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...]
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...]
Vol 38-4: Language and the Law
Full PDF of this issue Table of ContentsFeatured Articles: Language and the LawSpecial Report: The Law and Persons with DisabilitiesDepartmentsColumns Featured Articles: Language and the Law The choices we make in language – words, even punctuation – can shape legal … [Read more...]
Vol 38-3: When It Hurts to be Home
Full PDF of this issue Table of ContentsFeatured Articles: When it Hurts to be HomeSpecial Report: The Law of Lost and FoundDepartmentsColumnsFeatured Articles: When It Hurts to be Home What happens when your home is not a safe and welcoming place? The law can help; … [Read more...]
