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...]
The Evolution of Five Legal Doctrines in the Supreme Court of Canada
Introduction Legislation is enacted, amended and repealed over time in response to improvements and changes in social currents. The common law also evolves in the same way as judges pronounce, tweak and elaborate and then occasionally over-rule their previous legal doctrines. A recent search … [Read more...]
Punitive Damages and the Residential Tenancies Act
Case Commented On:Wilderdijk-Streutker v Zhao, 2017 ABPC 24 (CanLII) Punitive damages are rarely awarded in residential tenancy disputes, but Wilderdijk-Streutker v Zhao is one of those rare cases. And although an award of punitive damages is very fact-dependent, there are some principles and rules … [Read more...]
Gimme Shelter: Housing Law in Canada
Like most areas of law, the legislation pertaining to real estate and the various forms of residency people experience has slowly evolved as society changes. Once, most people either owned a home or rented and the laws relating to each were relatively simple. Over time, however, the recognition of … [Read more...]
New Project Improves Access to Justice, Affordability of Lawyers in Alberta
Innovative project to produce first research on impact of limited scope legal services. http://albertalegalservices.com/ Rob Harvie QC and John-Paul Boyd, Executive Director of the Canadian Research Institute for Law and the Family, today announced the launch of the Alberta Limited … [Read more...]
Age Discrimination and the Alberta Human Rights Act
Recently, the Alberta government agreed to add protection for age discrimination in the Alberta Human Rights Act (AHRA) in two areas—tenancy and services, goods and accommodation customarily available to the public. This was the result of a Consent Order on January 13, 2017 in the case of Ruth Maria … [Read more...]
41-5: Canada at 150
Happy Birthday Canada! Here are some of the milestones in our law that have shaped our 150-year history. Volume 41-5 May/June 2017 Full PDF of this issue Table of Contents Featured Articles: Canada at 150 Special Report: Housing Issues Departments Columns Featured Articles: … [Read more...]
BenchPress – Vol 41-5
Get Going Minister! Morteza Momenzadeh Tameh was a member of a resistance group with links to terrorist groups in Iran in the 1980s. He was imprisoned by the Iranian government from 1982 to 1987. After his release he fled to Canada and requested permanent residency in 1994, after being found … [Read more...]
The Environment and Aboriginal Rights
In my inaugural column for LawNow (here) I suggested five reasons that environmental law can be challenging to understand. One of those reasons was that it requires some understanding of Aboriginal law, a complex subject in its own right. Even if I were up to the task, it would be impossible to … [Read more...]
