From time to time, concerns are expressed about the length of time human rights complaints take to resolve. There are some circumstances where resolution of these cases does seem to take too long. Unfortunately, those who criticize the existence of human rights commissions often take these … [Read more...]
Right to Counsel Includes Access to Counsel
Introduction The right to counsel upon arrest is a constitutionally protected right under section 10(b) of the Canadian Charter of Rights and Freedoms. On July 18, 2014, the Supreme Court of Canada clarified the importance of this right in the case of R v Taylor (Taylor). In this case, the police … [Read more...]
Tips and Gratuities – Some Taxing Issues
A Simple Gift, Right? In 2012, Statistics Canada estimated the total underground economy in Canada to be $42.4 billion. What comprises this significant amount? It has been a very popular and strong focus in recent years to attribute this activity to high net worth individuals, business owners and … [Read more...]
Call to Action: The Truth and Reconciliation Commission Report
For over a century, generations of Aboriginal children, mostly First Nations, were taken from their families, often by force, and placed in residential schools usually far from home, where they were to be assimilated into white society. For most of that time, the schools were run by churches: Roman … [Read more...]
Canadian Human Rights Tribunal Sets the Stage for First Nation Discrimination Cases
In late January, 2016, the Canadian Human Rights Tribunal (Tribunal) ruled that children living on First Nations reserves have been discriminated against because of underfunding of education and child welfare. (see: First Nations Child and Family Caring Society of Canada et al v Attorney General of … [Read more...]
The Best We Can Do? – Sybille Bedford’s Classic Account of a Famous British Murder Trial
During Canada’s most talked about court case of the year, the sexual assault trials of Jian Ghomeshi, defence counsel Marie Heinen in her final argument quoted the American jurist John Wigmore. He memorably stated that cross-examination in a trial is the greatest legal engine for the discovery of … [Read more...]
Making a Mockery of the Justice System
The new Netflix obsession, Making a Murderer, is a sensation. Blogs, news programs, articles, magazines, newspapers and water cooler conversations are all immersed in the quest to answer the eternal question: did he do it? The evidence seems to point in both directions. The Netflix documentary … [Read more...]
Shared Accommodation Problems: What Can A Tenant Do?
Here at CPLEA, we have been getting more questions lately about shared accommodation problems. There are two living arrangements that typically fall under the term shared accommodation: roommates living together in a rental property and a landlord and tenant(s) sharing living space (for example, a … [Read more...]
Reinstatement
Introduction Many Canadians will remember the case of Lynden Dorval, the Edmonton public school teacher, who was fired by his school board for dispensing marks of zero to students who did not do their assignments. Recently the case reached the Alberta Court of Appeal on the question of whether Mr. … [Read more...]
Dealing with Pets after Separation, Part 1: Understanding the Law on Personal Property
Family law is about how serious cohabiting relationships start and end, how children are cared for after separation, how the bills are paid after separation, and how the property and debts that accumulated during a relationship are split when it ends. Despite the folks who’d very much like to apply … [Read more...]
