Gilles Caron, of Edmonton, was issued a traffic ticket in 2003. Mr. Caron, whose first language is French, fought the ticket, arguing that the ticket, Alberta statutes and his court hearing should all be available in French. A provincial court judge dismissed the ticket charge, finding that the … [Read more...]
Organization Launched to Foster Canadian Charity Law
One could do worse than to study charity law to understand some of the key elements in the Canadian legal system. There are the constitutional questions raised by overlapping federal and provincial jurisdiction with respect to the subject matter. There is the use of the common law – progressive … [Read more...]
Protecting Yourself from Consumer Fraud and Scams
Been offered tickets for a free cruise? Received a heartfelt plea to help a distant relative? Had a bank or credit card company email you for your password and account details? You may have been contacted by scammers looking for your money or your personal information. Every year Canadians lose … [Read more...]
What ever happened to … The Law of Sniffer Dog Searches: Part 2
Introduction: The Flux of Law This article illustrates how quickly and remarkably the common law can adjust when judicial principles change and when new judges are appointed to the Supreme Court of Canada.The common law is generally intended to endure. Judges describe what they do as not … [Read more...]
Persons with Disabilities and the Law – Resources for Research
Persons with disabilities come from all walks of life, age groups, cultures, and geographic areas of Canada. An estimated 3.8 million adult Canadians reported being limited in their daily activities due to a disability in 2012; this represents 13.7% of the adult population. [1] Persons with … [Read more...]
A Brief Primer on Child Support: Part One
Child support is money paid by a parent toward the living expenses of his or her child. Other people can be required to pay child support, including guardians and stepparents.The duty to pay child support is based on a parent’s obligation, under the old common law, to provide his or her child … [Read more...]
Tax Assistance for Persons with Disabilities
According to a 2012 Statistics Canada survey, an estimated 3.8 million adults in Canada are living with a disability. Of those in the survey aged 75 or greater, 42.5% suffered from one or more disabilities that limited their daily activities.Fortunately, Canada has several tools to assist us in … [Read more...]
Viewpoint 38-4: Mothering with Disabilities
In 2012, child welfare authorities sought to remove a new-born baby immediately after birth from a couple who both had cerebral palsy. Authorities identified that the parents would need support in caring for their child, but instead of the state providing that support, they were willing to spend … [Read more...]
A Progress Report of Disability Rights since the Charter
In 1982, the Charter of Rights and Freedoms formally enshrined equality rights into the Canadian constitution. Section 15 of the Charter reads: “every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in … [Read more...]
Insubordination and Dismissal
It is . . . generally true that wilful disobedience of an order will justify summary dismissal, since wilful disobedience of a lawful and reasonable order shows a disregard – a complete disregard – of a condition essential to the contract of service, namely, the condition that the servant must obey … [Read more...]
