Introduction At the time we are writing this, the province of Alberta is in election campaign mode for all of its municipal leaders known as mayors, councilors and reeves. At the same time, the federal Minister of Finance is under the ethical spotlight for how he continues to hold his personal … [Read more...]
BenchPress – Vol 42-2
'Til Law Do You Part In a recent case, the Alberta Court of Queen’s Bench had to determine if a marriage was legally valid. In 1997, the couple in question travelled from Canada to Vietnam (where both were born) to get married in a traditional Vietnamese ceremony. However, no paperwork was filed … [Read more...]
Viewpoint 42-1: Scoring NAFTA: The United States Trounces Canada in Investor-State Disputes
“NAFTA is the worst trade deal maybe ever signed anywhere, but certainly ever signed in this country” (September 26, 2016) “Because NAFTA . . . is perhaps the greatest disaster trade deal in the history of the world. Not in this country. It stripped us of manufacturing jobs. We lost our jobs. … [Read more...]
BenchPress – Vol 42-1
Bribery Law in Canada is No Joking Matter The Ontario Court of Appeal (ONCA) has shown that the bribery laws in Canada are nothing to scoff at. The ONCA upheld the trial decision convicting Nazir Karigar for agreeing to bribe a foreign official contrary to the Corruption of Foreign Public … [Read more...]
Viewpoint 41-6: Chief Justice McLachlin: The Supreme Court’s steady hand
The Supreme Court of Canada homepage opens with, “Canadians are privileged to live in a peaceful country.” With Chief Justice Beverley McLachlin retiring in December, that homepage opener is too modest. It should read, “Canadians are privileged to live in a country with an outstanding chief … [Read more...]
BenchPress – Vol 41-6
Damages for Future Surrogacy Fees For the first time in Canada, a car crash victim has been awarded financial compensation for the future cost of surrogacy. The case, Wilhemson v. Dumma, centered on Mikaela Wilhemson who was the sole survivor of a “horrendous, high-speed, head-on” collision that … [Read more...]
BenchPress – Vol 41-5
Get Going Minister! Morteza Momenzadeh Tameh was a member of a resistance group with links to terrorist groups in Iran in the 1980s. He was imprisoned by the Iranian government from 1982 to 1987. After his release he fled to Canada and requested permanent residency in 1994, after being found … [Read more...]
BenchPress – Vol 41-4
Act Of Meanness / Lost by a Nose / Co-Mammas / The Internet and Hate Speech 1. Act of Meanness A Quebec Superior Court Justice recently heard an unusual estate application. A Montreal area woman was convinced that her deceased brother’s wife had been unfaithful to him. At a supper held after … [Read more...]
BenchPress – Vol 41-3
Intolerable Delay, 5 Years: Case 1 Barrett Jordan was charged with a criminal offence in 2008 and his trial ended with his conviction in 2013. He alleged that his Charter right to trial within a reasonable time had been breached and the Supreme Court of Canada agreed. It set out a new standard … [Read more...]
BenchPress – Vol 41-2
Judge Restrains Restraint Policy Newfoundland and Labrador Provincial Court Judge John Joy recently wrote a decision criticizing the police practice of automatically using leg shackles on prisoners. He stated that the practice of restraining prisoners without first determining if it is justified is … [Read more...]