The Supreme Court of Canada homepage opens with, “Canadians are privileged to live in a peaceful country.” With Chief Justice Beverley McLachlin retiring in December, that homepage opener is too modest. It should read, “Canadians are privileged to live in a country with an outstanding chief … [Read more...]
Dozens of Legal Reasonables
The test is whether a reasonably informed bystander could reasonably perceive bias on the part of an adjudicator. Nicholson v. Haldimand-Norfolk Regional Police Commissioners, (Supreme Court of Canada, 1979, p. 325) http://canlii.ca/t/1mkvlIntroduction If all the considerable bend in the … [Read more...]
The Reasonable Person
The reasonable person standard in tort law looks at whether a person's unintentional or careless actions mean they are liable for someone else's injuries.Tort law is an umbrella field of law, which aims to correct injustices that have happened between individuals. The courts assess whether the … [Read more...]
Syncrude Ducks Produce Creative Sentence
Introduction Syncrude Canada Ltd, formed as a joint venture, is currently one of the earliest and largest producers of crude oil from Canada's oil sands. The consortium was initially formed in 1964 to mine oil from the Athabasca oil sands. It operates a large oil sand mine, utilities plant, … [Read more...]
41-6: The Reasonables
There are hundreds of ways that the concept of “reasonableness” plays out in Canadian law and society. Let’s look at a few. Volume 41-6 Jul/Aug 2017Full PDF of this issue Table of ContentsFeatured Articles: The ReasonablesSpecial Report: Environmental … [Read more...]
New Resources at CPLEA – Vol. 42:1
LawNow has created a Department called New Resources at CPLEA, which is now a permanent addition to each issue. Each post will highlight new materials at CPLEA. All resources are free and available for download. We hope that this will raise awareness of the many resources that CPLEA produces to … [Read more...]
BenchPress – Vol 41-6
Damages for Future Surrogacy FeesFor the first time in Canada, a car crash victim has been awarded financial compensation for the future cost of surrogacy. The case, Wilhemson v. Dumma, centered on Mikaela Wilhemson who was the sole survivor of a “horrendous, high-speed, head-on” collision that … [Read more...]
Free of the Colonial Yoke? Not quite!
Jeopardy clue: “The Constitution of this 150-year old country exists as “Schedule B” to an ordinary statute of another country.” Correct response: “What is Canada?”This is true of what has been for 35 years the most significant part of the Constitution of Canada, the Constitution Act, 1982, … [Read more...]
Symposium on Children’s Participation in Justice Processes Coming to Calgary
Canada and its provinces are signatories to the UN Convention on the Rights of the Child, an international treaty that requires governments to recognize children’s fundamental human rights. In particular, Article 12 of the Convention says that children must be given “the opportunity to be heard in … [Read more...]
The Significance of the Charter in Canadian Legal History
The Canadian Charter of Rights and Freedoms is a bill of rights - a statement of rights and freedoms that was added to the Constitution in 1982.Looking Back2017 not only marks 150 years since the British North America Act, 1867 (better known today as the Constitution Act, 1867), came into being, … [Read more...]
