When the world feels like it is off its axis and everything is changing at an unprecedented pace, sometimes it helps to remember what has NOT changed as we grapple with what has. Things that have not changed:Families continue to require compassionate and thorough assistance to get their lives in … [Read more...]
Mechanisms for Relief from Contractual Obligations in the Realm of COVID-19
The novel coronavirus (“COVID-19”) has directly impacted society as a whole. But what really is COVID-19? It is a member of the coronavirus family of viruses. When virologists first studied this class of viruses, they used microscopy to view these viruses. The viruses appeared to have a faint halo, … [Read more...]
The Use of the Peace, Order and Good Government Clause in Canada’s Constitution
Recent events in Canada have caused a resurgence of reliance on the Peace, Order and Good Government (POGG) clause in section 91 of The Constitution Act, 1867. When federal and provincial governments seek to pass legislation, they must have authority under section 91 (federal government) or 92 … [Read more...]
The Rise of the Digital Robber Barons: Is government up to the task at hand?
Given Canada’s history, we can anticipate that any plans for the federal government to use its “super powers” could erode our civil liberties. We must vigilantly protect fundamental rights and look to the courts to affirm, and in some instances extend, the reach of our Charter protections should … [Read more...]
Charter Notwithstanding: Section 33
33 (1) Parliament or the legislature of a province may expressly declare in an Act of Parliament or of the legislature, as the case may be, that the Act or a provision thereof shall operate notwithstanding a provision included in section 2 or sections 7 to 15 of this Charter. Section 33 of the … [Read more...]
The Emergencies Act
When I agreed to write about the Emergencies Act, I had no idea that I would end up doing so at a time when the federal government was actually considering resorting to this never-before-used legislation. But with the arrival and spread of COVID-19 in Canada, this Act is an option the government has … [Read more...]
Volunteer Lawyers & Pro Bono Organizations in Alberta
Lawyers across Alberta spend countless hours each year volunteering with legal clinics and court programs to assist vulnerable individuals with their legal problems. Without help, these individuals would otherwise represent themselves – called self-represented litigants or SRLs. Volunteer lawyers … [Read more...]
Can I Be Liable for the Actions of My Volunteer?: Vicarious liability and volunteers
In many volunteer-driven organizations, volunteer coordinators or boards may hold the view that the organization is not liable for negligent or intentionally injurious actions of its volunteers. This can sometimes be the benefit of using volunteers. They are not employees and, therefore, the same … [Read more...]
The Law of Unpaid Internships in Canada
For well over 100 years, students in industrial-era trade apprenticeships and professions have learned by ‘watching and doing’ under the supervision of the master craftsman. Historically, there was little or no pay or benefits associated with these tutelages. They were viewed as voluntary … [Read more...]
Volunteering and Income Tax
Whether we volunteer to coach our child’s soccer team, deliver groceries to those who cannot do it themselves or provide pro bono services in our professional capacity, many Canadians (12.7 million in 2013 according to Statistics Canada) gratuitously give their time to others. With over 1.96 billion … [Read more...]
