The reasonable person standard in tort law looks at whether a person's unintentional or careless actions mean they are liable for someone else's injuries. Tort law is an umbrella field of law, which aims to correct injustices that have happened between individuals. The courts assess whether the … [Read more...]
Symposium on Children’s Participation in Justice Processes Coming to Calgary
Canada and its provinces are signatories to the UN Convention on the Rights of the Child, an international treaty that requires governments to recognize children’s fundamental human rights. In particular, Article 12 of the Convention says that children must be given “the opportunity to be heard in … [Read more...]
The Significance of the Charter in Canadian Legal History
The Canadian Charter of Rights and Freedoms is a bill of rights - a statement of rights and freedoms that was added to the Constitution in 1982. Looking Back 2017 not only marks 150 years since the British North America Act, 1867 (better known today as the Constitution Act, 1867), came into being, … [Read more...]
Money for Nothing: International Longshore v. Ford
Introduction Recently, the Government of Alberta clawed back money it had paid to individuals on the basis of mistake. The government determined that these individuals had been ineligible to receive the money. This story attracted attention because the government was demanding the return of money … [Read more...]
Whatchu doing with our Rights, Virgin Radio?
How a Toronto-based radio station makes light of the presumption of innocence, every week. One of the cornerstones of our justice system is the presumption of innocence. It’s a constitutionally protected right that is supposed to guarantee an individual all the blessings and grandeur of ‘innocent … [Read more...]
New Project Improves Access to Justice, Affordability of Lawyers in Alberta
Innovative project to produce first research on impact of limited scope legal services. http://albertalegalservices.com/ Rob Harvie QC and John-Paul Boyd, Executive Director of the Canadian Research Institute for Law and the Family, today announced the launch of the Alberta Limited … [Read more...]
Age Discrimination and the Alberta Human Rights Act
Recently, the Alberta government agreed to add protection for age discrimination in the Alberta Human Rights Act (AHRA) in two areas—tenancy and services, goods and accommodation customarily available to the public. This was the result of a Consent Order on January 13, 2017 in the case of Ruth Maria … [Read more...]
The Environment and Aboriginal Rights
In my inaugural column for LawNow (here) I suggested five reasons that environmental law can be challenging to understand. One of those reasons was that it requires some understanding of Aboriginal law, a complex subject in its own right. Even if I were up to the task, it would be impossible to … [Read more...]
Minimum Notice Limitations are Enforceable
Introduction In Canada, employment is a legal contract. The collective agreement in unionized workplaces represents the ultimate comprehensive contract between employer and employer. It sets out the rights and obligations between the parties, including how employment-related disputes are to be … [Read more...]
Student Loans Under the Bankruptcy & Insolvency Act
The Bankruptcy & Insolvency Act of Canada (the Act or BIA) eliminates most unsecured debts like credit card debt, bank loans, lines of credit and payday loans. There are, however, certain debts that are excluded under the Act. Student debts are often confusing because some debts can be … [Read more...]
