20/20: Looking back over the last 20 yearsSince the turn of the century, there are many – too numerous to count – “important cases” in the field of criminal law. Some have dealt with procedure, some with the substantive law, and some with enhancing and protecting the basic rights of Canadians. … [Read more...]
Promoting the Practice of Law in Rural, Regional & Remote Communities
In 2012, 14% of lawyers in B.C. practiced outside of Vancouver, Victoria and Westminster.In 2014, 11% of lawyers in Alberta practiced outside of Calgary and Edmonton.In 2018, 22% of lawyers in Saskatchewan practiced outside of Saskatoon and Regina.Note: Most lawyers practicing outside of these … [Read more...]
Crime in Rural Alberta
Rural crime is a problem in Alberta. In the city, if you have a security alarm on your home, you can realistically expect it to be effective. In the country, who is going to hear the alarm? How long will it take for a police response?Before moving to an acreage, I (Dave) spent most of my life … [Read more...]
Access to Justice Given a Boost by Downtown Eastside Sex Workers Case
20/20: Looking back over the last 20 yearsIn Downtown Eastside Sex Workers United Against Violence Society v Canada (Attorney General), 2012 SCC 45 (DESW), the Supreme Court of Canada (SCC) adapted the rule on public interest standing. This resulted in the potential for better access to … [Read more...]
The Unchanging Meaning of ‘Charity’
20/20: Looking back over the last 20 yearsIt is often said that the only constant is change. But some things move faster than others.With 5G in the offing, few people now remember the days of dial-up internet and the non-profit groups that sprang up twenty or so years ago to offer access to … [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...]
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...]
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...]
