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...]
“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...]
