Subway Pictogram: Warning sign or law? Kosoian v Société de transport de Montréal, 2019 SCC 59On May 13, 2009, Ms. Kosoian rode a down escalator in one of Montreal’s subway stations. She didn’t hold the handrail. A police officer saw this and ordered her to hold the handrail or he would issue her … [Read more...]
VIEWPOINT | The Supreme Court of Canada Changes Its Mind
[on the Supreme Court of Canada being ‘the most progressive in the world’] I would say so, yeah, and I must say I’m very proud of that. - Richard Wagner, Chief Justice of the Supreme Court of Canada (June 2018)Introduction In an article for LawNow a few years ago, I was staggered to see how … [Read more...]
Opening the Legal Profession: The Andrews case
While legislatures must inevitably draw distinctions among the governed, such distinctions should not bring about or reinforce the disadvantage of certain groups and individuals by denying them the rights freely accorded to others. - Andrews v Law Society of British Columbia, [1989] 1 SCR … [Read more...]
Provinces Leaving Canada Part I: The Quebec Secession case
. . . a clear majority vote in Quebec on a clear question in favour of secession would confer democratic legitimacy on the secession initiative which all of the other participants in Confederation would have to recognize. - Reference Re Secession of Quebec, [1998] 2 SCR 217 at para … [Read more...]
Gold Dust Nations: The Ayn Rand effect
In 1977, Stevie Nicks of Fleetwood Mac sang “Gold Dust Woman, … take your sliver spoon , dig your grave.” A mere two years later, Margaret Thatcher was elected prime minister of Britain. She declared there is no such thing as society, and progressive politics based on democratic socialism must be … [Read more...]
Charter of the French Language: Quebec v Blaikie
A recent LawNow article outlined the constitutional history and framework of bilingualism in Canada. In this article, we focus on Quebec’s 1977 Charter of the French Language, popularly known as Bill 101.This legislation raised the question of whether a provincial government could broadly … [Read more...]
Reading Between the Lines: Implied terms in individual employment contracts
An overview of the unwritten and unspoken terms implied by law and by fact into employment contracts.In Canada, every non-unionized employee has a contractual relationship with their employer. What does that contract look like?Employment contracts may be written or oral, or both. When you sign … [Read more...]
Equality Issues and Assisted Death Legislation
In Carter v Canada (Attorney General), the Supreme Court of Canada (SCC) ruled that Criminal Code sections 241 and 14 deprived adults of their right to life, liberty and security of the person under s. 7 of the Charter. Sections 241 and 14 prohibited physician-assisted dying for competent adults who … [Read more...]
Registered Charity Policy Advocacy: Rules beyond the Income Tax Act
Although welcome and overdue, the new federal tax legislation and guidance on policy advocacy by registered charities doesn’t mean that compliance worries faced by sector organizations in this area are a thing of the past. For those unfamiliar with the changes, more information on them can be found … [Read more...]
Re-opening the Case of L’Etranger
Albert Camus’ early masterpiece The Stranger, published in 1942, is an enigmatic fable that has entranced generations of readers. One such reader, the Algerian journalist Kamel Daoud, has expressed his admiration for Camus’ writings. Despite his appreciation, he also poses serious questions about a … [Read more...]
