Welcome to the first instance of HAVE YOU HEARD? Here, we will share updates on the law - cases, legislation and processes - as well as highlight access to justice issues and our public legal information resources. Today, we are introducing CPLEA TV and passing on a recent Court of Queen's Bench … [Read more...]
Hit the Gas!
You passed the test. You practiced driving in your parents’ car. You were set to take the road test to get your license. And then COVID-19 hit. And your road test was cancelled. The good news: As of June 30th, you can now book a road test in Alberta! The bad news: Road tests are booking four to … [Read more...]
New at CPLEA (Vol 44-6)
In this issue of LawNow, we are highlighting new and updated resources for landlords and tenants. New Resources We have prepared the following sample agreements in a fillable PDF format: Living with Your Landlord If you are living with your landlord (as in sharing space with them), … [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 Rise of the Digital Robber Barons: Is government up to the task at hand?
Given Canada’s history, we can anticipate that any plans for the federal government to use its “super powers” could erode our civil liberties. We must vigilantly protect fundamental rights and look to the courts to affirm, and in some instances extend, the reach of our Charter protections should … [Read more...]
There is no Monopoly Man and COVID-19 is Not a Get out of Jail Free Card
Why the public needs to relax their fear of violent criminals being needlessly freed Amidst the COVID-19 pandemic, there has been public query and fear (and at times outrage) over whether or not the COVID-19 pandemic allows violent criminals to roam free on our streets. Salacious and tantalizing … [Read more...]
Charter Notwithstanding: Section 33
33 (1) Parliament or the legislature of a province may expressly declare in an Act of Parliament or of the legislature, as the case may be, that the Act or a provision thereof shall operate notwithstanding a provision included in section 2 or sections 7 to 15 of this Charter. Section 33 of the … [Read more...]
BENCHPRESS | Sentencing, Supervising and Schooling
Systemic Racism in Sentencing R v Kandhai, 2020 ONSC 3580 Mr. Kandhai was charged with and pled guilty to one count of possession of a prohibited firearm with accessible ammunition and one count of a breach of a firearms prohibition order. At the sentencing hearing, the defence asked for 3 years … [Read more...]
