“Location is not the litmus test for determining the expectation of privacy.” R v Patrick, 2009 SCC 17, para 6 Introduction In Canada, our home is our castle, at least in legal terms. We enjoy the greatest constitutional protection of privacy in our homes. What happens when our private … [Read more...]
Too Over-qualified for the Job?
Introduction Employers usually promise job seekers that they are looking for the most qualified workers. It is in their interests to do so. But occasionally they do not wish to hire the most qualified applicants. What if a slow economy produces many clearly over-qualified applicants and the … [Read more...]
The Law of Safe Injection Drug Sites
Introduction Vancouver, British Columbia consistently ranks as one of the most livable cities in the world. However, its Downtown Eastside (DTES) community of approximately 18,000 crammed into a few square blocks of social housing units, derelict buildings and temporary shelters – all in the … [Read more...]
Registered Charities and the Charter
Over the past twenty-five years or so, commentators have lamented the sometimes inordinate influence of tax policy considerations in the administration and adjudication of the federal registered charities regime. There is no doubt fiscal implications ought to be taken into account in structuring … [Read more...]
Domestic Violence and Family Law Disputes
Domestic violence – or family violence or intimate partner violence, call it what you will – is a serious problem in both intact and separated families. According to a 2013 report from Statistics Canada, there are 252.9 victims of domestic violence per 100,000 population, and domestic violence makes … [Read more...]
Enemy of the State? Why You Should Treat the Defence and Crown as Equals
Many perceive defence counsel as snaky, tricky, tactical used car salesman-like villains in courtrooms all across our countries. It’s easy to blame us— we defend criminals, right? The Crown Attorney on the other hand, is often championed as justice fighters— putting the bad guys in jail where they … [Read more...]
Over-Representation of Indigenous (and other Racialized) Children in the Child Welfare System: Human Rights Aspects
For the past few decades, there has been growing publicity about the over-representation of Indigenous and other minority children in our child welfare systems across Canada. The 2015 findings of the Truth and Reconciliation Commission confirmed that the over-representation of Indigenous children in … [Read more...]
Lawyers in Revolutionary Times: Doctor Zhivago
A remarkable manuscript was bundled out of the Soviet Union in the late spring of 1956. An Italian Communist journalist named Sergio d’Angelo had visited Boris Pasternak to discuss possible publication of his latest work. Pasternak was the famed Russian poet and survivor of the various purges and … [Read more...]
Cannabis and Employment
Introduction While medical scientists are busy deciding the human health impacts of regular recreational cannabis use, and governments are still working out how cannabis will be cultivated, sold and taxed, and law enforcement officials consider how cannabis use will affect driving and how road … [Read more...]
‘A charity is a charity is a charity’ – The Common Law and Income Tax Act Charity Regulation
As I write this column, a major government report on a Canadian social innovation and social finance strategy is pending. Earlier this year, the federal Budget contemplated exploration of preferential tax treatment for certain types of journalism. In each of these fields, it has been suggested that … [Read more...]