At some point in high school, we learn that we live in a nomocracy, which is a fancy ten-cent word for a society governed by the rule of law. The whole “governed by the rule of law” thing is an especially important quality of democracies like ours. It includes the following rights: All of … [Read more...]
Good Behaviour and Tenure of Supreme Court Justices in Canada and the United States
The death of Justice Ruth Bader Ginsburg, in September 2020 at the age of 87, and the appointment of Justice Amy Coney Barrett to the Supreme Court of the United States, where she can serve for decades, prompted me to write this article. The Supreme Courts of Canada and the U.S. are the courts … [Read more...]
Changes to Alberta Employment Law. Again.
On November 1, 2020, several changes to Alberta’s Employment Standards Code came into effect. Changes include payment of earnings after termination, deductions, averaging arrangements for calculating overtime, rest periods and calculating general holiday pay. These changes are detailed in Bill 32: … [Read more...]
When the Doorbell Rings: Direct sales contracts
Your doorbell rings at home. You take a peek out your window. Then the realization hits you: it’s someone going door to door trying to sell you something again. If you’re anything like my cat (or me), you promptly hide in another room until the seller is gone –unless they are selling cookies, of … [Read more...]
Model Crowdfunding Statute Released
The Uniform Law Conference of Canada (ULCC) is a body that develops model legislation that provinces can adopt to create a consistent and harmonious legal framework across jurisdictions. It has now provided a roadmap on the issue of crowdfunding, and more specifically internet fundraising. This is … [Read more...]
Two Human Rights Heroes
The year 2020 has been a time of great rupture and adversity. Around the globe, we have seen the rise of a large number of authoritarian, hard-right rulers who have demonstrated contempt for democratic values. Their actions have seriously undermined the fundamental rights of their own citizens, and … [Read more...]
Retaining a Lawyer
You have asked your friends, looked at websites and finally settled on a lawyer who seems to be a good fit for your case. But before you become a client of that lawyer, you must first retain them. Unfortunately, retaining a lawyer is not always straightforward. The process involves checking whether … [Read more...]
The Role of Crown Prosecutors in our Criminal Justice System
Television shows such as Law and Order portray lawyers who prosecute crime as the heroes - fighting for justice and being the victim's voice in the court. In real life, these lawyers do play a critical role in the criminal justice system. However, shows that portray prosecutors as the defenders of … [Read more...]
Getting a Fair Say: Adjudicative bodies and the duty of fairness
“Administrative bodies” play a critical role in many areas of the law – from human rights to municipal planning to labour and employment. Maybe you have heard of the Human Rights Commission, the Subdivision and Development Appeal Board, the Labour Relations Board, the Immigration and Refugee Board … [Read more...]
A2J and Public Legal Education in 2020 in Alberta
What is justice? It is widely stated that we have an access to justice (A2J) crisis in Canada. You will get a variety of answers, though, if you ask people what they think this means and what we can do about it. As Lois Gander points out in her article in this issue of LawNow, one reason is that … [Read more...]
