39-5: Tough Decisions Archives - LawNow Magazine

A Judge Balances Controversy with Compassion

No person is criminally responsible for an act committed or an omission made while suffering from a mental disorder that rendered the person incapable of appreciating the nature and quality of the act or omission or of knowing it was wrong. – Criminal Code of Canada, Section 16 This is known as the “Not Criminally […]


Teresa Mitchell
Teresa Mitchell
Teresa Mitchell is the former Editor and Legal Writer for LawNow at the Centre for Public Legal Education Alberta.

Essential Services and the Right to Strike

On January 30, 2015, the Supreme Court of Canada decided Saskatchewan Federation of Labour v Saskatchewan (“SFL”). In a 5-2 decision, the Court determined that the Public Service Essential Services Act (“PSESA”), in restricting certain public sector workers’ rights to strike, violated freedom of association rights under section 2(d) of the Canadian Charter of Rights […]


Matt Gordon
Matt Gordon is a student in the faculty of law at the University of Alberta and a member of Pro Bono Students Canada. (2014)

Medical Care and Children: Law, Ethics and Emotions Collide

While I imagine that being a judge is never easy, some situations and cases present more difficult decisions than others.  And I imagine that the most troubling rulings a judge must make are those which may be expected to lead directly to the death of another person.  While Canada does not have the death penalty […]


Charles Davison
Charles Davison is the Senior Criminal Defence Counsel with the Somba K’e office of the Legal Services Board in Yellowknife, N.W.T.

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