In the Gettysburg address, Abraham Lincoln defined democracy as government “of the people, by the people, for the people.” He was, of course, referring to the democratic model of the United States. However, the same words can be used to define Canadian parliamentary democracy: government of the … [Read more...]
Prorogation: A Powerful Tool Forged by History
In early December 2008, the situation for Stephen Harper’s second government appeared dire. Although he had won the election of October 14, Canadians gave his Conservatives only a minority government. Now, in the few short days since he had convened Parliament, he had so angered the opposition … [Read more...]
The Canadian Crown: The Role of the Governor General
In late 2008, Prime Minister Stephen Harper paid two notable visits to the Governor General of Canada at Rideau Hall and offered Her Excellency, Michaëlle Jean, advice which sparked controversy among intellectuals, pundits and editorialists. Canadians from across the country soon joined the … [Read more...]
Social Networking: Discretion Advised
The Internet has been one of the most transformative vehicles for change in recent history. For example, Web 2.0 phenomena, such as social networking, are indicative of a more profound social change as the first generation to grow up in an Internet world begins to change the rules of how we choose … [Read more...]
Equitable Doctrines and Maxims
The law of equity includes equitable doctrines and maxims that allow a court to grant equitable relief where there is no relief at common law. Canadian law is mainly comprised of statutes (legislation enacted by Parliament and the provincial legislatures) and common law (the body of law developed … [Read more...]
The Right to a Fair Bargain
Introduction In Canada, with the exception of the province of Quebec which operates under a civil law regime, the laws of the provinces and territories are derived from two sources: either some level of government by enactment, or by adoption through continuation of the old English law. The old … [Read more...]
Good Governance and Good Governors: A Model
Thousands of Albertans serve as governors of nonprofit organizations. About 19,000 nonprofit organizations provide a multitude of services throughout the province. Coming forward to serve as a director on a board of a nonprofit is a significant and challenging volunteer opportunity that can have a … [Read more...]
Values, Ethics, and Civil Society
Often, people perceive ethics to be one of two things: an incomprehensible component of philosophy inherited from the Greeks of antiquity OR a strict set of rules set out by one profession or another. I suggest that ethics is part of the collective “we” at a much deeper and more profound … [Read more...]
Dollars for Damages
Even though it happened ten years ago, the American case of a $3 million damage award for a coffee burn is still discussed today. From a Canadian perspective, the size of the award in Liebeck v. McDonald’s Restaurants was particularly puzzling because multi-million dollar damage awards for personal … [Read more...]
A Lease is a Contract
Most of us do not think of ourselves as negotiators and deal-makers. The reality is that in our everyday lives we are negotiating and making agreements all the time without really thinking about it. Some of the agreements are purely personal matters without any legal implications. Other agreements … [Read more...]