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...]
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...]
Bad Behaviour 5.0: Employees getting away with …
A 2006 Alberta case highlights the difficulties employers face when trying to deal with an employee who is frequently absent and battling an addiction. Whitford was not given sufficiently clear and detailed warnings about his misconduct, was mislead [sic] by approvals granting him leave, and was … [Read more...]
Canada Opens its Courts to Overseas Human Rights Abuses
On February 28, 2020, the Supreme Court of Canada refused to strike damages claims for international human rights abuses and Canadian torts by three former workers at a Canadian majority-owned mining company in Eritrea. In the five-to-four majority decision in Nevsun Resources Ltd v Araya, the court … [Read more...]
Overt Discrimination and Hate Crimes are Increasing During COVID-19
Generally, when talking about the situation in Canada, the emphasis is on the prevalence of systemic discrimination —policies or practices that are part of an organization, which perpetuate disadvantage. This is pervasive in Canada and difficult to address because it is reinforced by acceptance as … [Read more...]
COVID-19 Support: Getting the ‘best bang for the buck’
The COVID-19 pandemic has devastated charity and non-profit organizations’ revenue sources to an extent rarely, if ever, seen before. Though some high-profile groups saw governments and the public funnel generous support to them and there have been a few clever online initiatives to raise money, … [Read more...]
Medical Treatment: When can I give my own consent?
We are in the middle of a global health crisis – the COVID-19 pandemic. With health on everyone’s mind, now is a perfect time to talk about when you can give your consent to medical treatments, without your parents’ approval. To be clear, by youth we mean anyone under the age of majority in the … [Read more...]
