Glen Race murdered two Halifax men in 2007. He pled guilty to both charges and then made an application to be found not criminally responsible (NCR). Mr. Justice Kevin Coady of the Supreme Court of Nova Scotia reviewed the law and the legal requirements for a convicted person to be found not … [Read more...]
Bench Press 38-4: “Ski Buddy” Liability
Mark Kennedy of Colorado died on a heli-skiing expedition when he fell into a tree well. His widow claimed that he had been paired with a “ski-buddy” who was contractually obliged to stay close to him, keep him in sight and assist or alert guides and other skiers if he saw that his buddy needed … [Read more...]
Bench Press 38-4: Alberta Statutes in English Only
Gilles Caron, of Edmonton, was issued a traffic ticket in 2003. Mr. Caron, whose first language is French, fought the ticket, arguing that the ticket, Alberta statutes and his court hearing should all be available in French. A provincial court judge dismissed the ticket charge, finding that the … [Read more...]
Bench Press 38-3: Driving by Necessity
Two friends in Nova Scotia, Deegan and Pleau, shared a few beers while their wives went to bingo. On a cigarette break, Deegan fell down the stairs, gashing open his skull and sustaining a concussion. He was incoherent and having trouble breathing. Their wives had the keys to the apartment and … [Read more...]
Bench Press 38-3: First Case Under the Justice For Victims of Terrorism Act
Dr. Sherri Wise of Toronto was severely injured in a Hamas terrorist bomb attack in Israel in 1997. She has made a claim against Iran for compensation for her injuries under the Justice for Victims of Terrorism Act (JVTA) which was passed by the Canadian parliament in 2012. However, an American … [Read more...]
Bench Press 38-3: Would You Like Fries With That?
A solicitous mom packed 15 pieces of fried chicken into her son’s luggage when he returned to Canada from a visit home to El Salvador, so that he would have something to eat when he got home. Her unknowing son checked “no” on the Customs Declaration asking if he was bringing meat products into the … [Read more...]
Update: Ticket Offences at Work
In the Nov/Dec 2013 issue of LawNow, the column Ticket Offences at Work explained a new workplace ticket system. As of January 1, 2014, Occupational Health and Safety officers in Alberta can use this tool to obtain better compliance with OHS legislation. As an appendix to the column, the authors … [Read more...]
Bench Press 38-3: Supreme Court Finds PIPA Invalid
In a startling decision, the Supreme Court of Canada has found Alberta’s Personal Information Privacy Act to be unconstitutional and therefore invalid. The case involved persons who were photographed crossing a picket line. A nearby sign warned that the striking union might post the pictures on a … [Read more...]
Bench Press 38-2: On Second Thought…
An Ontario judge convicted a man of a firearm offence. However, at the sentencing hearing three months later, he announced that he had changed his mind. He stated: “To convict Mr. Griffith raises the risk of a grave injustice. The Crown has presented a strong case, but I can no longer say in good … [Read more...]
Bench Press 38-2: The Environment, Fair Play and Natural Justice
The Pembina Institute and the Fort McMurray Environmental Association asked for a judicial review of a decision by the Director of Northern Region Alberta Environment and Sustainable Resources Development. The Director had rejected a Statement of Concern filed by the two entities under the Alberta … [Read more...]
