Canada Law

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

Gabriel Granatstein | Posted 08.16.2014 | 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 08.07.2014 | 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.

What Do You Do When Your Star Quits Your Film?

John Kastner | Posted 06.29.2014 | Canada
John Kastner

There he stood with his excellent manners telling me politely that he did not want to be in my film, or discuss his tragic case or for that matter have anything further to do with me, not now or ever. And for the next few months, cut me dead. Welcome to the cruel realities of the world of documentary making. It's supposed to get easier when you've won four Emmys.

Where Have All the Female Lawyers Gone?

Andrea Lekushoff | Posted 05.20.2014 | Canada Business
Andrea Lekushoff

Women now constitute nearly half of the North American workforce, and in nearly half of households all adults work, but the business model of most Canadian law firms has not evolved to reflect this significant social change. A change in management approach is clearly needed.

Don't Lump Homosexuals in With Criminals

Ross Macnab | Posted 04.13.2014 | Canada
Ross Macnab

Homosexuality is not a criminal behaviour. It is a sexual orientation. Sexual orientation is like race, religion, ethnicity, sex, age and all the other prohibited grounds of discrimination found in the Charter of Rights and Freedoms and in human rights legislation in every Canadian jurisdiction. I assume they'll teach this at TWU Law School. If they miss this fundamental, but not fundamentalist, point, they're in danger of their law degree having the same currency as a diploma from the Amish Institute of Technology.

Which Religions Forbids A Man From Working With Women?

Stuart Rudner | Posted 03.16.2014 | Canada Living
Stuart Rudner

How did York University initially validate the request of a student who said for religious reasons, he couldn't interact with women? Unfortunately, perhaps it is because organizations are so afraid of being sued for failing to accommodate that they have lost the sense of what is a proper request for accommodation. Many would argue that what they have lost is their common sense.

Be a Resolutionary -- and Help Your Kid Be One Too

Danielle S. McLaughlin | Posted 03.07.2014 | Canada Living
Danielle S. McLaughlin

I like to call us resolutionaries. We are the people who have the best intentions and make great plans for the year to come. We will quit our bad habits and develop new and healthy ones. Today, we are sending our children back to school for the first week of 2014. Let's make a resolution to help them develop healthy habits -- and stick to those new habits.

Canadian Law Students Who Article Are Vulnerable to Abuse

Adam Dodek | Posted 02.15.2014 | Canada Business
Adam Dodek

I was concerned about Kate and I met with her in person. When she told me what was going on at her firm, it became clear that there was an element of sexual discrimination or harassment. Articling students facing such harassment have few choices. They could make a complaint to the Law Society, file a complaint under the firm's internal workplace harassment policy (assuming it exists), consult an employment lawyer or perhaps bring a human rights complaint. The power dynamics of articling make such options not particularly appealing to most students. So most would stick it out.

How To Tell If You've Picked the Right Executor For Your Will

Suzana Popovic-Montag | Posted 12.28.2013 | Canada
Suzana Popovic-Montag

Most people tend to choose a family member or a close friend to act as their executor. However, being an executor is not always an easy task and it is important to choose a competent person for the role. In our experience, it is a good idea to pick a leader, someone who is able to manage and attend to the administration issues in your estate.

Access To Justice In Canada 'Abysmal,' Report Says

CP | Jennifer Graham, The Canadian Press | Posted 10.18.2013 | Canada

SASKATOON - Access to justice in Canada is being described as "abysmal" in a new report from the Canadian Bar Association, which also calls for much m...

Florida Was Complicit in Trayvon Martin's Death

Saeed Selvam | Posted 09.16.2013 | Canada
Saeed Selvam

The jury in the Zimmerman trial made a decision that they felt comfortable with, they didn't have to be racist, Florida law protected and provoked their decision. The point is, collective anger and protest needs to be directed against the law, not store windows.

The Power of a Do-It-Yourself Will

Suzana Popovic-Montag | Posted 08.26.2013 | Canada Business
Suzana Popovic-Montag

Every year, many consumers create their own estate planning documents, such as wills and powers of attorney, using do it yourself kits. These kits can be found online or in shops across the country, ranging from free downloadable documents to significantly expensive ones.

Is the Government About to Can Its Own Anti-Spam Law?

Michael Geist | Posted 11.13.2013 | Canada
Michael Geist

In May 2010, then-Industry Minister Tony Clement introduced anti-spam legislation that he admitted was long overdue. Clement acknowledged that "Canada is seen as a haven for spammers because of the gaps in our current legislation...a place where spammers can reside and inflict their damage around the world." Yet last week, government officials disclosed that the best-case scenario for the law is that final regulations are released late this summer with the implementation of the law delayed until the fall of 2014.

What Snowbirds Should Know Before They Buy Down South

Suzana Popovic-Montag | Posted 08.17.2013 | Canada Business
Suzana Popovic-Montag

Those in the market for snowbird condominiums or other properties south of the border need to buy what it is they can afford and can make them happy, without their estate plans at the forefront of their mind. However, it's important not to be naïve in these cross-border property purchases, in order to ensure assets pass on in a meaningful way.

Supporting Women Lawyers in Russia

G(irls)20 | Posted 08.15.2013 | Canada
G(irls)20

2013-06-12-blog_girls_20_summit_v01A.png The Russian revolution declared equal rights for men and women, but in reality a tremendous gender gap remained in all the higher managerial positions. Although we still have a long way to go, in Russia young girls have many more opportunities today.