For the second time this year, courts have found fatal flaws in sections of the federal Truth in Sentencing Act. In April the Supreme Court of Canada ruled that judges could give 1.5 days credit for every day an offender spends in pre-trial custody when determining a sentence, despite the Act’s … [Read more...]
What, Why and Where: Untangling Jurisdiction in Family Law
It can be a real challenge to figure out which court to go to when a family law problem needs to be resolved by a judge. You may need to go to a court where you live, or a court somewhere else. If you are going to a court where you live, you’ll have to decide which of the three levels of court you … [Read more...]
Bench Press 39-1: The Facebook Factor
A Nova Scotia judge has ruled that a plaintiff’s Facebook usage history data can be accessed by a lawyer defending a personal injury claim. The lawyer was seeking the data under the disclosure of documents rule in the Nova Scotia Civil Procedure Rules. The Plaintiff was alleging that her ability … [Read more...]
How is property divided at the end of a relationship?
The property rights that you have at the end of a relationship depend on what kind of relationship you had in the first place. Are you married? Living together? If you are married, then the property rights that you have come from Alberta’s Matrimonial Property Act. If you are living together but are … [Read more...]
Talking to the Police
The police are key players in the criminal justice system. “To prevent crime and to make sure that there is order in the community, police officers are given special powers to search, arrest and detain any individual who is committing, has committed or who is believed to have committed a criminal … [Read more...]
U.K. Case Potentially Positive Step in Recognizing Human Rights Work as Charitable
Human rights work has a checkered history in the world of charity law. One might have thought that this would be an area where the conception of charity in the popular imagination dovetailed with the public benefit that is the litmus test for qualifying in law as a charity. But that is not so. A … [Read more...]
Whatever Happened to … David Chen and Citizen Arrests
Arrest consists of the actual seizure or touching of a person’s body with a view to his detention. The mere pronouncing of words of arrest is not an arrest, unless the person sought to be arrested submits to the process and goes with the arresting officer. – R. v. Latimer, [1997] 1 SCR 217 The … [Read more...]
Prostitution Law in Canada: Will the Charter Dialogue Continue?
Constitutional law experts, such as Peter Hogg, speak about the relationship between the Supreme Court of Canada (SCC) and Parliament as a “dialogue”. Parliament passes a law, which might later be challenged as being contrary to the Canadian Charter of Rights and Freedoms (“Charter”). Often, after … [Read more...]
Viewpoint 39-1: Like hockey, Court’s ‘Mr. Big’ decision clarifies the rule book and the ‘code’
What are Canada’s pre-eminent cultural symbols? Hockey is surely a top contender. The values of the rink are deeply embedded in our broader social values. Another contender is our criminal justice system, which strikes a quintessentially Canadian compromise between individual liberty, and collective … [Read more...]
Regulation of Employment Agencies
. . . the essential duty of the employment service shall be to ensure . . . the best possible organization of the employment market as an integral part of the national programme for the achievement and maintenance of full employment and the development and use of productive resources. - … [Read more...]
