Family violence remains a serious, on-going problem for many inhabitants of Canada. Justice Canada defines it as any form of abuse, mistreatment, or neglect that a child or adult experiences—physically, sexually, emotionally, financially, or otherwise—from a family member or from someone with whom … [Read more...]
Finders Keepers? A Historical Survey of Lost and Abandoned Property and the Law
Introduction You are walking along a busy downtown street when a small object on the ground catches the corner of your eye. Intrigued, you bend down to find a small pouch which upon further examination contains a gold bracelet. There is neither attached identification nor any sign of the owner. To … [Read more...]
Including Pets in Protective Orders
There is a growing awareness of the importance of pets to their owners, and especially to victims of domestic violence who rely on them for comfort and security at a time when they are most needed. Perpetrators of violence know this too – which is why they often threaten, harm, or even kill the pets … [Read more...]
All Is Not Lost: The Law of Lost and Found
“Property and law were born and die together” - Jeremy Bentham, English philosopher, The Theory of Legislation (1931)Introduction We all know the feeling when we lose something. Cell phone? Car keys? Most of us also know what it feels like to find something, such as a wallet. Losing a … [Read more...]
Reflecting on Family Violence
I practise family law and often my clients have experienced, or are experiencing, family violence. It can be difficult to discuss “family violence” generally because there is no one experience of violence. A “yes” to a general question about whether or not a client has experienced family violence … [Read more...]
Domestic Violence, Renting and the Law
Homelessness is often a result of domestic violence (DV). When someone is fleeing violence at home, he or she needs somewhere to live and often has few or limited resources. There are additional difficulties if the person is a renter and either wants to remain living in the property, or is trying to … [Read more...]
Viewpoint 38-3: Bus Ads Target and Isolate Muslims
We would like to provide some context and background surrounding the “honour killing” ad campaign on Edmonton Transit buses sponsored by the America Freedom Defense Initiative (AFDI).The term “honour killing” must stop being used. It needs to be called what it is: murder, femicide, wrong. … [Read more...]
Bench Press 38-2: On Second Thought…
An Ontario judge convicted a man of a firearm offence. However, at the sentencing hearing three months later, he announced that he had changed his mind. He stated: “To convict Mr. Griffith raises the risk of a grave injustice. The Crown has presented a strong case, but I can no longer say in good … [Read more...]
Bench Press 38-2: The Environment, Fair Play and Natural Justice
The Pembina Institute and the Fort McMurray Environmental Association asked for a judicial review of a decision by the Director of Northern Region Alberta Environment and Sustainable Resources Development. The Director had rejected a Statement of Concern filed by the two entities under the Alberta … [Read more...]
Bench Press 38-2: Elderly Martyr
Audrey Tobias is an 89-year-old peace activist who refused to fill out the 2011 Census because the results would be processed using software from U.S. military contractor Lockheed Martin. She was charged under the Statistics Act. She argued that forcing her to fill in the census would violate her … [Read more...]
