Whereas, on or about the night prior to Christmas, there did occur at a certain improved piece of real property (hereinafter "the House") a general lack of stirring by all creatures therein, including, but not limited to a mouse.A variety of foot apparel, e.g. stocking, socks, etc., had been … [Read more...]
Judging Guidance
It is trite law that guidance about registered charities issued by the Canada Revenue Agency (CRA), through its Charities Directorate, does not have the force of legislation or regulations. Courts can reject or ignore it when determining the permissibility or impermissibility of an organization’s … [Read more...]
Human Rights Implications of New Provincial Impaired Driving Laws
Like many other Canadians, I am not terribly sympathetic towards people who drive while impaired, through alcohol, drugs (prescribed or illegal), while texting, or experiencing extreme fatigue. We have a set of laws under the federal Criminal Code of Canada, RSC 1985 c C-46, that address impaired … [Read more...]
Can We Help You With Christmas?
For many of us, this time of year is a time for personal reflection, and pondering what the next year will bring. The theme of “The Law and Christmas” brings to mind the debate around the appropriateness of Christmas in the public sphere within a multicultural society – a debate that we mostly hear … [Read more...]
Occupational Health and Safety 3: Ticket Offences at Work
Introduction Most Canadians are familiar with “tickets” for minor offences. If we have personal experience at all with the legal system, it is most likely through receiving the occasional ticket for parking, seat belts, rolling through a stop sign, speeding or some other traffic offence. There … [Read more...]
Sacco and Vanzetti: The Never-ending Wrong
I’ve got no time to tell this tale the dicks and bulls are on my trail But I’ll remember these two good men That died to show me how to live -Woody Guthrie, Two Good Men, from Ballads of Sacco and Vanzetti I have long been fascinated by the American case that was … [Read more...]
Who is a Parent? Not a Simple Question!
If anything could be said about the law, it is slow to change. Our social structure continues to evolve at a faster pace than the law, which is creating difficulties in society and the courts. We are seeing impacts on individuals and couples who are having children in non-traditional ways as the … [Read more...]
No Right to “Know One’s Past”: The BCCA in Pratten v British Columbia (Attorney General)
In a decision released on November 27, 2012, the British Columbia Court of Appeal (BCCA) in Pratten v British Columbia, 2012 BCCA 480, reversed the British Columbia Supreme Court’s (BCSC) decision that provisions of the provincial Adoption Act are unconstitutional as a result of their failure to … [Read more...]
Legal and Ethical Support for Newborn Safe Havens
In May 2010, Providence Health Care in Vancouver announced the opening of the first newborn safe haven in Canada at St. Paul’s Hospital. Four months later, Providence confirmed a healthy baby was dropped off at the hospital, setting off a further round of national and international media … [Read more...]
Vol 38-2: Birth and the Law
Full PDF of this issue Table of ContentsFeatured Articles: Birth and the LawSpecial Report: The Law and ChristmasDepartmentsColumnsFeatured Articles: Birth and the Law Few events in life are as intimate and personal as giving birth, but even this aspect of life has legal … [Read more...]
