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...]
Canadian Jurors Need Mental Health Support
Former juror Mark Farrant has observed that jury service is the last mandatory form of service since the abolition of military subscription. Each year thousands of Canadians are called to perform this last mandatory form of civic duty.Jurors play an integral role in the administration of … [Read more...]
Juries as the Great Democratic Hope of the Criminal Trial
The greatest lawyer of the ancient world, Cicero, proclaimed that where there is life, there is hope. It seems to me that one can adapt that saying to the inspiration for retaining the right to a jury trial in the modern world, despite all the potential hazards that individual juries might present … [Read more...]
43-3: Juries in Canada
Full PDF of this issue Volume 43-3 Jan/Feb 2019Table of ContentsFeatured Articles: Juries in CanadaSpecial Report: Emergencies and the LawDepartmentsColumns The jury system is an important part of our criminal justice system. This issue … [Read more...]
BenchPress – Vol 43-3
The Supreme Court of Canada has released a number of interesting cases over the last few months. This issue of BenchPress will look at four of them. Two are of national significance, and two reveal the profoundly personal situations that cause Canadians to access the justice systemA Deal is a … [Read more...]
