As the COVID-19 pandemic continues to affect the entire world, many governments have passed legislation requiring that face masks be worn in many public locations. This has resulted in claims that the mask requirements violate civil liberties. At the same time, there have been some incidents of … [Read more...]
Two Steps Forward, One Step Back?
One Ontario Court of Justice judge says accused cannot plead guilty by phone In R. v. Candelaria, 2020 ONCJ 194, Justice Downes ruled, amidst the adjustments the courts have had to make due to the COVID-19 pandemic, that an accused cannot plead guilty via telephone. This means, according to Justice … [Read more...]
Freedom of Movement during COVID-19
On March 11, 2020, the World Health Organization (WHO) declared COVID-19 – an infectious disease caused by a new coronavirus – a global pandemic. With no vaccines or treatments to control the disease, the WHO asked governments “to take urgent and aggressive action to stop the spread of the … [Read more...]
COVID-19 Tracing Apps: Are they secure enough to protect the right of privacy?
It is almost impossible to know somebody who does not have a smartphone they use for almost every purpose: to send e-mails, to search for a new apartment or to navigate using the map features. The technology seems limitless. If a new problem arrives, technology can present an answer or an effective … [Read more...]
Aftershocks: COVID-19 and the “new normal” for family lawyers
When the world feels like it is off its axis and everything is changing at an unprecedented pace, sometimes it helps to remember what has NOT changed as we grapple with what has. Things that have not changed: Families continue to require compassionate and thorough assistance to get their lives in … [Read more...]
Mechanisms for Relief from Contractual Obligations in the Realm of COVID-19
The novel coronavirus (“COVID-19”) has directly impacted society as a whole. But what really is COVID-19? It is a member of the coronavirus family of viruses. When virologists first studied this class of viruses, they used microscopy to view these viruses. The viruses appeared to have a faint halo, … [Read more...]
Working from Home: Income tax issues
UPDATE FROM THE AUTHORS In the November 30, 2020 Economic Statement, the Government announced the following relief for Canadians working from home during the pandemic: To simplify the process for both taxpayers and businesses, the CRA will allow employees working from home in 2020 due to COVID-19 … [Read more...]
The Use of the Peace, Order and Good Government Clause in Canada’s Constitution
Recent events in Canada have caused a resurgence of reliance on the Peace, Order and Good Government (POGG) clause in section 91 of The Constitution Act, 1867. When federal and provincial governments seek to pass legislation, they must have authority under section 91 (federal government) or 92 … [Read more...]
What COVID-19 Caselaw Tells Us about Parenting
This column is coming out during the COVID-19 pandemic. Health authorities across Canada, and the world, have issued protocols for limiting the spread of the virus. Many family courts are only hearing “urgent” matters. The court has heard cases during this time that speak to a specific set of … [Read more...]
The Emergencies Act
When I agreed to write about the Emergencies Act, I had no idea that I would end up doing so at a time when the federal government was actually considering resorting to this never-before-used legislation. But with the arrival and spread of COVID-19 in Canada, this Act is an option the government has … [Read more...]
