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...]
A Tale of Two Cities: Residential property assessments and appeals in Calgary and Vancouver
Commercial and residential property taxes are by far the largest source of revenue for Canadian municipalities – about one third of the budgets in large cities. Other revenue streams include provincial grants and licenses, permits and user fees.Residential accommodation is taxed on market-based … [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 freedAmidst 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...]
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...]
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...]
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...]
The Right to Housing as a Human Right
International human rights law acknowledges everyone’s right to an adequate standard of living, which includes the right to adequate housing.Many international legal instruments protect the right to adequate housing, including:the Universal Declaration of Human Rights (Article 25); the … [Read more...]
BENCHPRESS | Sentencing, Supervising and Schooling
Systemic Racism in Sentencing R v Kandhai, 2020 ONSC 3580Mr. 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...]
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...]
Alberta’s New Condominium Regulations: Insurance
On January 1, 2020, revised condominium governance regulations came into effect in Alberta. This article is part of a multi-part article series on Alberta’s new condominium regulations.The previous incarnation of the regulations primarily addressed the type of insurance condominium corporations … [Read more...]
