The Canada Revenue Agency notes on its website that “We recognize that many First Nations people in Canada prefer not to describe themselves as Indians. However, we use the term Indian because it has a legal meaning in the Indian Act.” For the same reason, the author uses the term in this … [Read more...]
Indian Residential Schools: A Chronology
This chronology was compiled to convey, by historic milestones, how the Indian Residential School system came to be, how it embodied attitudes of its time, how critics were dismissed, and how, finally, the deep harm it did to many members of generations of Indian children was exposed in the course … [Read more...]
Copyright in the Classroom
Copyright, a category of intangible proprietary rights, has always been an important consideration in the delivery of Canadian primary and secondary education (“K – 12”). This is because K – 12 educators and students make up two prominent groups of copyright users - those who use the property of … [Read more...]
Common Misconceptions about Copyright
As an intellectual property lawyer, I am often consulted by creators of works protected by copyright. Here are five of the most common misconceptions I have encountered in my practice, and my comments on them: If a work is not marked with the © claim, it is not protected: Annotation of the … [Read more...]
Balancing Copyright and Privacy Rights
Many Internet users assume that they can surf the Internet and remain anonymous. Nothing could be further from the truth. Where serious harm is done by an anonymous Internet user the injured party is often able to compel third parties to disclose who the Internet user is. In Canada and other … [Read more...]
Persons with Disabilities and the Law – Resources for Research
Persons with disabilities come from all walks of life, age groups, cultures, and geographic areas of Canada. An estimated 3.8 million adult Canadians reported being limited in their daily activities due to a disability in 2012; this represents 13.7% of the adult population. [1] Persons with … [Read more...]
Tax Assistance for Persons with Disabilities
According to a 2012 Statistics Canada survey, an estimated 3.8 million adults in Canada are living with a disability. Of those in the survey aged 75 or greater, 42.5% suffered from one or more disabilities that limited their daily activities. Fortunately, Canada has several tools to assist us in … [Read more...]
A Progress Report of Disability Rights since the Charter
In 1982, the Charter of Rights and Freedoms formally enshrined equality rights into the Canadian constitution. Section 15 of the Charter reads: “every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in … [Read more...]
“Meaningful Access”: Students with learning disabilities strive to be included
Jeffrey Moore attended public school, at School District No. 44 (the “District”), from kindergarten to grade three, beginning in 1991. Jeffrey had access to an aide and attended a Learning Assistance Centre; his parents hired a private tutor. By January 1994, in grade 2, Jeffrey had serious … [Read more...]
Finders Keepers? A Historical Survey of Lost and Abandoned Property and the Law
Introduction You are walking along a busy downtown street when a small object on the ground catches the corner of your eye. Intrigued, you bend down to find a small pouch which upon further examination contains a gold bracelet. There is neither attached identification nor any sign of the owner. To … [Read more...]