legislation Archives - LawNow Magazine

The Ins and Outs of Board Elections

One of the more murky areas of charity and not-for-profit law is the issue of the proper conduct of board elections. Many of the older pieces of legislation that deal with constituting and operating non-share capital corporations – the typical structure adopted by charities and not-for-profit groups – provide little guidance on the process for […]

Authors:

Peter Broder
Peter Broder is Policy Analyst and General Counsel at The Muttart Foundation in Edmonton, Alberta. The views expressed do not necessarily reflect those of the Foundation.
 

Judicial Review is Different from Judicial Activism

Since the enactment of the Canadian Charter of Rights and Freedoms in 1982, there has been much discussion about the proper role of judges and courts in our democratic system. Commentators have noted, and many critics have complained, that decisions made and laws passed by our democratically elected representatives in Parliament and our provincial and […]

Authors:

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.
 

The Indian Act: Can it be abolished?

Two simple observations are made so often about the Indian Act as to amount to clichés: That the 1876 Act is still with us, and that it should be “abolished.” The first of these is technically false; the 1876 Act was repealed in 1951, and replaced with the Act we have today, though it has […]

Authors:

John Edmond
John Edmond is a member of the bars of Ontario and British Columbia. He lives in Ottawa.
 

Wedding Law: By the Authority Vested in Me . . .

Add getting married to the list of activities in modern Canadian society which today is easy, chock full of options and as quick as you want it.  This article is a brief summary of wedding law in Canada. Federal Marriage Legislation While our Constitution Act, 1867, section 91(26) confers exclusive jurisdiction on “marriage and divorce” […]

Authors:

Peter Bowal
Peter Bowal
Peter Bowal is a Professor of Law at the Haskayne School of Business, University of Calgary in Calgary, Alberta.
 

Alexandra Brunet
Alexandra Brunet recently earned a B.Comm. from the Haskayne School of Business, University of Calgary (2015).
 

Viewpoint 39-2: When facing terror, there are limits to what law can achieve

If the attack on Parliament and on Canadian Armed Forces members constituted a failure by the state to exercise its fundamental ‘night watchman’ function, it was probably not a failure of law. It may not necessarily have been a failure of law enforcement. It was certainly a failure of omniscience. And that may mean it […]

Authors:

Craig Forcese
Craig Forcese is a law professor teaching national security law at the University of Ottawa and a participant in the Canadian Network for Research on Terrorism, Security and Society.
 

Kent Roach
Kent Roach teaches at the University of Toronto Faculty of Law and worked with both the Arar and Air India Commissions.
 


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