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...]
Viewpoint
LawNow and the Centre for Public Legal Education Alberta (CPLEA) is celebrating its 40th anniversary this year and we would like to thank you – our dedicated LawNow reader – for your ongoing support! LawNow began as an in-house produced newsletter about the law and legal developments in the Alberta … [Read more...]
Social Media and the Law
I. INTRODUCTION In today’s world, a number of social networking sites (“SNSs”) have arisen, whereby people from all over the world are beginning to communicate with each other in new ways on the Internet. SNSs are a cultural phenomenon which have revolutionized interpersonal communication and will … [Read more...]
Progressive Discipline
Introduction When faced with problematic workers, employers are expected to progress through a discipline procedure. In other words, firing the employee should be the last resort. Weak performance and undesirable behaviour can be improved by a series of escalating corrections that involve both … [Read more...]
Sports Teams and Scandals
For as long as organized sport has been around, athletes have appeared to occupy a social class of their own. Held in the highest regard by their fans and with the ability to flaunt their ‘jock’ status, athletes have often been accused of not only receiving special treatment, but of acting entitled … [Read more...]
The Holy Grail
The Ontario Court of Appeal this year in R. v Nguyen [2015] )NCA 278 has decided that the spousal incompetency rule, which forbids spouses to be compelled to testify against each other, and spousal privilege, does not extend to common-law couples [1]. A very clear line has been drawn between those … [Read more...]
R v Fearon : Can Police Search a Cellphone Upon Arrest?
Important Update: Please see the article by Juliana Ho about the Supreme Court of Canada ruling in R. v Fearon. The Supreme Court of Canada decided that the police search of Mr. Fearon's cellphone did breach his Charter s. 8 right to be free of unreasonable search and seizure but decided that … [Read more...]
Public Television Association of Quebec v. Minister of National Revenue: A case comment
This past July, the Federal Court of Appeal released its decision in Public Television Association of Quebec and Minister of National Revenue (P.T.A.Q.). The decision remains subject to potential appeal to the Supreme Court of Canada. The outcome reinforces the status of Canadian charity law as an … [Read more...]
