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...]
A Tale of Two Lawyers
I recently reread Charles Dickens’ vivid evocation of Paris in the years when the French Revolution had descended into the bloodletting of the Terror, as well as London, which served as a home for French exiles who had fled the murderous impulse for revenge that had swept up the long- suffering and … [Read more...]
Recent Developments in Criminal Law
It will come as no surprise to anyone tuned into the current political situation in Canada that changes in our criminal laws over the last several years have been consistently in a single direction: that of creating more offences and imposing stiffer penalties. Relying upon its position that … [Read more...]
Is Good Luck Taxable?
Easy Money There seem to be plenty of opportunities to win – big and small – in our lives, from lotteries to radio contests to a friendly wager with a friend. Whether it’s $10 on who wins the golf game, or $10 million from the lottery, does the tax man share in our good fortune? In Canada, the … [Read more...]
Turning a Loss into a Win
I remember the morning well: my mother had asked me to bring in the mail, and as I was sorting through it, a bright envelope with the sentence, “You Are A Grande Prize Winner” caught my attention. My heart leapt; my family just won an astronomical amount of money! When I showed the envelope to my … [Read more...]
Canadian Regulation of Contests, Prizes and Games
Canadians like to participate in public, advertised contests and games. We compete for prizes. Most often we are unaware that the promoters of these events are governed by specific rules in relation to them. The law on contests, prizes and games is sometimes classified under marketing law. A … [Read more...]
The Crime of Counseling Criminal Offences
… some may argue that the publication of Shakespeare’s Henry VI, with its famous phrase “let’s kill all the lawyers”, should be subject to state scrutiny! - R. v. Hamilton, 2005 SCC 47 Introduction A few years ago, a University of Calgary professor suggested on national television that someone … [Read more...]
Basic Facts in Federal Corrections
Canada’s incarceration rate is 117/100,000 adults and youth, while the United States' is 762/100,000 and France's is 91/100,000. The Corrections and Conditional Release Act (CCRA) has been in force since1992 and was amended in 2012. The CCRA outlines the responsibilities of the Correctional … [Read more...]
