The Supreme Court of Canada has ruled that a British Columbia school district discriminated against a dyslectic student when it did not provide the remedial help he needed at his public school. The child ended up in private school, at great expense to his parents. The B.C. Human Rights Tribunal … [Read more...]
Relocation Advisory Guidelines – an idea whose time has come?
Law professor Nicholas Bala of Queen’s University in Kingston, Ontario, took a close look at 750 Canadian cases1 where one parent asked for the court’s permission to move a child against the other parent’s wishes. Even though mobility cases seem ‘rule-less’ and the decisions give the impression of … [Read more...]
Defamation by Hyperlink
Introduction The Supreme Court of Canada’s 2011 decision in the case of Crookes v. Newton is a prime example of how individual rights as ephemeral as reputation must be balanced with other freedoms, such as expression, in this powerful, evolving medium of the Internet. Facts Website owner Jon … [Read more...]
Bills of Rights in Canada
When Canadians think of human rights law, the Charter of Rights and Freedoms and their provincial human rights Acts are most likely to come to mind. These are the best known and most important human rights instruments. But what is a Bill of Rights and how is that different from these other two human … [Read more...]
The Constitutions of the Maritime Provinces
To understand the constitutional makeup of Canada, one must appreciate an important historical fact: the constitutional heritage of the country is older than the country itself. This is so because several of the provinces that would eventually become part of the Dominion of Canada had their own … [Read more...]
The Canadian Charter of Rights and Freedoms: An Integral Part of our Constitution
This year marks the 30th anniversary of the Canadian Charter of Rights and Freedoms. The Charter has had a significant impact on our governments and courts and it is a part of our Constitution. How does the Canadian Charter of Rights and Freedoms (Charter), the Constitution Act, 1982, Schedule B to … [Read more...]
O Patria: The Patriation Struggles
Should a government fail to respect natural rights, wrote Locke and Rousseau, then disobedience and rebellion were justified. Thus was born the modern notion of human rights. So responsive was this notion that the greatest social revolutions in the history of the western world took place – one in … [Read more...]
Proposed Bill, Though Well-intentioned, Raises Questions
In what is becoming a quite regular occurrence, the latest Parliamentary session saw introduction of a Private Member’s Bill related to charities. Bill C-458, sponsored by Kitchener-Waterloo MP Peter Braid and given first reading in the House of Commons in late October, calls for an annual National … [Read more...]
Canada’s New Anti-Spam Legislation: What to Expect
Recently, I spoke with Ralph Kroman about Canada’s new Anti-Spam Legislation. I learned some very interesting information about this new legislation. Ralph Kroman is a business lawyer with WeirFoulds LLP. He helps his clients deal with intellectual property and technology matters such as the … [Read more...]
Evolution, Not Revolution: Canada’s Constitutional History and the Constitution Act, 1867
You say you want a revolution,Well, you knowWe all want to change the worldYou tell me that it’s evolutionWell, you knowWe all want to change the world…You say you’ll change the constitutionWell, you knowWe all want to change your head- From “Revolution” by John Lennon and Paul … [Read more...]
