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...]
Omar Khadr.2
This conduct establishes Canadian participation in state conduct that violates the principles of fundamental justice. Interrogation of a youth, to elicit statements about the most serious criminal charges while detained in these conditions and without access to counsel, and while knowing that the … [Read more...]
Ameliorative Programs Gaining Recognition in Human Rights Legislation
The Canadian Charter of Rights and Freedoms (Charter) provides protection from discrimination in s 15(1). Section 15(2) allows governments to establish programs to ameliorate historical disadvantage of particular minority groups. These programs are sometimes referred to as “affirmative action … [Read more...]
Enforcement of Family Law Orders When Parents Live in Different Places: Part 2
Generally, Alberta court orders are only enforceable in Alberta. And, generally, Alberta judges can only grant family law orders about people who reside in Alberta. However, families are mobile and many relocate from province to province or even from country to country. Therefore, Alberta has … [Read more...]
Sisyphus Ascending: The Remarkable Career of Raja Shehadeh
I have just read a wonderful narrative by the Palestinian human rights lawyer, activist, and now writer of the first rank, Raja Shehadeh. The author lives in Ramallah, in the West Bank, which has been under occupation by Israeli forces for 51 years and counting. The book, A Rift in Time: Travels … [Read more...]
Notorious Toronto Judge Makes his Disdain for Disgraced Officer Known: How the Outspoken Justice Clark Drives Home an Important Message
Disgraced (and now nearly fired) Ontario Police officer, Craig Ruthowsky, has been recently found guilty by a Toronto jury of bribery (for accepting protection money from drug dealers), attempting to obstruct justice, breach of trust, and drug trafficking. Ruthowsky also has similar charges pending … [Read more...]
Sexual and Other Harassment and Fiduciary Duty
Fiduciary duty is a common law concept. Essentially it requires directors of corporations, and like officials of certain other types of entities, to act in the best interest of their organization. It also obliges them to act with care and loyalty. The notion of fiduciary duty, or aspects of it … [Read more...]
