The only way legal disputes ever seem to get resolved on TV or in the movies is in court. That’s understandable, because the other ways we resolve legal disputes are, well, boring. I don’t think we are ever going to see a prime-time legal drama about people going to mediation. However, the … [Read more...]
The Critical Role of Public Legal Education in Societies Governed by the Rule of Law
At some point in high school, we learn that we live in a nomocracy, which is a fancy ten-cent word for a society governed by the rule of law. The whole “governed by the rule of law” thing is an especially important quality of democracies like ours. It includes the following rights: All of … [Read more...]
Good Behaviour and Tenure of Supreme Court Justices in Canada and the United States
The death of Justice Ruth Bader Ginsburg, in September 2020 at the age of 87, and the appointment of Justice Amy Coney Barrett to the Supreme Court of the United States, where she can serve for decades, prompted me to write this article. The Supreme Courts of Canada and the U.S. are the courts … [Read more...]
Changes to Alberta Employment Law. Again.
On November 1, 2020, several changes to Alberta’s Employment Standards Code came into effect. Changes include payment of earnings after termination, deductions, averaging arrangements for calculating overtime, rest periods and calculating general holiday pay. These changes are detailed in Bill 32: … [Read more...]
When the Doorbell Rings: Direct sales contracts
Your doorbell rings at home. You take a peek out your window. Then the realization hits you: it’s someone going door to door trying to sell you something again. If you’re anything like my cat (or me), you promptly hide in another room until the seller is gone –unless they are selling cookies, of … [Read more...]
Public Legal Education: Unexamined theory constrains practice
Nothing is so practical as good theory. ~ Kurt Lewin When Public Legal Education (PLE) began to take shape in Canada, it was an innovative, disruptive form of legal service. We were definitely thinking ‘outside the box’. So far out, in fact, that the mere thought of educating the public about … [Read more...]
Model Crowdfunding Statute Released
The Uniform Law Conference of Canada (ULCC) is a body that develops model legislation that provinces can adopt to create a consistent and harmonious legal framework across jurisdictions. It has now provided a roadmap on the issue of crowdfunding, and more specifically internet fundraising. This is … [Read more...]
A2J and Public Legal Education in 2020 in Alberta
What is justice? It is widely stated that we have an access to justice (A2J) crisis in Canada. You will get a variety of answers, though, if you ask people what they think this means and what we can do about it. As Lois Gander points out in her article in this issue of LawNow, one reason is that … [Read more...]
The Inuit Status Case
It appears to me to be a consideration of great weight in determining the meaning of the word “Indians” in the British North America Act that the Eskimo were recognized as an Indian tribe by the officials of the Hudson’s Bay Company which, in 1867, exercised powers of government and administration … [Read more...]
Retaining a Lawyer
You have asked your friends, looked at websites and finally settled on a lawyer who seems to be a good fit for your case. But before you become a client of that lawyer, you must first retain them. Unfortunately, retaining a lawyer is not always straightforward. The process involves checking whether … [Read more...]
