The Law and Technology

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In legal situations, technology can deliver the best of times or the worst of times: it all depends on how it is used.

Full PDF of this issue

Volume 40-1 – September/October 2015

Table of Contents

Featured Articles: The Law and Technology

Special Report: Sports Law

Departments

Columns

 

Featured Articles: The Law and Technology

Technology is Transforming the Practice of Criminal Law
Charles Davison
The practice of criminal law has changed significantly over recent decades as a result of the amazing development in technology.

Social Media and the Law
Brian Vail QC
When people work on a computer alone in a room they can fail to appreciate that they are communicating with the world.

Organizations Need to Build CASLs
Teresa Mitchell and Lesley Conley
Canadian businesses, charities and not-for-profit organizations need to pay attention to Canada’s new anti-spam law.

Porter Airlines: A case study in CASL
Martin Kratz QC
The Porter Airline case gives us insight as to how the CRTC will apply CASL.

R. v Fearon: Can Police Search a Cellphone upon Arrest?
Christine Chong
The Ontario Court of Appeal ruled that if your cellphone is not locked or password-protected, it can be used as a powerful tool to uncover evidence against you.

Some Observations about Evidence in the Electronic Age
Shaun Fluker
The capabilities of the Internet is affecting how we make and practice law.

 

Special Report: Sports Law

Concussions, Case Law and the CFL
Jon Heshka
It was only a matter of time until the CFL would be named in a concussion class action suit. That time has come.

Using Waiver Agreements in Sport: Do They Work?
Rachel Corbett
The use of waivers raises many ethical and moral questions, and the answers can be hard to find.

What Should Organizations Do When Athletes Behave Badly?
Jessica Geense
Universities and other organizations need to have policies and codes of conduct in place to deal with athlete misconduct.

 

Departments

Viewpoint
This issue marks the 40th year of publication for LawNow. We are celebrating!

Bench Press
Bhasin v Hrynew – An Innovative Expansion of the Common Law Doctrine of Good Faith
Olugbenga Shoyele

 

 

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