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 The first of these is technically false; the 1876 Act was repealed in 1951, and replaced with the Act we have today, though it has been … [Read more...]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...]
Bench Press 39-4: A Will Against Public Policy
Law students are taught in Wills and Estates law that a Will can be set aside as being against public policy, but rarely does this possibility become a reality. However, in January, 2015 a Superior Court Justice in Ontario set aside the Will of Emanual Spence for exactly that reason. Rector Spence, … [Read more...]
Call for Contributors! Write for LawNow!
We are looking for contributors to Volume 40 of LawNow. We welcome the 40th volume of LawNow with some amazement. Our journey from a small in-house newsletter to the sophisticated and engaging online journal that LawNow is today has been both challenging and immensely rewarding. And, it has only … [Read more...]
39-2 | Nov-Dec 2014
Table of Contents Featured Articles: Vulnerable Families When families face troubled times, the law can guide and help. The Calculation of Child Support: A Basic GuidelineMark G. JonesThe Federal Child Support Guidelines remove some of the uncertainty in calculating child support. Legal … [Read more...]
