20/20: Looking back over the last 20 years I was not short of choices when LawNow asked me to write about one of the most important family law cases in the last twenty years. After consulting with Sarah Dargatz, my fellow columnist on family law issues, I decided to talk about DBS v SRG, a … [Read more...]
The Unchanging Meaning of ‘Charity’
20/20: Looking back over the last 20 years It 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...]
BENCHPRESS | Subway Pictograms, Roads on Reserve and Employee Attitudes
Subway Pictogram: Warning sign or law? Kosoian v Société de transport de Montréal, 2019 SCC 59 On 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...]
Canada’s Youth Criminal Justice System
20/20: Looking back over the last 20 years In April 2003, the Youth Criminal Justice Act (YCJA) replaced the Young Offenders Act. The YCJA sets out the justice system that applies to young persons – aged 12 to 17 – charged with an offence in Canada. Children under 12 cannot be charged with a … [Read more...]
The Right to be Tried Without Undue Delay
20/20: Looking back over the last 20 years Since 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...]
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...]
