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 … [Read more...]
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 … [Read more...]
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 The first of these is technically false; the 1876 Act was repealed in 1951, and replaced with the Act we have today, though it has been … [Read more...]
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 … [Read more...]
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. … [Read more...]
Whatever Happened to … David Chen and Citizen Arrests
Arrest consists of the actual seizure or touching of a person’s body with a view to his detention. The mere pronouncing of words of arrest is not an arrest, unless the person sought to be arrested submits to the process and goes with the arresting officer. – R. v. Latimer,  1 SCR 217 The … [Read more...]
Prostitution Law in Canada: Will the Charter Dialogue Continue?
Constitutional law experts, such as Peter Hogg, speak about the relationship between the Supreme Court of Canada (SCC) and Parliament as a “dialogue”. Parliament passes a law, which might later be challenged as being contrary to the Canadian Charter of Rights and Freedoms (“Charter”). Often, after … [Read more...]
Regulation of Employment Agencies
. . . the essential duty of the employment service shall be to ensure . . . the best possible organization of the employment market as an integral part of the national programme for the achievement and maintenance of full employment and the development and use of productive resources. - … [Read more...]
Canadian Regulation of Contests, Prizes and Games
Canadians like to participate in public, advertised contests and games. We compete for prizes. Most often we are unaware that the promoters of these events are governed by specific rules in relation to them. The law on contests, prizes and games is sometimes classified under marketing law. A … [Read more...]
New legislation eases moves into or out of Alberta for not-for-profits
In mid-May a measure was quietly passed in the Alberta Legislative Assembly that will allow existing not-for-profit corporations to transfer into or out of the province without having to go through re-incorporation or amalgamation and the accompanying onerous paperwork. Not-for-profit … [Read more...]