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...]
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...]
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...]
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...]
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...]
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...]
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...]
