Since the enactment of the Canadian Charter of Rights and Freedoms in 1982, there has been much discussion about the proper role of judges and courts in our democratic system. Commentators have noted, and many critics have complained, that decisions made and laws passed by our democratically elected … [Read more...]
The Nadon Reference: A Unique Challenge
The judgment of the Supreme Court of Canada in the “Nadon Reference,” more elegantly known as Reference re Supreme Court Act, ss. 5 and 6, [2014] 1 SCR 433 is one of the more controversial decisions of the Court in the fairly long list of defeats for the federal government in recent years. Can … [Read more...]
Top Courts in the U.S. and Canada: A Comparison
Knowledge of Canada or the United States is the best way to gain insight into the other North American country. Nations can be understood only in comparative perspective. And the more similar the units being compared, the more possible it should be to isolate the factors responsible for … [Read more...]
John Lennon: Working Class Hero and Legal Activist
For me, John Lennon, for all his excesses and flaws, was a great musical hero and one of a select group who have been able to marry blazing musical talent with meaningful politically and socially charged songs, combined with genuine activism and a commitment to civil liberties. He was also inspired … [Read more...]
Whatever Happened To…Antrim Truck Ltd. and Public Nuisances
Background Gail Cameron was brought up in the restaurant and accounting businesses. Her husband Jack had a strong trucking background. In June 1978, the couple had acquired Cedar Service Centre on 12 acres of land located on the former Highway 17 west of Ottawa from Gail's mother. They built a … [Read more...]
Financial Disclosure in Family Law Cases, Don’t Hide; It’s Best to Provide!
Navigating the family law system without a lawyer can feel overwhelming, but many successfully find their way. One of the biggest stumbling blocks for self-represented individuals is a resistance to provide sufficient financial information.In order to properly negotiate or litigate child … [Read more...]
Going it alone? Resources for Self-Represented Litigants
Increasingly, people are finding themselves in court without a lawyer to represent them. They are known as “self-represented litigants” (SRLs for short). The National Self-Represented Litigants Research Study conducted by Dr. Julie Macfarlane revealed that, generally, this is not because … [Read more...]
Politician Resignations and Personal Liability for By-Election Costs
“I look forward to working with and representing you.” - Premier Jim Prentice, January 1, 2015“My contribution to public life has come to an end.” -Premier Jim Prentice, May 5, 2015 within minutes of being elected as an MLA Introduction Several months ago, this employment column discussed … [Read more...]
Small Claims Court: A Venue Made for Self-Represented Litigants
Introduction A few years ago, while stopped on a major road in congested Calgary commuter traffic, our vehicle was struck from behind by another vehicle. We were hit with such force that our car was pushed into the car in front of us. The road and visibility were excellent and we all knew the … [Read more...]
What Self–Represented Litigants (Actually) Want
What should we do about self-represented litigants (SRLs)? Amid a backdrop of skyrocketing legal fees, decreased public funding, and a resultant wave of self-representation, this question seems to be on every reformer’s mind. Countless reports, working groups, and studies have asked this question, … [Read more...]
