No person is criminally responsible for an act committed or an omission made while suffering from a mental disorder that rendered the person incapable of appreciating the nature and quality of the act or omission or of knowing it was wrong. - Criminal Code of Canada, Section 16 This is known as the … [Read more...]
Essential Services and the Right to Strike
On January 30, 2015, the Supreme Court of Canada decided Saskatchewan Federation of Labour v Saskatchewan (“SFL”). In a 5-2 decision, the Court determined that the Public Service Essential Services Act (“PSESA”), in restricting certain public sector workers’ rights to strike, violated freedom of … [Read more...]
Medical Care and Children: Law, Ethics and Emotions Collide
While I imagine that being a judge is never easy, some situations and cases present more difficult decisions than others. And I imagine that the most troubling rulings a judge must make are those which may be expected to lead directly to the death of another person. While Canada does not have the … [Read more...]
The Indian Act: Can it be abolished?
Two simple observations are made so often about the Indian Act as to amount to clichés: That the 1876 Act is still with us, and that it should be “abolished.” The first of these is technically false; the 1876 Act was repealed in 1951, and replaced with the Act we have today, though it has been … [Read more...]
A Circumpolar Inuit Declaration on Sovereignty in the Arctic
We, the Inuit of Inuit Nunaat, declare as follows: 1. Inuit and the Arctic 1.1 Inuit live in the Arctic. Inuit live in the vast, circumpolar region of land, sea and ice known as the Arctic. We depend on the marine and terrestrial plants and animals supported by the coastal zones of the Arctic … [Read more...]
An Introduction to Inuit Rights and Arctic Sovereignty
The rapidly changing climate in the Arctic is opening up the possibility of exploiting the natural resources contained in the Arctic Ocean seabed. Arctic and non-Arctic States are angling to gain control over these resources that were previously locked below the sea ice. What cannot be forgotten … [Read more...]
Inuit Rights to the Arctic
As I continue my work on the issue of Inuit rights to the Arctic, my guiding principles are that Inuit must be equal partners in decision-making in the Arctic, resource development must promote the health of Inuit communities, and the environment must be protected. I am currently looking at what … [Read more...]
Bench Press 39-4: Consent is a Matter of Life and Death
The British Columbia Court of Appeal recently ruled on a case involving an Alzheimer’s patient and her ability to give consent. It looked at a number of questions that will be raised as Canadians come to grips with the recent Carter decision of the Supreme Court of Canada (Carter v. Canada (Attorney … [Read more...]
Bench Press 39-4: The Charter Protects Proms
Two graduating high school students in Ontario launched a Charter challenge to their school principal’s decision to have a mandatory breathalyser test at their prom. They argued that the mandatory test was a violation of their s. 8 Charter right to be free of unreasonable search and seizure. Justice … [Read more...]
Bench Press 39-4: Spoiled Sperm
The British Columbia Court of Appeal recently upheld a trial judge’s decision that human sperm is property. The case involved a B.C. man who was a representative for a class action of 400 plaintiffs who had stored their sperm with a laboratory at the University of British Columbia prior to … [Read more...]
