For years, the Criminal Code has been in need of an overhaul. As the cornerstone of criminal law in Canada, the Criminal Code, is a large piece of federal legislation officially called An Act respecting the Criminal Law that includes the majority of Canada’s criminal offences, procedures, and … [Read more...]
The “Drop-Dead” Rule in Civil Litigation
Lawyers are required to navigate a myriad of potential issues for their clients during the course of litigation. Clients rely on their lawyers not only to handle highly complex questions of law, but also to address the procedures required to bring their matters before the courts. While these rules … [Read more...]
Loosening the “Dead Hand”: Conditions on Gifts in Wills
One of the most well-known (if creepy-sounding) metaphors in estates law is the “dead hand”—an attempt by the deceased to continue to control their property after they have died. Estate planning can be difficult, as it can make people face questions that require them to envision themselves as no … [Read more...]
Omar Khadr.1
“That when a government violates a Canadian, any Canadian’s fundamental rights, and allows them to be tortured, there are consequences and we all must pay . . . the question is what the Government of Canada did or didn’t do and that as a deterrent, as taking responsibility, and that as actually … [Read more...]
Who Makes the Law of Work in Canada?
Introduction Canada is a large country with several levels of government and different law-making authorities. Constitutionally, Canada is a federal country, which means it is organized under two levels of government: national and provincial. It is also jointly governed by legislatures and … [Read more...]
Understanding the Connections Between International Law and Canadian Criminal Law
Criminal law usually addresses only incidents and issues arising within our borders, between persons in Canada. However, especially in today’s global world, there are a number of ways in which Canada’s position internationally – including treaties and agreements made with other countries and … [Read more...]
“Ghosts” in the Criminal Code
One of the most highly publicized criminal trials in recent Alberta history ended in the fall of 2016 with a degree of judicial embarrassment. Having broken new ground by allowing the live broadcasting of his decision in the case, the trial judge mistakenly found Travis Vader guilty of the … [Read more...]
Dealing with US Debts in a Canadian Bankruptcy
Given the many Canadians who have business, assets, work or winter in the United States (“US”), it is not uncommon for someone in Canada to owe money to a US lender. If you went to school in the US, you may even have US student debt. How US debts are treated in a bankruptcy if you cannot repay those … [Read more...]
NAFTA in a Nutshell
NAFTA. It’s one of the most important agreements in place on the continent. But what’s all the fuss about and why has it become such a buzzword? Since 2016, US President Donald Trump has brought it up regularly, calling for a complete overhaul of the deal, arguing that it’s the “worst trade deal … [Read more...]
Tax Treaties
The Canadian income tax system can be complex by itself. The complexities expand significantly where the tax systems of other countries are also relevant. Most nations have a network of “Income Tax Conventions”, more often referred to as “Tax Treaties”, to govern the interaction of their tax … [Read more...]
