When does a sniff amount to an illegal search? The Supreme Court of Canada recently weighed in on this question and the decision changes the law in Canada from what it had previously been. What was the law prior to the recent decision?Assume you are walking along the street or are on public … [Read more...]
Some Nuances to Keep in Mind When Measuring Giving
We are all familiar with those who find themselves subject to public or media criticism responding with the old saw that what they did, or what they said, was “taken out of context.” Sometimes there is merit to that complaint, sometimes not. Usually, we associate being taken out of context with an … [Read more...]
Criminal Defence Law in the North: Part One
It seems that almost every lawyer who has travelled from southern Canada to practice law “North of 60” ends up writing about his or her experiences at some point. Almost all of those who are drawn to this part of Canada are struck by the geographical and physical beauty of this land, and by the … [Read more...]
I’ve Been Good. Can My Landlord Make Me Move?
Can a landlord end a tenancy when the tenant has not done anything wrong? It depends. We're going to look at some different factors that come into answering this question. Just so we're all on the same page, today we're talking about periodic tenancies, which are the kinds of tenancies that continue … [Read more...]
Human Rights and Québec’s Charter of Values
On Thursday, November 7, 2013, the Québec government tabled its Charter of Values, Bill 60. The Bill provides that public body personnel must maintain religious neutrality in the exercise of their functions. It also restricts personnel from wearing objects “such as headgear, clothing, jewelry or … [Read more...]
Public Legal Education on the Small Screen
Canadians watch a lot of online videos. In fact, we’re second only to the U.K. in online videos views with the average Canadian taking in an impressive 291 videos a month. According to StatsCan nearly 80 per cent of Canadians aged 18-64 watch videos online.Education – including public legal … [Read more...]
What should you do if you get an eviction notice?
There are a lot of different notices that a landlord can serve on a tenant. The notices that we receive the most questions about are the eviction notices. We’re going to talk about eviction notices that are given where there is fault being alleged by the landlord. In other words, the landlord is … [Read more...]
Judging Guidance
It is trite law that guidance about registered charities issued by the Canada Revenue Agency (CRA), through its Charities Directorate, does not have the force of legislation or regulations. Courts can reject or ignore it when determining the permissibility or impermissibility of an organization’s … [Read more...]
Human Rights Implications of New Provincial Impaired Driving Laws
Like many other Canadians, I am not terribly sympathetic towards people who drive while impaired, through alcohol, drugs (prescribed or illegal), while texting, or experiencing extreme fatigue. We have a set of laws under the federal Criminal Code of Canada, RSC 1985 c C-46, that address impaired … [Read more...]
Occupational Health and Safety 3: Ticket Offences at Work
Introduction Most Canadians are familiar with “tickets” for minor offences. If we have personal experience at all with the legal system, it is most likely through receiving the occasional ticket for parking, seat belts, rolling through a stop sign, speeding or some other traffic offence. There … [Read more...]
