Gonzo Language! The Federal Court of Appeal used some unusually strong language in a recent judgment about a claim for costs. The claim was made by the two lawyers who successfully challenged the appointment of Judge Marc Nadon to the Supreme Court of Canada. Together, the two lawyers asked for … [Read more...]
Indian Residential Schools – A Chronology
This chronology was compiled to convey, by historic milestones, how the Indian Residential School system came to be, how it embodied attitudes of its time, how critics were dismissed, and how finally the deep harm it did to many members of generations of Indian children was exposed in the course of … [Read more...]
Whatever Happened to … Scandalous Criminal Allegations: the Miazga Case
Introduction Miazga v. Kvello Estate is a tragic, yet fascinating, case which reminds us of the devastating power of criminal prosecution to ruin innocent lives and the near impossibility to hold Crown prosecutors legally accountable when that happens [(2009) 3 SCR 339, 2009 SCC 51 … [Read more...]
Court of Appeal says Police Can’t Climb Through Windows and Spy on You
The Ontario Court of Appeal recently held in its decision in R. v. White [2015] O.J. No. 3563 that police officers do not have unrestricted access to enter common areas in residential buildings to gather evidence against an individual. The police had suspected that Mr. White was dealing drugs … [Read more...]
Aboriginal Offenders
Much has been written about the alarmingly high numbers of aboriginal Canadians who spend time in our jails and penitentiaries. Hundreds of thousands of pages of texts, court decisions, reports and inquiries have been published about why so many indigenous Canadians end up in custody, and what … [Read more...]
The Peterloo Massacre and Shelley’s Great Poem The Mask of Anarchy
I note that The Guardian newspaper features an interview with Mike Leigh, director of a number of superb films like High Hopes, Vera Drake, and Mr Turner, indicating that his next project will be a dramatization of the infamous 1819 Manchester massacre, a traumatic event in British history. The … [Read more...]
Prisoners and Work
Several years ago, the Alberta government and other provincial governments considered the introduction of Alabama-style chain gangs as a form of employment for prisoners. This action reflected a North American trend towards making the prison experience harsher, with the view that this would … [Read more...]
The “no gifts to non-qualified donees” rule
The registered charities provisions of the Income Tax Act (ITA) feature a number of obscure terms. That makes registered charities vulnerable to inadvertent non-compliance. It means prudent organizations need to keep a keen eye on regulatory trends and emerging issues. Looming regulatory concerns … [Read more...]
Human Rights Protection Added for Transgender Identity
A trans-identified, transgender or transsexual person is someone who feels they were born in the wrong body (for example, someone born either with female anatomy who feels male, or with male anatomy who feels female, on a deep, psychological and emotional level) and therefore has a gender identity … [Read more...]
Litigating Death in Care Cases in Alberta
Legislation and Cases Commented On: Fatal Accidents Act, RSA 2000, c F-8, Argent v Gray, 2015 ABQB 292, FRN v Alberta, 2014 ABQB 375, SM v Alberta, 2014 ABQB 376 More than 775 children with some involvement with child protective services in Alberta have died since 1999. This past year alone, … [Read more...]
