January 26, 2017 marked the first-year anniversary of the Canadian Human Rights Tribunal’s (“The Tribunal”) landmark decision regarding the issue of funding for child welfare services provided to First Nations children on reserve and in the Yukon. The complaint was filed in 2008 by the First Nations … [Read more...]
1984 and None Turn Back: Two Timely Novels
George Orwell’s dystopian classic, 1984, published less than a year before the English novelist and journalist’s untimely death in 1950, has had extraordinary staying power. Indeed, twice in recent times it has raced up the bestsellers lists, to the Number 1 position at Amazon in 2013 after the … [Read more...]
Who’s The Boss? – Jurisdiction Over the Environment in Canada
In the last issue of LawNow I talked about some of the reasons environmental law can be challenging to understand. One of those reasons was that different levels of government in Canada have power to make rules about different things. In this article I want to discuss the basics of who has … [Read more...]
Keystone XL and NAFTA
No Party may directly or indirectly nationalize or expropriate an investment of an investor of another Party in its territory or take a measure tantamount to nationalization or expropriation of such an investment ("expropriation"), except: (a) for a public purpose; (b) on a non-discriminatory … [Read more...]
Aboriginal Child Protection and Dual Citizenship: Membership has its Benefits
In British Columbia, the Director representing the Ministry of Children and Family Development must notify the Aboriginal community (i.e. Indian Band) when there are child protection concerns such as removal of a child from their parents. Under the Child, Family and Community Services Act … [Read more...]
Cumulative Cause.2
Introduction The constitutional freedom of expression that Canadians enjoy does not extend to private workplaces. What are employee limits on speaking out against private employers? The last Employment Law column narrated the story of Ms. Kim, a media specialist in the position of Senior … [Read more...]
BenchPress – Vol 41-4
Act Of Meanness / Lost by a Nose / Co-Mammas / The Internet and Hate Speech 1. Act of Meanness A Quebec Superior Court Justice recently heard an unusual estate application. A Montreal area woman was convinced that her deceased brother’s wife had been unfaithful to him. At a supper held after … [Read more...]
41-4: Aboriginal Children
Canada's Aboriginal children have been and continue to be among our most vulnerable citizens. Volume 41-4 Mar/Apr 2017 Full PDF of this issue Table of Contents Featured Articles: Aboriginal Children Special Report: Innovations in Legal Services Departments Columns Featured … [Read more...]
Envisioning an Indigenous Jurisdictional Process: A nehiyaw (Cree) Law Approach
Acknowledging Indigenous Laws and Legal Orders Indigenous laws and legal orders are the first original laws of the land we now call “Canada” and have been in existence since time immemorial. However, the imposition of western colonial law(s), legal systems and policies upon Indigenous Peoples … [Read more...]
Improving Access to Justice: Technological Innovations
Last December, I received a Jury Summons in the mail. I completed the required form, took a picture of it with my cell phone, and then emailed the image back to the address provided. It took me about five minutes to do that. Almost immediately I got a return email confirming receipt of my form and … [Read more...]
