One of the more murky areas of charity and not-for-profit law is the issue of the proper conduct of board elections. Many of the older pieces of legislation that deal with constituting and operating non-share capital corporations – the typical structure adopted by charities and not-for-profit groups … [Read more...]
The Right of an Imprisoned Accused to Conduct Online Research
Case Commented On: R v Biever, 2015 ABQB 301 The link between access to information and access to justice is not often discussed, but it is implicit in our legal process. Document production, questioning, and Crown disclosure are all premised on the notion that one needs access to relevant … [Read more...]
Organizations Get Religion: Loyola High School v. Quebec
Introduction Do organizations and corporations have a constitutionally protected freedom of religion under the Canadian Charter of Rights and Freedoms? The Charter has existed for 34 years and we are still not clear whether non-human entities enjoy religious freedom as they do other freedoms, … [Read more...]
BenchPress – Vol 40-5
1. Miscarriage as a Workplace Disability The Ontario Human Rights Tribunal has issued a decision stating that a miscarriage can be a disability. Winnie Mou was dismissed from her position after failing to meet work targets. She had missed three weeks of work due to a deep tissue injury, and … [Read more...]
40-5: Access to Justice
This issue of LawNow looks at problems of access to justice in some unique situations and settings. Volume 40-5 May/June 2016 Full PDF of this issue Table of Contents Featured Articles: Access to Justice Special Report: The Law and Work Departments Columns Featured … [Read more...]
Dealing with Pets after Separation, Part 2: Going to Court
In the first half of this article, I wrote about the laws on personal property that might apply when a couple can’t agree on how they’ll manage their pets after they separate. In this half, I’ll talk about the sorts of orders you can and can’t ask the court to make about pets, assuming you and your … [Read more...]
Canadian Unions: From Repression and Resistance to the Right to Strike
The history of Canadian unions is a long and storied one. The Canadian labour movement of the past was a fusion of many disparate groups, often at odds with one another. For many years, the law was inhospitable to unions, with the balance tilted in favour of employers and government. Since the … [Read more...]
Job Candidates Deserve Fair Treatment of Their Applications
I have applied for many jobs in both the private and public sectors in Canada. Some were full-time, most were part-time. Several employers follow a long, drawn-out application process involving several phases: asking for numerous personal and work experience referees;written examinations; telephone … [Read more...]
Access to Justice: Potential Alternatives for Indigenous Peoples
About a year ago, there had been some publicity concerning Louie v. Louie BCCA, a court case where I acted as barrister and solicitor for an intervenor at the B.C. Court of Appeal. The case had involved a band member who sued his Chief and Council for a breach of fiduciary obligation. I was … [Read more...]
Access to Legal Services in Womens’ Shelters
In December 2015, the Canadian Research Institute for Law and the Family (CRILF) published a new report, Access to Legal Services in Women’s Shelters, authored by myself and Dr. Lorne Bertrand, examining access to legal services among clients of women’s domestic violence shelters. The study sampled … [Read more...]
