Canada Law

Bill 52 Won't Protect Past Whistleblowers Like Me

Philip Demers | Posted 10.01.2015 | Canada Politics
Philip Demers

Marineland has launched lawsuits targeting myself, former orca trainer Christine Santos and animal care supervisor Jim Hammond. My latest round of legal bills totaled more than I will earn in this year -- $100,000. Our lawsuits are shining examples of the urgent need for the anti-SLAPP legislation that is Bill 52: Protection of Public Participation Act. It is unbearable to think that this historic piece of legislation -- as it is currently written -- will not apply to the very people who have largely inspired it. Why is the province turning its back on us and leaving us behind? Where is the procedural fairness for those of us who are already proceeding with unfair cases before the courts in Ontario?

This Pivotal Lawsuit Will Decide the Future of Yukon's Peel Watershed

Dianne Saxe | Posted 08.25.2015 | Canada Business
Dianne Saxe

Last week, the Yukon Court of Appeal heard arguments about the future of the massive Peel River watershed, and about the meaning and application of modern aboriginal treaties. Will this land be mostly protected from development, as the planning commission decided after extensive aboriginal consultation? Or will it mostly be used for resource extraction, as the Yukon government wants? So soon after the report of the Truth and Reconciliation Commission, will First Nations interests again be sacrificed for the economic gain of others?

Who Is At Fault for This Car Accident?

Simmy Yu | Posted 08.20.2015 | Canada Living
Simmy Yu

I'm sure that most of you have experienced the feeling of having to be somewhere by a certain time, only to get on the road and face terrible traffic and road closures due to car accidents. A question that I get asked frequently is "which car is at fault for my car accident?" While in some scenarios, the answer is easy, usually the answer depends.

How This Lawyer Is Helping Change the World

World Vision | Posted 08.04.2015 | Canada Impact
World Vision

I went to law school to equip myself with the tools to make a difference in the world -- something that many of us want for our lives. Some people do it through teaching, others by volunteering, and others by the way they run their businesses. I do it through practicing law.

Trinity Western Grasps at Hypocritical Half-Truths

Douglas Judson | Posted 07.08.2015 | Canada Politics
Douglas Judson

John Carpay's condemnation of the Ontario Superior Court alleges that 'half-truths' have been relied on to scuttle Trinity Western University's quest to establish a law school. Ironically, Mr. Carpay's own analysis is built upon factual and legal mischaracterizations. These are designed to stoke suspicions of a nonexistent anti-Christian bias among legal institutions and to undermine the crucial public policy considerations invoked by the Law Society of Upper Canada in denying TWU's accreditation. The dispute surrounding TWU is about the public interest obligations of law societies to promote equal access to the profession, not about meddling with university policies or religious doctrines.

Why the Magna Carta Is Still Important

Asher Honickman | Posted 06.18.2015 | Canada Politics
Asher Honickman

In sum, while Magna Carta certainly represents the enduring nature of our legal order, it also underscores just how fragile the rule of law is. As we rightly celebrate what we have held onto for so long, we must also recognize what could have been lost. Magna Carta, like our own Charter of Rights and Freedoms, is by itself only a document and is therefore only as good as those who are tasked with interpreting and enforcing its provisions.

Criminalizing Abortion Will Only Make It Unsafe

Isabelle Côté | Posted 05.13.2015 | Canada Living
Isabelle Côté

Let's remind ourselves that inaccessible abortion services do not eliminate abortions. The choice, or even necessity to terminate a pregnancy is a reality. Criminalizing abortion can lead to unsafe and potentially life-threatening options for many women in disadvantaged situations.

How to Have a Good Relationship With Your Lawyer

Joshua Slayen | Posted 05.16.2015 | Canada Business
Joshua Slayen

Most people will need a lawyer at one point in their lives. Whether it is a home purchase or a will, a bankruptcy or a divorce, lawyers are a necessary part of our society. There are many different layers of client service within that framework, and every client wants to be treated as #1.

Why Medical Marijuana is Not a Legal Drug in Canada

Tracey Tremayne-Lloyd | Posted 04.30.2015 | Canada Politics
Tracey Tremayne-Lloyd

Medical marijuana is not a legal drug in Canada. It is an illicit (illegal) substance and Health Canada's current accessibility policy hasn't changed that fact. Marijuana has not been designated a prescription medication or medication of any kind. Not only does it not currently have a DIN, it looks like it will not have one any time soon. According to the Medical Use of Marijuana section on Health Canada's website, DIN's can only be issued after Health Canada scientists have assessed a drug's safety, efficacy and quality in order to be sure it meets Regulations and the requirements of the Food and Drug Act.

Why It's Important That Laws Can and Do Change

Danielle S. McLaughlin | Posted 04.15.2015 | Canada Living
Danielle S. McLaughlin

Our classes often look at cases and circumstances where a decision must be made about what happens to people's bodies, and indeed, to their lives. Do students who do not yet have the right to vote care about such issues? My experience is that they care deeply and passionately. They are profoundly interested in fairness and justice -- and they are waiting for us to listen.

Is Marriage the New Dating? How Wills and Estates Lawyering Must Adapt in the 21st Century

Joshua Slayen | Posted 04.12.2015 | Canada Living
Joshua Slayen

When it comes to wills/estates planning, as mentioned, the state of one's intimate relationship(s) becomes critical. Although I promised not to bore you with all of the nuances, I'm going to temporarily break that promise to name a few facts to illustrate my point:

A Dark Day For Environmental Justice in Canada

Ecojustice | Posted 03.31.2015 | Canada

The Supreme Court of Canada's disappointing decision to reject a class action, launched by Nova Scotians who say their health has been compromised by the notorious Sydney tar ponds, has shed more unflattering light on the state of environmental justice in Canada.

Constitutional Rights -- Poetry or Practice?

Mona Elisabeth Brother | Posted 02.08.2015 | Canada Politics
Mona Elisabeth Brother

A celebration of our history brings us to reflect on the present. There are certain questions we must ask ourselves. What challenges do Norway, Canada, and other like-minded countries face in our efforts, for example, to promote democracy, protect, and live in an inclusive society with equal rights and non-discriminatory practices? What is our role in the global picture?

Whichever Side You're On In the Israel-Gaza Conflict, Stick To the Facts

Gabriel Granatstein | Posted 10.16.2014 | Canada
Gabriel Granatstein

The tragedy of friendly fire is perhaps the starkest proof that militaries can make deadly errors that are neither intentional nor illegal. In the same vein, civilian casualties are painful, but they do not automatically represent a breach of the international law so long as the distinction, proportionality, and intentionality are observed (and other rules of course).

The CRA Should Learn That Charities Can Have Controversial Views

Blake Bromley | Posted 10.07.2014 | Canada Politics
Blake Bromley

CRA is cherry-picking its jurisprudence to justify its program of political activities audits. It is ignoring these recent decisions from Australia, England, New Zealand and even Canada's Federal Court of Appeal. Disagreeing with the government on environmental issues is not necessarily a partisan activity.

Don't Select Charities To Audit Based On Their Political Leanings

Blake Bromley | Posted 10.01.2014 | Canada Politics
Blake Bromley

How can Canada claim to have a truly independent regulator when the Director General has admitted to the national press that the Directorate is concerned with the particular political leaning of charities, rather than with whether their activities are political at all?

Why We Need Mandatory Psychological Tests For Foreign Adoptive Parents

Romeo Vitelli | Posted 09.22.2014 | Canada
Romeo Vitelli

Previous reports stated that Maxim had a positive relationship with Massimo Maravalle and his wife Patrizia but questions are now being raised about what signs may have been missed. Other witnesses have reported that the suspect had been seen shaking Maxim a few days before his death although it is still unknown whether psychiatric problems contributed to his actions.

Should Charities Be Allowed to Participate in Politics?

Blake Bromley | Posted 09.16.2014 | Canada Politics
Blake Bromley

The "advocacy chill" in Canada is due to the politicization of the regulator rather than the law of charity. I am still only a reluctant supporter of increasing the rights of charities to engage in political activities, and my participation in this debate is firmly rooted in my belief in the rule of law and in opposition to the politicization of the current Charities Directorate.

Does the Government Have in Hand in Which Charities Get Audited?

Blake Bromley | Posted 09.13.2014 | Canada Politics
Blake Bromley

Canada's reputation with regard to the politicization of charity audits for "political activities" has been tarnished both domestically and internationally. One can only hope that CRA audits would be governed by the rule of law rather than a political agenda.

Chris Taylor on Last Gang Records and the Changing Entertainment Landscape

Herbert Lui | Posted 08.25.2014 | Canada Music
Herbert Lui

When it all boils down, Last Gang Records was started in one of the most tumultuous eras of the music industry. It has thrived in the ten years since. Most people would say that the worst is over, but the entertainment industry will continue to evolve with streaming technology and subsequent advancements. But I'm not too worried for them.

Bill C-36 Could Prevent Sex Trafficking

Michelle Brock | Posted 08.11.2014 | Canada Politics
Michelle Brock

I am pleased to see that bill C-36 puts the responsibly on the johns. For far too long, prostitution has been an anonymous, low-risk activity for those seeking to purchase sex. Considering that prostitution has a high degree of violence (regardless of legal context), the only way to reduce the harm on a wide, long-term scale is to reduce demand for paid sex. We applaud Minister MacKay on his courageous first step of introducing legislation that recognizes the need for addressing demand and for pledging much needed funding for frontline programs.

Law School Grad? You're Going to Need These Job Interview Tips

Faisal Kutty | Posted 08.04.2014 | Canada Business
Faisal Kutty

As a former managing partner of a small law firm, some of my students ask me for advice about job interviews. This is the first part of an article offering such tips. There is no particular order to the tips. These tips, though catered to law school graduates, may be helpful to all job seekers.

5 Things You Should Know About the Medical Marijuana Injunction

Jenna Valleriani | Posted 07.13.2014 | Canada Politics
Jenna Valleriani

Patients with expired ATPs before March 21st need to get a letter, prescription or simply a form from their doctor that authorizes them -- essentially replicating what was found in the MMAR document with respect to authorized possession, grams per day, and signed by the doctor to be in compliance with regulations 53.

If You Want an Amazing Job You Have to Ask the Right Questions

Neil Seeman | Posted 07.10.2014 | Canada Business
Neil Seeman

I am fascinated by questions vastly more than answers. Socrates was a genius because he asked questions -- all the time. When I meet a company founder, he or she tends to ask bucket-loads of killer questions. Why is that?

How to Reform the Senate Without a Constitutional Amendment

Asher Honickman | Posted 07.06.2014 | Canada Politics
Asher Honickman

The senators themselves could also aid in this democratization process by self-imposing term limits. Once again, this would come to pass over time as a matter of convention, not legislation. The senators would legally be appointed to age 75, but as a more democratic culture took hold, they would face pressure to step down after X number of years.