Separation is a difficult time for parents, even those who “consciously uncouple” like Gwyneth Paltrow and Chris Martin. The emotional trauma of separation becomes significantly more challenging, however, when the legal consequences of separation steer parents toward conflict in court rather than … [Read more...]
Whatever Happened to … Confidential Sources at the National Post
"[N]o journalist can give a secret source an absolute assurance of confidentiality." - Supreme Court of Canada, per Binnie J. Introduction People who speak to and inform Canadian journalists often ask to be protected by confidentiality. Journalists depend on these tips and will promise not to … [Read more...]
Progressive Discipline
Introduction When faced with problematic workers, employers are expected to progress through a discipline procedure. In other words, firing the employee should be the last resort. Weak performance and undesirable behaviour can be improved by a series of escalating corrections that involve both … [Read more...]
The Holy Grail
The Ontario Court of Appeal this year in R. v Nguyen [2015] )NCA 278 has decided that the spousal incompetency rule, which forbids spouses to be compelled to testify against each other, and spousal privilege, does not extend to common-law couples [1]. A very clear line has been drawn between those … [Read more...]
Public Television Association of Quebec v. Minister of National Revenue: A case comment
This past July, the Federal Court of Appeal released its decision in Public Television Association of Quebec and Minister of National Revenue (P.T.A.Q.). The decision remains subject to potential appeal to the Supreme Court of Canada. The outcome reinforces the status of Canadian charity law as an … [Read more...]
Do I Need A Lawyer To File For Bankruptcy?
If you are struggling with more debt than you can repay, you may be considering either bankruptcy or a consumer proposal to help you deal with those debts. If you are, then you need to speak with someone who is a licensed Bankruptcy Trustee; in Canada, that person is not a lawyer. A Bankruptcy … [Read more...]
Lessons from the Truth and Reconciliation Commission
Antoine was mid-40s, tall and lean with shoulder length black hair. I met him in jail to prepare his sentencing for stealing lotto tickets from a corner store and many breaches of his release condition not to drink. He had never served federal time but had spent more than half of his past 20 years … [Read more...]
Supreme Court of Canada Addresses Jury Composition and Aboriginal Equality
A few months ago, this human rights column was about the Ontario Court of Appeal’s decision in R v Kokopenace, 2013 ONCA. The major issues in Kokopenace were the scope of the right to representativeness on the jury roll (a list of persons who are eligible to serve on a jury) under sections 11(d), … [Read more...]
John Lennon: Working Class Hero and Legal Activist
For me, John Lennon, for all his excesses and flaws, was a great musical hero and one of a select group who have been able to marry blazing musical talent with meaningful politically and socially charged songs, combined with genuine activism and a commitment to civil liberties. He was also inspired … [Read more...]
Whatever Happened To…Antrim Truck Ltd. and Public Nuisances
Background Gail Cameron was brought up in the restaurant and accounting businesses. Her husband Jack had a strong trucking background. In June 1978, the couple had acquired Cedar Service Centre on 12 acres of land located on the former Highway 17 west of Ottawa from Gail's mother. They built a … [Read more...]
