Damages for Future Surrogacy Fees For 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 Back 2017 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...]
An Indigenous Perspective to Canada’s 150th Birthday
This year, there are many celebrations for Canada’s 150th birthday. What we are really commemorating is the British North America Act 1867 (BNA Act 1867) which established our country’s Constitution. The BNA Act 1867 has since been renamed the Constitution Act 1982 after the repatriation of our … [Read more...]
Real property; GST and Rebates
Sales of used residential complexes are generally exempt from GST/HST however; the GST/HST applies on sales of new residential properties. The New Housing Rebate and New Residential Rental Property Rebate permit recovery of a portion of the GST/HST that is paid on a newly constructed or … [Read more...]
Money for Nothing: International Longshore v. Ford
Introduction Recently, the Government of Alberta clawed back money it had paid to individuals on the basis of mistake. The government determined that these individuals had been ineligible to receive the money. This story attracted attention because the government was demanding the return of money … [Read more...]
Whatchu doing with our Rights, Virgin Radio?
How a Toronto-based radio station makes light of the presumption of innocence, every week. One of the cornerstones of our justice system is the presumption of innocence. It’s a constitutionally protected right that is supposed to guarantee an individual all the blessings and grandeur of ‘innocent … [Read more...]
The Statute of Westminster: A Stepping Stone towards Canadian Independence
British imperial history is replete with examples of declarations of independence, often accompanied by violent uprisings or civil conflict. One of the fundamental documents of Canadian independence was also a declaration, albeit of a different character and issued under very different … [Read more...]
The Rule of Law: Two Notable Supreme Court Decisions to Celebrate
The concept of the rule of law and the need to strictly comply with it is often presented with a flourish in legal and political debates. Canadians know that the rule of law is manifestly a good thing. We might, though, have some difficulty pinning it down. Surely, the growing recognition that … [Read more...]
