LawNow is pleased to announce the creation of a new Department, called New Resources at CPLEA, which will be a permanent addition to each issue. Each post will highlight new materials at CPLEA. All resources are free and available for download. We hope that this will raise awareness of the many … [Read more...]
BenchPress – Vol 41-2
Judge Restrains Restraint Policy Newfoundland and Labrador Provincial Court Judge John Joy recently wrote a decision criticizing the police practice of automatically using leg shackles on prisoners. He stated that the practice of restraining prisoners without first determining if it is justified is … [Read more...]
BenchPress – Vol 41-1
A Different Divorce A British Columbia Provincial Court judge has divorced himself from a couple who have long been bickering in his court over custody and access issues concering their young child. Judge Bruce Hyer ordered a very detailed and specific parenting plan to take the family … [Read more...]
Medical Assistance in Dying: An Enormous Change in Canadian Social Policy
Now, the focus will shift to the provinces.On June 17, 2016, Canada passed Bill C-14, An Act to Amend the Criminal Code, to enable citizens to access medical assistance in dying. Canada now joins a small group of countries and U.S. states that give their citizens such an option. It came about … [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...]
BenchPress – Vol 40-5
1. Miscarriage as a Workplace Disability The Ontario Human Rights Tribunal has issued a decision stating that a miscarriage can be a disability. Winnie Mou was dismissed from her position after failing to meet work targets. She had missed three weeks of work due to a deep tissue injury, and … [Read more...]
BenchPress – Vol 40-4
Gonzo Language! The Federal Court of Appeal used some unusually strong language in a recent judgment about a claim for costs. The claim was made by the two lawyers who successfully challenged the appointment of Judge Marc Nadon to the Supreme Court of Canada. Together, the two lawyers asked for … [Read more...]
Bench Press – Vol 40-3 Autism, Homeopathy and Custody
Two small boys with severe and profound autism spectrum disorder were at the centre of a custody dispute between their parents. The children have seen a myriad of medical and health care professionals. The father began giving the boys a series of homeopathic treatments after consulting with … [Read more...]
BenchPress – Vol 40-2
Talking to Siri The Nova Scotia Supreme Court has upheld a ruling by a provincial court judge about the definition of “using” a cellphone. Dr. Ajirogho Ikede is a medical officer in the Canadian Forces. A policeman observed him driving his car while holding his cellphone in his hand. He was … [Read more...]
Vol 39-6: The Top Court
Canada's top court is a cornerstone of our Parliamentary democracy and the Rule of Law. It has shaped our nation since 1875. Full PDF of this issue Volume 39-6 - July/August 2015 Table of Contents Featured Articles: The Top Court Special Report: Self … [Read more...]