The river of refugees from Syria reminds us that human history is full of examples of how states have abused their unlimited sovereign power against their citizens. They may have denied them basic rights to express themselves or to vote for their political leaders. People may have been tried and … [Read more...]
How Magna Carta Came to Canada
Let us begin with a confession. When presented with the opportunity four years ago to become involved in bringing Magna Carta to Canada for its 800th anniversary commemoration, we were not very well-versed in what exactly Magna Carta was. For starters, we were still calling it “the Magna Carta” … [Read more...]
Magna Carta: A Guide for Educators
In a world that increasingly asks our students to tweet, post, snapchat, google, and otherwise digitize their educational experiences, Magna Carta Canada has done the extraordinary by bringing to Canada a document that provides a direct link to eight centuries of legal history, including humanity’s … [Read more...]
Estate Administration Act : Significant Changes in the Law
Introduction The Estate Administration Act was proclaimed in force June 1st, 2015. It replaces the Administration of Estates Act. As such, the new Act applies to the administration of all estates, applications and grants. For many seniors, whose Wills stipulate that they will act as their spouse’s … [Read more...]
Vol 39-6: The Top Court
Canada's top court is a cornerstone of our Parliamentary democracy and the Rule of Law. It has shaped our nation since 1875. Full PDF of this issue Volume 39-6 - July/August 2015Table of ContentsFeatured Articles: The Top CourtSpecial Report: Self … [Read more...]
Vol 40-1: The Law and Technology
In legal situations, technology can deliver the best of times or the worst of times: it all depends on how it is used. Full PDF of this issue Volume 40-1 – September/October 2015Table of ContentsFeatured Articles: The Law and TechnologySpecial Report: Sports … [Read more...]
Technology Transforms Criminal Law
As with society in general, the practice of criminal law has changed significantly over recent decades as a result of the amazing growth and development of technologies which, until now, were only ideas and imaginings of science-fiction writers. The lawyer of 20 or 30 years ago would likely be … [Read more...]
Interesting Result in Human Rights Supreme Court of Canada Case
A recent Supreme Court of Canada case, Quebec (Commission des droits de la personne et des droits de la jeunesse) v Bombardier Inc (Bombardier Aerospace Training Centre), 2015 SCC 39, provides guidance on the complainant’s burden of proving discrimination. The case law on discrimination provides … [Read more...]
When Children Refuse to Visit: Alienation and Estrangement in Family Law Disputes
Separation is a difficult time for parents, even those who “consciously uncouple” like Gwyneth Paltrow and Chris Martin. The emotional trauma of separation becomes significantly more challenging, however, when the legal consequences of separation steer parents toward conflict in court rather than … [Read more...]
Whatever Happened to … Confidential Sources at the National Post
"[N]o journalist can give a secret source an absolute assurance of confidentiality." - Supreme Court of Canada, per Binnie J. Introduction People who speak to and inform Canadian journalists often ask to be protected by confidentiality. Journalists depend on these tips and will promise not to … [Read more...]
