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...]
“Meaningful Access”: Students with learning disabilities strive to be included
Jeffrey Moore attended public school, at School District No. 44 (the “District”), from kindergarten to grade three, beginning in 1991. Jeffrey had access to an aide and attended a Learning Assistance Centre; his parents hired a private tutor. By January 1994, in grade 2, Jeffrey had serious … [Read more...]
Freedom of Association and Collective Bargaining: Are There Justifiable Limits?
For several years, public service employees have been restricted in their right to strike, in order to preserve their “essential” services. However, some argue that recent changes to Alberta’s public service labour legislation unjustifiably interfere with several rights under the Canadian Charter of … [Read more...]
Criminal Defence Law in the North: Part Two
In my last column (Part One) I briefly sketched out some aspects of substantive criminal law as it is enforced and applied in the Northwest Territories. I want in this contribution to comment upon some underlying factors which, at least sometimes, lead to criminal conduct, as well as aspects of … [Read more...]
Quebec’s Need for Cultural and Linguistic Protection, the Notwithstanding Clause, and the Demise of the Meech Lake Accord
For careful observers of Canadian culture and politics, there was an obvious irony attached to the House of Commons motion that was approved in November of 2006, recognizing Quebec’s special place in Confederation. The motion garnered 265 yeas and a mere 16 nays and stated: “Que cette Chambre … [Read more...]
You Can’t Do or Say That: Constraining individual conduct in a public and commercial world
Greek triple-jumper, Voula Papachristou, was expelled from the 2012 London Olympic Games because of a disparaging and racist tweet she broadcast days before the Games. European soccer players making negative comments about officials on or off the field now face suspension. An 18-year-old Canadian … [Read more...]
The Intersection of Law, Language and Culture
Introduction When we think of the intersection of law and language, most of us reflect on the linguistic sides of the issue, such as: questions about why law-makers use certain words as opposed to others, queries about ‘legalese’, and problems of misunderstanding, interpretation and translation. … [Read more...]
Multicultural Family Law Facilitators Project
Project Description This article briefly describes the Multicultural Family Law (MFL) Facilitators project developed by United Cultures of Canada Association, Family Law Office (Legal Aid Alberta) and ASSIST Community Services Centre with financial assistance provided by the City of Edmonton – … [Read more...]
