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44-6: The “Super Powers”

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Volume 44-6 July/Aug 2020

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During this global pandemic, governments in Canada have worked together to help keep us healthy and safe. This issue looks at “super powers” available to governments – that is, legislative authority governments can use in situations like the COVID-19 crisis. We also report on current legal issues around housing and homes.

 

Feature Articles: The “Super Powers”

The Emergencies Act
Charles Davison
The Emergencies Act clothes the federal government with exceptional powers in certain situations.

The Use of the Peace, Order and Good Government Clause in Canada’s Constitution
Linda McKay-Panos
Recent events have caused a new reliance on the Peace, Order and Good Government (POGG) clause in section 91 of The Constitution Act, 1867.

Charter Notwithstanding: Section 33
Peter Bowal, Carter Czaikowski and Josh Zablocki 
Section 33 of the Charter is intended to leave some law and policy-making power in the hands of elected officials.

The Rise of the Digital Robber Barons: Is government up to the task at hand?
Rob Normey
One of the grave dangers of this decade is that Western governments will fail to exercise their powers to protect citizens.

Special Report: Home Work

Working from Home: Income tax issues
Joseph Devaney and Hugh Neilson
There are several income tax implications – expenses, allowances and reimbursements – of a workspace in the home.

A Tale of Two Cities: Residential property assessments and appeals in Calgary and Vancouver
Peter Bowal and Michael Osachoff
Calgary and Vancouver provide useful examples of different approaches to the challenge of municipal property tax assessment.

The Right to Housing as a Human Right
Myrna El Fakhry Tuttle
In Canada, the right to housing is not included in either The Constitution Act, 1867 or the Canadian Charter of Rights and Freedoms.

44-5: Volunteers & the Law

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Volume 44-5  May/June 2020

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In the midst of this COVID-19 global pandemic, volunteers are stepping up more than ever to provide countless hours of manpower to various organizations. This issue of LawNow looks at the interaction of volunteers and the law. In this issue, our columnists also provide an update on how COVID-19 is impacting many aspects of our lives – from courts and renting to human rights and employment.

Feature Articles: Volunteers & the Law

Volunteer Lawyers & Pro Bono Organizations in Alberta
Thomas Kannanayakal and Jimmy Lam
Lawyers across Alberta spend countless hours each year volunteering with legal clinics and court programs to assist vulnerable individuals with their legal problems.

The Law of Unpaid Internships in Canada
Peter Bowal, Carter Czaikowski and Josh Zablocki
An internship can mean many different things, from a professional requirement or an apprenticeship to a regular, full-time, short-term job that is temporary in nature.

Can I Be Liable for the Actions of My Volunteer?: Vicarious liability and volunteers
Lauren Chalaturnyk and Jenna Chamberlain
Volunteer-driven organizations may hold the view that they are not liable for negligent or intentionally injurious actions of its volunteer, but this is not always the case.

Volunteering and Income Tax
Caitlin Butler
Volunteering raises tax issues, both for the volunteer as well as for the recipient, such as a non-profit organization or charity.

Special Report: Copyright

Know Your Rights: Copyright in Canada in the era of COVID-19 and beyond
Julia Ryckman
An artist’s understanding of copyright is an important part of understanding how to make money and protect the integrity of their creative works.

Fixing Canadian Crown Copyright
Amanda Wakaruk
Section 12 of the Copyright Act gives governments the right to control the reproduction and re-use of government works.

Copyright No Plaything: Celebrity Tattoos in Video Games
Tara Parker
It may be surprising to some that tattoo art, like other forms of art, is capable of attracting copyright.

44-4: Climate Change

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Volume 44-4  Mar/Apr 2020

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Climate change is one of today’s hottest topics. This issue looks at different aspects of the topic – from mitigation and adaptation, to legislation and legal challenges. We also report on how children’s stories teach about the law.

 

Feature Articles: Climate Change

Climate Change Mitigation and Adaptation
Brenda Heelan Powell and Rebecca Kauffman
Mitigation and adaptation efforts will be crucial in building capacity to cope with the impacts from climate change.

Canada’s Carbon Tax Laws: Where are we now?
Jessica Steingard
Appeal courts in Saskatchewan, Ontario and Alberta have provided opinions on whether Canada’s Greenhouse Gas Pollution Pricing Act is constitutional.

Searching for Hopeful Signs in a Dark Wood, Rapidly Shrinking: Laws to address the climate emergency
Rob Normey
Examples from the U.S., Brazil, the Netherlands, Denmark and New Zealand showcase different responses to climate change.

Do Natural Objects Have Legal Rights?
Myrna El Fakhry Tuttle
Countries have enacted laws and courts have granted legal rights to natural objects.

Kids facing effects of climate change are taking their governments to court
Margot Young
Frustrated by government failure to respond adequately to climate change, citizens are taking to the courts.

Special Report: Children’s Stories and the Law

Do Books Relieve Children’s Pain During Divorce?
Myrna El Fakhry Tuttle
Bibliotherapy – the use of literature to deal with personal problems – can assist children in understanding divorce.

Criminal Acts in Children’s Stories
Charles Davison
If we consider some of the most popular traditional children’s stories and fairy tales in the context of modern Canadian criminal law, serious concerns can arise.

Bear With Me: Law for little ones
Teresa Mitchell
One of the best ways to teach children about justice and laws is with stories.

Departments

BenchPress
Jessica Steingard

New at CPLEA
Lesley Conley

44-3: 20/20

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Volume 44-3  Jan/Feb 2020

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The beginning of a new year is a time to reflect on the past. In this issue, we’re looking back at important changes to the law over the last 20 years. We also report on the state of the law in rural communities.  

 

Feature Articles: 20/20 Looking Back

CONSUMER | Canada’s Law on Consumer Product Safety
Judy Feng
Introduced in 2010, the Canada Consumer Product Safety Act regulates consumer products that pose or might pose a danger to human health and safety.

CRIMINAL | The Right to be Tried Without Undue Delay
Charles Davison
The Jordan decision introduced deadlines on the right to be tried without undue delay and continues to impact the criminal justice system as a whole.

ENVIRONMENT | The Crown’s Duty to Consult
Jeff Surtees
The Haida Nation decision provided a framework for consultation where claims for Aboriginal rights and title had been made but not yet decided.

FAMILY | DBS v SRG: Retroactive child support claims
John-Paul Boyd
In DBS v SRG, the Supreme Court of Canada developed a single analysis for retroactive child support claims.

HUMAN RIGHTS | Access to Justice Given a Boost by Downtown Eastside Sex Workers Case
Linda McKay-Panos
The Supreme Court of Canada adapted the rule on public interest standing, resulting in potential for better access to justice.

NOT-FOR-PROFIT | The Unchanging Meaning of ‘Charity’
Peter Broder
A noticeable non-development has been the unchanging meaning of ‘charity’ despite significant advances in society.

YOUTH | Canada’s Youth Criminal Justice System
Jessica Steingard
In 2003, Canada revamped its youth justice system with the introduction of the Youth Criminal Justice Act.

Special Report: Rural Law

Promoting the Practice of Law in Rural, Regional & Remote Communities
Tonya Lambert
There is an access to justice crisis developing in rural, remote and regional communities across the country.

Crime in Rural Alberta
Dave Pettitt and Jessica Steingard
Rural crime is a problem in Alberta. How can we prevent and respond to it? And what does the law say about trespassers?

Departments

BenchPress
Jessica Steingard

New at CPLEA
Lesley Conley

Viewpoint
Peter Bowal
The Supreme Court of Canada Changes Its Mind

44-1: Back to School

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Volume 44-1  Sept/Oct 2019

September marks the beginning of another school year. This issue looks at current legal topics impacting Alberta parents, students, teachers, and beyond. This issue also reports on Canada as a bilingual country.

 

Feature Articles: Back to School

Gay-Straight Alliances (GSAs)
Linda McKay-Panos
Bill 8: The Education Amendment Act comes into force on September 1, 2019 and changes the law on GSAs.

In Loco Parentis
Peter Bowal and John Rollett
By way of the in loco parentis doctrine, teachers stand in essentially the same legal position as parents.

Distracted Driving and the Traffic Safety Act
Shaun Fluker
Distracted driving has become a major public safety issue with the proliferation of mobile technology and the in-dash features of modern vehicles.

Student Legal Assistance
Susan V.R. Billington and Michelle De Cambra
Celebrating 40 years of law students providing access to justice in Calgary and area.

Student Legal Services
Sarah McFadyen
Celebrating 50 years of law students providing access to justice in Edmonton and area.

Special Report: Canada as a Bilingual Country

The Constitutional Basis for Bilingualism in Canada
Peter Bowal and John Rollett
Canada’s Constitution establishes and protects bilingualism.

Why is Canada a Bilingual Country?
Myrna El Fakhry Tuttle
Canada has two official languages: French and English. We always wonder why.

Other Official Languages in Canada
Charles Davison
There are other official languages in two territories: Nunavut and the Northwest Territories.

Assurer l’éducation en français : les Franco-Albertains et leurs droits linguistiques
(Ensuring French Education: Franco-Albertans and their Linguistic Rights) 
Association des juristes d’expression française de l’Alberta (AJEFA)
L’Alberta compte également la population francophone ayant la croissance la plus rapide au Canada après le Québec.
(Alberta accounts for the fastest growing francophone population in Canada after Québec.)

Departments

BenchPress
Jessica Steingard

Note from the Publisher
Jeff Surtees

Viewpoint
Victoria Merritt
Something Old Becomes Something New: Alberta’s Employment Standards Code

Columns

Consumer Law
Judy Feng
Introduction to Contracts

Employment Law
Peter Bowal
How Earnings Must be Paid

Environmental Law
Jeff Surtees
Water Regulation in Alberta: 5 Things You Need to Know

43-6: Pulse on Health Law

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Volume 43-6  July/Aug 2019

 

 

 

Emerging technologies and societal concerns create new challenges for healthcare. This issue highlights some current health law topics.

Feature Articles: Health Law

AI in healthcare is coming, and we need to be ready
Blake Murdoch
Advancements of AI in healthcare give rise to various policy challenges that will need to be carefully addressed.

Legal Response in Canada to the Opioid Crisis
Ryley Schmidt
Parliament’s legal response to the opioid crisis is found in two key pieces of legislation.

Seniors – Health, Homes, and Help from the Taxman
Joseph Devaney and Caitlin Butler
Tax benefits may be available to help with potentially costly transitions to facilities or home renovations.

Medical Assistance in Dying and its Enforceability in a Personal Directive
Daniella Lyman
Legislation with respect to MAID is not perfect and complex issues remain outstanding.

A little nudge goes a long way in increasing organ donor registrations
Nicole Robitaille
Canadians support organ donation but less than a quarter have made plans to donate.

Special Report: Freedom of Speech

Evolution of our Freedom of Expression
Charles Davison
Our history of freedom of speech is rooted in that of England and the United Kingdom.

When Can the Right to Freedom of Expression be Curtailed?
Myrna El Fakhry Tuttle
The Charter’s guarantee of freedom of expression is not absolute.

In Canada and elsewhere, freedom of speech is on the endangered list
John Cooper
Balancing a journalist’s right to do their job against the demands of justice can be challenging.

The Key Provisions and Case Law Which Define Hate Speech
Ryley Schmidt
The Supreme Court of Canada continues to flesh out what ‘hatred’ means.

Compelled Expression
Peter Bowal
Does the constitutional right to expression include the right from expression?

Departments

BenchPress
Jessica Steingard

New Resources at CPLEA
Lesley Conley

43-4: Protecting Privacy

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Volume 43-4  Mar/April 2019

 

 

 

Canadians worry a lot about protecting their privacy.  This issue of LawNow examines some of these concerns.

Featured Articles: Protecting Privacy

Privacy and Medical Information in the Workplace
Myrna El Fakhry Tuttle
An employer’s right to know about an employee’s medical information and the employee’s right to privacy must be balanced.

Privacy in Judicial Decisions
Peter Bowal
The challenge with new social developments like privacy is to balance it against other competing social interests like transparency in the legal system.

Privacy Rights of Children
Khadija Zeeshan
Canadian children have privacy rights under the UN Convention as well as federal and provincial laws.

R. v Reeves: Shared Computer? Don’t Fret – Your Secrets are Safe
Devin Kapoor
In this case the Supreme Court of Canada addressed the issue of whether and to what extent the sharing of a computer impacts a reasonable expectation of privacy.

Special Report: Immigration Law

A Brief Overview of Canadian Immigration Law
Christopher Gallardo-Ganaban
Canadian immigration law can be complex and confusing. Here is some basic information to help with understanding it.

Refugee Protection and the Canada – U.S. Safe Third Country Agreement
Myrna El Fakhry Tuttle
Canada and the U.S. have operated under this Agreement since 2004. The problem is that some refugees no longer consider the U.S. a safe country.

Governments’ Use of Artificial Intelligence in the Immigration and Refugee System Needs Oversight
Petra Molnar
The use of artificial intelligence in immigration and refugee decisions may have profound implications for people’s fundamental human rights.

Citizens in the West Should Care about Discriminatory Immigration Policies
Antje Ellermann and Agustin Goenaga
President Trump’s so called “Muslin ban” evokes a disturbing history of discrimination in immigration policy that many thought was a thing of the past.

Departments

BenchPress
Teresa Mitchell

New Resources at CPLEA
Lesley Conley

Columns

Criminal Law
Melody Izadi
Convicted on Sexism: How Does Sexist Reasoning in Favour of the Complainant Work in Today’s #metoo Culture?

Employment Law
Peter Bowal and Malhar Shahani
What is “Self-Dealing” in Employment?

Environmental Law
Jeff Surtees
Important Concepts in Environmental Law: “Polluter Pays”

Family Law
John-Paul Boyd
Alternatives to Court: Arbitration

Famous Cases
Peter Bowal
Removing Names from Judicial Decisions: The Globe24h.com Case

Human Rights Law
Linda McKay-Panos
Human Rights and Extradition Law

Landlord and Tenant Law
Judy Feng
Believe It or Not Tenancy Questions

Law and Literature
Rob Normey
Legislation by Thunderbolt: The Remarkable Career of Dave Barrett

Not-for-Profit 
Peter Broder
Charities’ Political Activities Question Quieted, If Not Fully Resolved

43-3: Juries in Canada

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Volume 43-3  Jan/Feb 2019

 

 

 

The jury system is an important part of our criminal justice system. This issue looks at the reasons why.

Featured Articles: Juries in Canada

Juries as the Great Democratic Hope of the Criminal Trial
Rob Normey
Under the Charter of Rights and Freedoms, Canadians have constitutional guarantees to a jury trial in some circumstances.

Why do We have Jury Trials?
Charles Davison
Let’s look at why we have jury trials in Canada, who sits on them and how  we choose jurors.

Jury Trials: Costs, Controversies and Secret Powers
Charles Davison
There are pros and cons to jury trials, but they form an integral part of our criminal justice system.

Transparency Around Jurors and Verdicts Would Help Trial Fairness
Robin McKechney
The most unsatisfactory part of the Stanley trial is not the verdict itself, but that we will never know the reasons for it.

The Lack of Representation of Aboriginal People in Canadian Juries
Christopher Gallardo-Ganaban
Finding Aboriginal citizens to participate in jury trials is an ongoing problem in Canada.

Canadian Jurors Need Mental Health Support
Michael Cooper MP
Many jurors experience significant stress after participating in a grueling criminal trial, but there is little in the way of supports for them.

Special Report: Emergencies and the Law

The Evolution of the War Measures Act
Marjun Parcasio
Laws such as the War Measures Act and the Emergencies Act give governments extraordinary powers to respond to emergencies.

The Emergency Medical Aid Act and Emergency Situations
Donna Gee
We all want to do the right thing in an emergency, but laws may influence our actions.

Updated Rules Protect Albertans from Disaster
Government of Alberta

Liability of Volunteers in Natural Disaster Emergencies
Peter Bowal, Lila Swiatylo and Kristen Leinweber

Departments

BenchPress
Teresa Mitchell

New Resources at CPLEA
Lesley Conley

Columns

Criminal Law
Melodie Izadie
Post Jordan Mentality vs. Humanity: Who Wins?

Employment Law
Peter Bowal and Dustin Bodnar
A Year of Holidays

Environmental Law
Jeff Surtees
Important Concepts in Environmental Law: the Precautionary Principle

Family Law
Sarah Dargatz
Alternatives to Court: The Collaborative Process

Famous Cases
Peter Bowal and Joshua Twa
No Judicial Role in Religious Disputes: Jehovah’s Witnesses v Wall

Human Rights Law
Linda McKay-Panos
A Significant Human Rights Event for the Lubicon People

Not-for-Profit 
Peter Broder
Limits on Recourse for Donors Once a Gift is Made

Cover photo credit: Nick Youngson – Alpha Stock Images – http://alphastockimages.com/

43-1: #MeToo Movement

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Perspectives on the intersection of  law and the #MeToo Movement.

Featured Articles: #MeToo Movement

It’s a Movement, Not a Moment
Flora Vineberg
The #MeToo Movement: Where It Came From and Where It’s Going

Putting Trials on Trial: Sexual Assault and the Failure of the Legal Profession by Elaine Craig – Book Review
Megan Siu
Craig unapologetically puts the legal profession on trial using uncensored court transcripts.

The Morality of #MeToo
Alice Woolley
We owe duties to each other that go beyond the law.

The #MeToo Movement Hasn’t Led to a Better Understanding of Consent
Paulette Senior
Although the terms verbal, behavioural and ongoing are in line with Canada’s legal definition of consent, myths and confusion endure.

The Barbra Schlifer Legal Clinic and Ontario’s Independent Legal Advice Project
Deepa Mattoo
Legal advice must go hand-in-hand with accessible counselling and social services for survivors.

 

Special Report: Colours of the Law

Colours and Trade-Marks
Francisco Marquez-Stricker
Canadian trade-mark law has begun to afford protection to more obscure forms of marks, including colours, scents and sounds.

Black-Letter Law
Leela Wright
A black-letter approach to law restricts an otherwise infinite number of outcomes and possibilities.

The Colour of the Law
Peter Bowal and Devon Slavin
Describing legal concepts of colour and colourability, blackmail, legal blacklining, blue pencil severance and red circling.

 

Departments

BenchPress
Aaida Peerani

New Resources at CPLEA
Lesley Conley

Columns

Criminal Law
Melody Izadi
Enemy of the State? Why You Should Treat the Defence and Crown as Equals

Employment Law
Peter Bowal and John Jamieson
Too Over-Qualified for the Job?

Family Law
John-Paul Boyd
Domestic Violence and Family Law Disputes

Famous Cases
Peter Bowal and Brent Rein
The Law of Safe Injection Drug Sites

Human Rights Law
Linda McKay-Panos
Over-representation of Indigenous (and Other Racialized) Children in the Child Welfare System: Human Rights Aspects

Law and Literature
Rob Normey
Lawyers in Revolutionary Times: Doctor Zhivago

Not-for-Profit 
Peter Broder
Registered Charities and the Charter

Cover photo by Olivier Fahrni on Unsplash

42-6: Ticket to Ride

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Volume 42-6  July/Aug  2018

 

 

Canadian laws that impact your travel and transport.

Featured Articles: Ticket to Ride

Bicycle Law in Alberta
Jeff Surtees and Dave Pettitt
Cyclists should assume that almost everything that applies to drivers of cars applies to them.

Travel and Taxation
Hugh Neilson
Looking at taxes for fuel, license and registration, air travel, Uber and business travel.

Impaired Boating is Just Like Impaired Driving
Cheryl Gallagher
There is no difference between drunk driving and drunk boating under Canada’s Criminal Code.

Bringing Clarity to Passenger Compensation Rules
Ian Black
New federal airline laws will cover bumping, lengthy tarmac waits, flight delays and cancellations.

How Car Term Loans are Causing Bankruptcy
Doug Hoyes
Provincial laws may provide bankruptcy exemption limits for certain vehicles.

Special Report: Diversity in the Law and the Legal Profession

Law Society of Ontario Targets Systemic Racism in the Legal Profession
John Cooper
Four years’ research found that racialized lawyers face a variety of professional barriers to growth.

Accommodating Syrian Refugees’ Legal and Other Needs
Hasna Shireen
Syrian refugees in Alberta are protected from discrimination as are all Albertans.

Indigenous Public Legal Education – PLE from an interconnected world view
Patti LaBoucane-Benson and Alexandra Choby
The work of BearPaw Legal Education is grounded in building individual and family resilience.

Understanding Diversity in the Current Context of the Law and Legal Profession
Charles Davison
Looking at the deeper, more meaningful value of diversity in the law.

 

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