The Canada Revenue Agency notes on its website that “We recognize that many First Nations people in Canada prefer not to describe themselves as Indians. However, we use the term Indian because it has a legal meaning in the Indian Act.” For the same reason, the author uses the term in this … [Read more...]
Indian Residential Schools: A Chronology
This chronology was compiled to convey, by historic milestones, how the Indian Residential School system came to be, how it embodied attitudes of its time, how critics were dismissed, and how, finally, the deep harm it did to many members of generations of Indian children was exposed in the course … [Read more...]
The Whatcott Case: Balancing Free Speech and Social Harmony
Introduction: a Clash of Rights The freedoms of conscience, religion, thought, belief, opinion and expression comprise some of our “fundamental freedoms” listed in section 2 of the Charter of Rights and Freedoms. They assure the free exchange of ideas, the practice of one’s faith, the development … [Read more...]
Supreme Court Reins in Social Credit
The Reference Re Alberta Statutes case of 1938 (Reference Re Alberta Statutes - The Bank Taxation Act; The Credit of Alberta Regulation Act; and the Accurate News and Information Act, [1938] SCR 100 ) has been written about elsewhere but this monumental decision of the Supreme Court continues to … [Read more...]
The Increasing Importance of Reference Decisions in Canadian Law
Over the past several years, there have been a number of very significant reference decisions that have and will affect Canada’s legal landscape. A reference case is different than a regular civil or criminal case that involves litigating parties. In a reference, the federal or provincial … [Read more...]
Landmark Cases: Cases which have changed the Legal and Social Landscape of Canada
Judgments may constitute landmark decisions in the social context of their time such as the Persons Case (Edwards v. Canada (Attorney General), 1930 ) — where the Privy Council determined that women were eligible to be appointed to the Senate — but may not seem so very startling to our modern … [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...]
