Introduction The Christmas and New Year holiday season is a good time to reflect generally on work and legally enforced rest. This article is about the law of holidays, the legislated observance, and payment of holidays by employers across the country for the benefit of their workers.There is … [Read more...]
The Lack of Representation of Indigenous People in Canadian Juries
Earlier this year, the acquittal of Gerald Stanley in R. v. Stanley, 2018 SKQB 27 (“R. v. Stanley”) sparked important discussions on the Canadian criminal justice system and Indigenous peoples’ experiences within this system. Specifically, this decision sparked a discussion on the representation of … [Read more...]
Transparency Around Jurors and Verdicts Would Help Trial Fairness
To many observers, the verdict in the Gerald Stanley trial was wholly unsatisfactory. From the outside, an acquittal in the shooting death of the 22-year-old Cree man Colten Boushie seemed unthinkable: he had been shot in the back of the head, while sitting unarmed in a vehicle. The trial became a … [Read more...]
Post Jordan Mentality vs. Humanity: Who Wins?
After the Supreme Court of Canada’s ruling in R. v Jordan, 2016 SCC 27, which clarifies and streamlines the Charter of Rights and Freedoms delay of proceedings applications pursuant to section 11(b), “Jordan issues” in the courtroom are still alive as ever. Crown Attorneys, judges and court staff … [Read more...]
Limits on Recourse for Donors Once a Gift is Made
It is an under-appreciated nuance of Canadian charity law that s. 92(7) of our Constitution actually gives the provinces the bulk of regulatory authority over charities. Provincial governments often don’t exercise their jurisdiction in this area, so the federal government’s Canada Revenue Agency … [Read more...]
Jury Trials: Cost, Controversy and Secret Powers
In the first part of this discussion about juries,I explained some basic points: why we have jury trials and how we decide who should be on a jury. Now, I will discuss some of the more controversial aspects to juries, and will focus on three areas:the costs of (including delays associated … [Read more...]
Liability of Volunteers in Natural Disaster Emergencies
Introduction Alberta has recently suffered several sudden, prominent, ruinous natural calamities: the 2012 wildfires in Slave Lake, the 2013 flood in southern Alberta, and the 2016 wildfire in Fort McMurray. The 2013 flood affected hundreds of thousands of people and took five lives. It is the … [Read more...]
The Emergency Medical Aid Act and Emergency Situations
The New Testament story of the Good Samaritan is familiar to most people with even a basic knowledge of Christian teachings. Briefly, Jesus is reputed to have been asked “who is my neighbour?” In other words, give us an example of what would constitute an act of compassion for a stranger in trouble. … [Read more...]
The Evolution of the War Measures Act
"We are living in extraordinary times," opined Anglin J in Re Gray (1918) 57 SCR 150, "which necessitate the taking of extraordinary measures." It was 1918, the final year of the First World War, and the extraordinary measures at issue were powers exercised by the government pursuant to the federal … [Read more...]
Updated Rules Protect Albertans from Disaster
The Emergency Management Amendment Act is now in effect, providing communities with an easy reference as they develop and refine their emergency management plans and programs. “We have all seen the number and severity of disasters increase over the years – and every time a major event happens, we … [Read more...]
