In 2021, pilot programs in Edmonton and Calgary allowed public drinking in certain parks. What did we learn and how has drinking culture changed? To help Albertans endure the pandemic, the Government of Alberta passed the Gaming, Liquor and Cannabis Amendment Act 2020, which allowed Albertans to … [Read more...]
Access to Justice During COVID-19 and the Jordan Case
How are delays in court processes due to COVID-19 considered when assessing the Jordan time limits for the right to be tried within a reasonable time? In March 2020, the World Health Organization (WHO) declared COVID-19 a pandemic. Since then, the pandemic has affected the functioning of many … [Read more...]
Canada Follows Other Countries and Bans Conversion Therapy
After two failed attempts, Canada passed legislation on December 8, 2021, banning conversion therapy and safeguarding the rights of LGBTQ2 individuals. After two failed attempts, Canada passed legislation, on December 8, 2021, banning conversion therapy. By doing so, Canada joins many countries … [Read more...]
Alberta’s Critical Infrastructure Defence Act: How is it working?
In force since June 17, 2020, the law is meant to protect essential infrastructure from trespassers, damage or interference of any kind. No one can read or watch the news right now without some mention of the blockade in Coutts, Alberta, or protests in Ottawa, apparently related to the “Freedom … [Read more...]
Inadmissibility and Deportation of Permanent Residents in Canada
Unlike Canadian citizens, non-citizens can be deported from Canada for various reasons, including criminal offences without an opportunity to appeal. Unlike Canadian citizens, non-citizens can be deported from Canada for various reasons. For example, for committing crimes, for breaching immigration … [Read more...]
Absolute and Conditional Discharges in Canada
Absolute and conditional discharges are types of sentences in Canada's criminal justice system. Want to learn more? What is a discharge? A discharge is a legal sentence in Canada set out in section 730(1) of Canada’s Criminal Code. Both absolute and conditional discharges are a finding of guilt … [Read more...]
Police Cannot Stop You in Your Driveway For Motor Vehicle Related Offences … Sort Of
How the Ontario Court of Appeal's recent decision affects driveway stops by police. A lot of accused individuals call lawyers, outraged, saying they were driving perfectly yet a cop pulled them over. But what many do not know until a lawyer breaks the news to them is this: the Ontario Highway … [Read more...]
Contact in Sports: Acceptable or criminal assault?
By voluntarily taking part in an activity, individuals implicitly consent to interactions with others that would otherwise be criminal assaults. A visitor to Earth would probably notice something odd about some of our favourite pastimes. Societies around the world consider some behaviour – of one … [Read more...]
Criminal Sentencing of Aboriginal Offenders: Ipeelee
In Ipeelee, the Supreme Court of Canada again considered the Gladue Principles. Over a decade has passed since this Court issued its judgment in Gladue. As the statistics indicate, s. 718.2(e) of the Criminal Code has not had a discernible impact on the overrepresentation of Aboriginal people in … [Read more...]
Evidence That Rape Myths Still Prevalent in Court in 2021
Despite a social-conscious awakening, one trial proves archaic rape myths still exist. A much-needed push against old-think myths and stereotypes of sexual assault victims led to a revamp of the Criminal Code. The changes updated when and how prior sexual activity of a complainant can be used in … [Read more...]