Melanie Johnson arranged for a Calgary designer and tailor to make four bridesmaid dresses, a flower girl’s dress and a wedding veil for her October 2011 wedding, and to make alterations to her wedding dress. As the wedding approached, the emails and text messages began to fly. The bride received … [Read more...]
Bench Press 38-6: Court Decision an “Earthquake”
Both the land and the legal landscape underwent a transformation recently as a result of a Supreme Court of Canada decision. The Court ruled for the first time that an Aboriginal nation has title to a remote piece of beautiful land in British Columbia. The Court wrote: “The nature of Aboriginal … [Read more...]
Viewpoint 38-6: A Bench Mark case indeed!
Just as we were preparing the final touches to this issue of LawNow, my editorial assistant reminded me that we did not have a Viewpoint column. Perhaps I can blame the lead-up to summer time that this omission had slipped my notice. However, we were handed a gift by the Supreme Court of Canada on … [Read more...]
Bench Press 38-5: Habeas Corpus in Modern Times
The Supreme Court of Canada has ruled unanimously in favour of a federal penitentiary prisoner who challenged a prison warden’s decision to transfer him from medium to maximum security. Gurkipal Khela used the ancient writ of Habeas Corpus: the right to go before a court to challenge his or her … [Read more...]
Bench Press 38-5: Shakespeare in Court
An Ottawa judge quoted Shakespeare when sentencing a 69-year-old sex offender recently. The offender had assaulted his neighbour in her home after taking her out for a birthday dinner. The Judge referenced Act 1 Scene VII of MacBeth: “He’s here in double trust. First, I am his kinsman and his … [Read more...]
Bench Press 38-5: Some Bones to Pick
Poor Richard III! Shakespeare’s play portrays him as a villain and a murderer. Killed in battle 500 years ago, his remains were discovered in 2012 under a parking lot in Leister, England. Another battle ensued about where to bury him. The Government had granted a burial license to the City of … [Read more...]
Bench Press 38-5: Justice is Blind
The Alberta Court of Appeal recently faced an interesting dilemma when pondering how to sentence a legally blind man. The accused had been found guilty of sexual assault. He was legally blind and had used a guide dog since he was 17. The trial judge feared for his safety in prison and worried that … [Read more...]
Bench Press 38-5: Balancing Work and Family
Fiona Johnstone began a long odyssey through Canadian courts when she encountered difficulties in finding childcare for her two toddlers so that she could continue to work for Canada Border Services. A childcare expert testified that Ms Johnstone faced a very difficult work environment: different … [Read more...]
A Film Series: “Do the Rights Thing”
LawNow’s long-time Law and Literature columnist Rob Normey has been deeply involved in the development of a monthly film series called Do the Rights Thing: Standing up for Human Rights in History. The film series was developed by the John Humphrey Centre for Peace and Human Rights and is being … [Read more...]
Bench Press 38-4: Cabinet Ministers Breaking the Law
Several environmental groups took the federal ministers of oceans and fisheries and the environment to Federal Court seeking a declaration that they must act to protect endangered species. Madame Justice Anne McTavish granted them the declaration they sought. She noted that the Species at Risk Act … [Read more...]
