20/20: Looking back over the last 20 yearsIn April 2003, the Youth Criminal Justice Act (YCJA) replaced the Young Offenders Act. The YCJA sets out the justice system that applies to young persons – aged 12 to 17 – charged with an offence in Canada. Children under 12 cannot be charged with a … [Read more...]
Gold Dust Nations: The Ayn Rand effect
In 1977, Stevie Nicks of Fleetwood Mac sang “Gold Dust Woman, … take your sliver spoon , dig your grave.” A mere two years later, Margaret Thatcher was elected prime minister of Britain. She declared there is no such thing as society, and progressive politics based on democratic socialism must be … [Read more...]
Provinces Leaving Canada Part I: The Quebec Secession case
. . . a clear majority vote in Quebec on a clear question in favour of secession would confer democratic legitimacy on the secession initiative which all of the other participants in Confederation would have to recognize. - Reference Re Secession of Quebec, [1998] 2 SCR 217 at para … [Read more...]
Opening the Legal Profession: The Andrews case
While legislatures must inevitably draw distinctions among the governed, such distinctions should not bring about or reinforce the disadvantage of certain groups and individuals by denying them the rights freely accorded to others. - Andrews v Law Society of British Columbia, [1989] 1 SCR … [Read more...]
New at CPLEA – Vol 44-2
Join us for CPLEA's new free Workshop Series!In this issue of LawNow, we are highlighting our upcoming free workshops. Every year CPLEA leads workshops for front-line service providers, teachers, librarians and other information service providers. Building on our past successes, CPLEA is … [Read more...]
Re-opening the Case of L’Etranger
Albert Camus’ early masterpiece The Stranger, published in 1942, is an enigmatic fable that has entranced generations of readers. One such reader, the Algerian journalist Kamel Daoud, has expressed his admiration for Camus’ writings. Despite his appreciation, he also poses serious questions about a … [Read more...]
Registered Charity Policy Advocacy: Rules beyond the Income Tax Act
Although welcome and overdue, the new federal tax legislation and guidance on policy advocacy by registered charities doesn’t mean that compliance worries faced by sector organizations in this area are a thing of the past. For those unfamiliar with the changes, more information on them can be found … [Read more...]
Equality Issues and Assisted Death Legislation
In Carter v Canada (Attorney General), the Supreme Court of Canada (SCC) ruled that Criminal Code sections 241 and 14 deprived adults of their right to life, liberty and security of the person under s. 7 of the Charter. Sections 241 and 14 prohibited physician-assisted dying for competent adults who … [Read more...]
Reading Between the Lines: Implied terms in individual employment contracts
An overview of the unwritten and unspoken terms implied by law and by fact into employment contracts.In Canada, every non-unionized employee has a contractual relationship with their employer. What does that contract look like?Employment contracts may be written or oral, or both. When you sign … [Read more...]
Charter of the French Language: Quebec v Blaikie
A recent LawNow article outlined the constitutional history and framework of bilingualism in Canada. In this article, we focus on Quebec’s 1977 Charter of the French Language, popularly known as Bill 101.This legislation raised the question of whether a provincial government could broadly … [Read more...]
