Canada Law

Canada Already Has An Interprovincial Trade Agreement: Our Constitution

Howard Anglin | Posted 07.27.2016 | Canada Politics
Howard Anglin

Even before Canada's Premiers departed Whitehorse on Friday, media coverage was applauding a "ground-breaking" and "historic" agreement on internal trade within Canada. Not so fast. One key omission was immediately evident. When it comes to alcohol, the agreement will establish "a working group on alcoholic beverages, which will explore opportunities to improve trade in beer, wine and spirits across Canada."

Designing The Stress Out Of Legal Sector Jobs

Joseph Donia | Posted 07.18.2016 | Canada Business
Joseph Donia

While law societies and bar associations across the country address the issue though awareness, education, and workshops, comparatively little has been done to examine and address how the current structure of legal services can contribute to burnout. Could we innovate less stressful careers?

An Insider's Guide To Finding A Skilled Lawyer

Henry Chang | Posted 04.25.2016 | Canada Living
Henry Chang

The most reliable way to determine if a lawyer is the best in his or her field is to seek the opinion of one or more lawyers who also practice in the same field.

Who Judges The Judge?

Jordana Goldlist | Posted 04.11.2016 | Canada Living
Jordana Goldlist

The reality is that crime fuels a multi-billion dollar industry; I am not talking about the money generated from those who commit crimes, but the system designed to stop them: The Justice System. Not only does it contribute to our economic system but it actually gives the majority of its participants a purpose and an identity. How many lawyers do you meet and don't learn of their occupation within minutes? Officers and Judges are no different: They define themselves by their roles in the system.

Ghomeshi And The Legacy Of Rape Mythology

Michael Plaxton | Posted 03.29.2016 | Canada Living
Michael Plaxton

No one will ever know whether Ghomeshi would have been convicted had his accusers been more honest and candid. All we can say is that the Crown's case would have been far stronger. Knowing that they will be judged in light of such "rape myths," it may seem sensible -- even obvious -- to a great many complainants that certain pieces of information should be managed so that they conform to the stereotype.

Protecting Autonomy In End-Of-Life Care Means Not Leaving People To Die Alone

Thomas McMorrow | Posted 03.14.2016 | Canada Politics
Thomas McMorrow

While law makers deliberate over how to develop the best regulatory regime in light of the Supreme Court's direction, it's important to remember that every one of us is implicated in -- and responsible for -- the shared human endeavour that is governance through law.

In Personal Injury Disputes, Your Metadata Is Fair Game

Maia Bent | Posted 03.01.2016 | Canada Living
Maia Bent

Over the last few years, as sharing of personal information on social media has become more ubiquitous, many personal injury cases in Ontario are being decided on evidence gathered from plaintiffs' social media accounts, which provide 'metadata' creating a time and location stamp of a user's online activity. And it's all admissible as evidence in court.

Assessing Credibility In The Ghomeshi Trial

Michael Plaxton | Posted 03.29.2016 | Canada
Michael Plaxton

Closing arguments have been made in the Jian Ghomeshi trial. The case, everyone agrees, turns on the credibility of the three complainants. How will the trial judge decide whether he accepts their testimony?

Governments Hate To Admit The Advantages Of Vaping

Karen Selick | Posted 12.30.2015 | Canada Politics
Karen Selick

Since 2009, Health Canada has taken the position that e-cigarettes containing nicotine are illegal. But out on the streets, Health Canada is simply being ignored. There's a brisk trade in vaping supplies including nicotine. Much of the new legislation might be found unconstitutional if challenged in the courts. Nicotine addicts who still use tobacco as a delivery method are suffering harm to their health that now appears to be quite unnecessary.

The Symbolism Within Spain's New Legal Marrying Age

G(irls)20 | Posted 12.01.2015 | Canada Business
G(irls)20

Alone, this law may not directly change much; it should go hand in hand with the support of more institutional and legal framework aimed at providing women with space and time to pursue their education and general development free of external pressures.

Girls Just Wanna Have Fun(damental) Human Rights

G(irls)20 | Posted 11.12.2015 | Canada Impact
G(irls)20

As of 2014, 143 out of 195 countries legally guarantee equality between men and women. I wish I could say that gender equality, or any equality, enforced by the law translates into equality in the minds of people. Deeply rooted problems preventing true parity have been promoted by patriarchy for years, passed on from one generation to another disguised as 'tradition.'

Ruling Puts Canada's Health And Environment At Risk

Ecojustice | Posted 11.11.2015 | Canada Impact
Ecojustice

If allowed to stand, the decision will further constrain the ability of the Canadian Environmental Assessment Act (CEAA) to ensure that most serious environmental and human health impacts associated with major industrial projects, including mines, dams and tar sands operations, are addressed.

It's Time To End The War On Drugs In Canada

Sohail Gandhi | Posted 11.03.2015 | Canada Politics
Sohail Gandhi

I was a true believer in the war on drugs, but at the end of the day, as a physician, I have believe in an evidenced-based approach. The evidence shows that incarceration doesn't work, and decriminalization with offers of treatment do. It's time to ignore dogma and act in the best interests of Canadians. It's time to end this war.

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 is...it 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 07.08.2016 | 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 06.18.2016 | 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 05.13.2016 | 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
Ecojustice

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.