Regulation of registered charities' "political activities" has long been a bugbear of both the sector and governments. My last column dealt with an Ontario Superior Court decision that ruled parts of the current Income Tax Act (ITA) provisions governing charities' political activities … [Read more...]
Effects of the Notwithstanding Clause on Human Rights
Recently, there has been much discussion of the use of the notwithstanding clause, which is section 33(1) of the Canadian Charter of Rights and Freedoms (Charter). Section 33(1) reads: Parliament or the legislature of a province may expressly declare in an Act of Parliament or of the legislature, … [Read more...]
Resolving Family Law Disputes: Alternatives to Court
When adults leave a serious relationship, they have a lot of decisions to make. Sometimes these are small decisions, about who can keep the dishes or the books, but more often they are big decisions. Things like where the children should mostly live, how their time will be divided, who should pay … [Read more...]
One’s Trash May be Police Treasure: R v Patrick
“Location is not the litmus test for determining the expectation of privacy.” R v Patrick, 2009 SCC 17, para 6 Introduction In Canada, our home is our castle, at least in legal terms. We enjoy the greatest constitutional protection of privacy in our homes. What happens when our private … [Read more...]
Housing Affordability in Canada: The Vancouver and Toronto Experience
Introduction These days, you’re bound to come across the issue of housing affordability in Canada, especially in Vancouver or Toronto. You have probably also heard about how housing affordability is especially difficult for Canadian millennials. Millennials, which are younger adults between the … [Read more...]
Alberta’s Recreational Cannabis Landscape: An overview of restrictions in housing and public spaces
Introduction On October 17, 2018, recreational use of cannabis became legal in Canada. Canadians are now able to purchase recreational cannabis, publicly possess up to 30 grams of dried cannabis and grow up to 4 plants for personal use. Does this mean that Canadians can obtain and use cannabis … [Read more...]
Too Over-qualified for the Job?
Introduction Employers usually promise job seekers that they are looking for the most qualified workers. It is in their interests to do so. But occasionally they do not wish to hire the most qualified applicants. What if a slow economy produces many clearly over-qualified applicants and the … [Read more...]
The Law of Safe Injection Drug Sites
Introduction Vancouver, British Columbia consistently ranks as one of the most livable cities in the world. However, its Downtown Eastside (DTES) community of approximately 18,000 crammed into a few square blocks of social housing units, derelict buildings and temporary shelters – all in the … [Read more...]
Registered Charities and the Charter
Over the past twenty-five years or so, commentators have lamented the sometimes inordinate influence of tax policy considerations in the administration and adjudication of the federal registered charities regime. There is no doubt fiscal implications ought to be taken into account in structuring … [Read more...]
Domestic Violence and Family Law Disputes
Domestic violence – or family violence or intimate partner violence, call it what you will – is a serious problem in both intact and separated families. According to a 2013 report from Statistics Canada, there are 252.9 victims of domestic violence per 100,000 population, and domestic violence makes … [Read more...]
