“Property and law were born and die together” - Jeremy Bentham, English philosopher, The Theory of Legislation (1931) Introduction We all know the feeling when we lose something. Cell phone? Car keys? Most of us also know what it feels like to find something, such as a wallet. Losing a … [Read more...]
A Secular Christmas
This article deals with the law of Christmas, the celebration of this Christian event and the public displays of words or symbols that accompany it. No Clear Separation of Church and State in Canada Most Canadians incorrectly assume, perhaps from a steady consumption of American pop culture, that … [Read more...]
The Night Before Christmas, Legally Speaking
Whereas, on or about the night prior to Christmas, there did occur at a certain improved piece of real property (hereinafter "the House") a general lack of stirring by all creatures therein, including, but not limited to a mouse. A variety of foot apparel, e.g. stocking, socks, etc., had been … [Read more...]
Can We Help You With Christmas?
For many of us, this time of year is a time for personal reflection, and pondering what the next year will bring. The theme of “The Law and Christmas” brings to mind the debate around the appropriateness of Christmas in the public sphere within a multicultural society – a debate that we mostly hear … [Read more...]
The Proclamation of 1763: Britain’s Approach to Governing in the New World
The Royal Proclamation of 1763 resulted directly from the Seven Years’ War (1756-1763) between Britain and France. This conflict was in the nature of a world war with fighting principally in North America, the Caribbean, and India. With the Treaty of Paris of 1763 which ended the hostilities, … [Read more...]
The Royal Proclamation and its Approach to Competing Cultures
The October 7, 1763 Royal Proclamation, as its 250th anniversary approaches, is justifiably hailed as the genesis of first peoples’ singular, identified status within the Canadian constitutional structure. That core thesis, and the substantive provisions with respect to protection of first peoples’ … [Read more...]
Cyberbullying or Criminal Conduct?
Facebook, Instagram, Twitter, texting or similar means of communicating over the Internet have given new challenges to teachers, parents and most of all, youth. We tell youth to be cautious, to use their common sense, to not talk to strangers and to keep their personal information private. And yet … [Read more...]
Legal Responses to Cyberbullying: The ‘Unsupervised Public Playground’
Should a student be suspended or expelled for posting a video on the Internet that mercilessly humiliates another student? Should a school principal be able to search a student’s cellphone much like a school locker? What should happen to those students who intentionally post information about a … [Read more...]
Unmasking Bullies on the Internet
Introduction Most of us have heard of cyberbullying and the dreadful impact it has had on young people, even driving some of them to suicide. The incidence of bullying online is likely far greater than the average Canadian might expect. As a university professor, I (Bowal) receive menacing and … [Read more...]
Griffiths Energy Violates the Canadian Corruption of Foreign Public Officials Act
Calgary-based Griffiths Energy International Inc. (Griffiths) was created in August 2009 to obtain oil and gas production sharing contracts in the Republic of Chad. Within two years, the corporate leadership had changed, the corporate founder Griffiths was dead, and the company faced a major … [Read more...]