LawNow Magazine — relating law to life
A Primer on Municipal Law in Alberta. September 7, 2021 By Ben Throndson. Reading Time: 4 minutes With local elections approaching, it’s a good time to brush up on municipal law and government in Alberta. Municipal governments play an important role in shaping Albertans’ daily lives – from taxes to transit, bike lanes to bylaw enforcement
Actived: 3 days ago
The Colour of the Law
(5 days ago) The law has never explained the doctrine’s emphasis on the colour blue. And the test is blue-pencil, not necessarily blue line. Non-photo (non-repro) blue is a common tool used in the graphic design and print industry. It is a particular shade of blue that cannot be detected by cameras or copiers. Artists lay down sketch lines without the
The Law of Costs and the Cost of Law
(Just Now) The law allows judges almost unfettered discretion to order that disbursements and legal fees be paid by the losing party. Usually, the shifted fees will be based on an itemized schedule corresponding to the amount in issue in the litigation.
The Law of Spanking
(3 days ago) In a family (non-criminal) law context, spanking may also be viewed as child abuse. Social science research is inconclusive, showing both positive and negative impacts of corporal (physical) punishment. About half the countries of Europe have made …
The Rule of Law: What is it
Reasonable Doubt in Criminal Law
(6 days ago) ..the law requires that before the Crown can make use in court of something the accused has said to a person in authority over him (a police investigator, a prison guard, and so on) the Crown must prove beyond a reasonable doubt that the decision of the …
You Have Choices! Resolving family law problems outside of
(7 days ago) John-Paul E. Boyd Q.C. is a family law arbitrator, mediator and parenting coordinator, providing services throughout Alberta and British Columbia, and counsel to the Calgary family law firm Wise Scheible Barkauskas. He is the former executive director of the Canadian Research Institute for Law and the Family at the University of Calgary.
Civil Disobedience, Environmental Protest and the Rule of Law
(4 days ago) Sometimes the law violated in a civilly disobedient action is the very law that protesters seek to change. This was the case in an iconic instance of civil disobedience when in 1955 a young black woman, Rosa Parks, defied the Montgomery, Alabama law requiring city buses to be racially segregated by confining black passengers to the back of the bus.
In Loco Parentis
(Just Now) The law confers upon Canadian teachers some immunities to achieve these goals but corporal punishment in schools has become an historical footnote. Despite a teacher having a possible legal defence against a charge of assault, spanking or otherwise physically punishing a student would violate the teacher’s professional code of conduct
Magna Carta Informs Our Criminal Law
(Just Now) In law, all persons are considered equal, but outside of the legal context we know society is composed of many different groups and levels. Thus, when it comes to factors such as social and economic standing, racial or ethnic background, and religious heritage the 12 citizens chosen to sit as a jury in any particular case may share only some
A Lease is a Contract
(5 days ago) Much of this law is contained in what is known as the common law. The common law exists in the decisions of judges that have been handed down and reported over many centuries. In addition to the common law, there are also statutes passed by legislatures which can modify, change, or add to the common law.
(Just Now) Black-letter law refers to the concept that rules are generally well-known and free from doubt or dispute. Black-letter law is related to the more colloquial term, “letter-of-the-law,” which refers to a court taking a literal approach to reading the law. However, the “spirit-of-the-law” is the opposite approach.
The Vexatious Litigant
(6 days ago) Trevor Todd restricts his practice to estate litigation and has practised law for 38 years. He is a past President of the Trial Lawyers Association of BC, a past chair of the Wills and Trusts (Vancouver) Subsection, and a past president of the New Westminster Bar Association.
The Emergencies Act
(3 days ago) The federal government has not yet used the Emergencies Act since it became law in 1988. Probably the most controversial aspect of the use of the WMA during each world war was the government’s internment of large groups of persons based solely upon their ethnicity and racial backgrounds. Thousands of persons were imprisoned in camps hundreds
Permanent Residents and Residency Obligation
(8 days ago) The IAD Appeal can be based on law or on equitable relief, commonly known as Humanitarian and Compassionate factors (H & C) or a mixture of law and H & C. The appeal is based on law if it is alleged that the examining officer made a mistake in the calculation of days or did not credit the qualifying days out of Canada as set out in Section 28(2
Mould and Rental Properties
(1 days ago) The law may have changed since then. The views expressed in this article are those of the author and do not necessarily reflect the views of LawNow or the Centre for Public Legal Education Alberta. Looking for articles like this one to be delivered right to your inbox? Subscribe.
Equitable Doctrines and Maxims
(4 days ago) The law of equity is as important in Canadian law as statute law and common law. It operates to provide equitable relief when there is a recognizable right but no remedy under the common law. The law of equity has developed over centuries to …
The Right to Housing as a Human Right
(1 days ago) (a) recognize that the right to adequate housing is a fundamental human right affirmed in international law; (b) recognize that housing is essential to the inherent dignity and well-being of the person and to building sustainable and inclusive communities; (c) support improved housing outcomes for the people of Canada; and
No Trespassers Allowed
(6 days ago) The law’s rationale is that a landowner is entitled to freedom from permanent structures which in any way impinge upon the actual or potential use and enjoyment of his/her land. Should such a scenario occur, the law provides that a landowner has a right of action in trespass.
How Are Environmental Laws Made
(5 days ago) The ways environmental policy becomes environmental law are the same as the ways other laws are created in Canada. The federal, provincial and territorial governments can create statutes or regulations. Municipalities can create bylaws. Much of the debate about environmental law creation takes place during the policy formation stage.
Important Concepts in Environmental Law – the Idea of
(9 days ago) In the next few columns I am going to talk about some concepts that are important to understanding environmental law. The first is the idea of sustainable development. A quick search of the CANLII website shows the phrase appears in Canadian federal and provincial legislation 359 times and in published court decisions 237 times.
A Primer on Municipal Law in Alberta
(Just Now) Municipal law can be thought of as the law that affects how municipalities operate. It is a collection of various types of law. A few examples: Constitutional law affects how municipalities are created, what powers they possess and places limits on those powers.
The Evolution of Canadian Law
(3 days ago) Family law, and divorce in particular, have also changed immensely since 1867. Until 1968 divorce was mainly governed by provincial laws which differed across the country. Many could only be divorced by an Act of Parliament: Someone wanting out of an abusive or otherwise bad marriage had to seek the assistance and support of their Member of
Canada’s Carbon Tax Laws: Where are we now
(4 days ago) The Saskatchewan government filed their request for review of the Act before the Act became law. The Court didn’t hear from provincial and federal lawyers though until after the law came into effect. Federalism refers to Canada having two levels of government: provincial and federal. Five justices heard the reference.
Whatever Happened to …R. v. Oakes
(4 days ago) Police stopping vehicles randomly on roadsides is today a constitutional form of criminal law enforcement. It is an excusable, “demonstrably justifiable” exception to the right against arbitrary detention, because the Supreme Court of Canada has ticked off these three boxes of the Oakes test in a succession of decisions: Dedman v.
Stinchcombe: Crown Disclosure of Criminal Evidence
(9 days ago) It is the principle of fair play. The right to disclosure is one of the most important rights guaranteed to an accused in the criminal process. Disclosure facilitates agreement on facts in issue and, where appropriate, early guilty pleas. It arises from the common law, the Charter (section 7) and is codified in the Criminal Code.
Married vs. Common Law – What’s the Difference Anyway
(6 days ago) Common Law The ITA defines a common law partner as a person (opposite or same sex) with whom the taxpayer lives in a conjugal relationship, and at least one of the following applies: the parties have cohabitated with one another throughout the previous 12 months, or; the person is the parent of the taxpayer’s child.
Privacy Rights of Children
(Just Now) The law should protect them from attacks against their way of life, their good name, their families and their homes”. The Supreme Court of Canada in the 2005 case of R v. R.C. explicitly refers to the Convention and its incorporation into the criminal justice system for youth. It wrote:
What Does a Commercial Contract Do
(8 days ago) A commercial contract does three important things in the eyes of the law: Determines Your Rights and Obligations. A contract determines the rights and obligations of the persons it binds. By setting out those rights and obligations in a contract — say the right to receive delivery of a certain good and the obligation to pay for that good when
Introduction to Contracts
(9 days ago) Consumer law covers a wide range of topics that are pervasive in our everyday lives – including contracts, advertising, credit, buying of goods and services, privacy and more. CPLEA often receives questions from the public about consumer law-related issues and so LawNow is launching this column to address these concerns.
Canada Opens its Courts to Overseas Human Rights Abuses
(2 days ago) The Court said Canada automatically incorporates customary international law into domestic law, unless there is a conflict with existing Canadian legislation, through the doctrine of adoption without any need for legislative action (para 90). Customary international law must be treated with the same respect as any other law.
A Troubled Prosecutor on a Quest in
(9 days ago) With local elections approaching, it’s a good time to brush up on municipal law and government in Alberta. Municipal governments play an important role in shaping Albertans’ daily lives – from taxes to transit, bike lanes to bylaw enforcement, and development permits to dog licenses.
Water Regulation in Alberta: 5 Things You Need to Know
(7 days ago) For anyone who wants to dive a little deeper, an excellent in-depth resource on water law in Alberta is the second edition of Alberta’s Wetlands: A Law and Policy Guide, written by Professor Arlene J. Kwasniak and published by the Canadian Institute of …
Medically Assisted Death Offers Options
(3 days ago) The main point of contention lies in the scope of the government’s proposed changes to the law. While the Supreme Court did not limit the results of its ruling to persons for whom death is imminent, that is a central feature of the new law.
The Use of the Peace, Order and
(1 days ago) Recent events in Canada have caused a resurgence of reliance on the Peace, Order and Good Government (POGG) clause in section 91 of The Constitution Act, 1867.When federal and provincial governments seek to pass legislation, they must have authority under section 91 (federal government) or 92 (provincial governments).
Stinchcombe and Crown Disclosure of Criminal Evidence
(7 days ago) This criminal law decision from a unanimous Supreme Court of Canada does not involve the merits of guilt or innocence or the severity of sentencing. It deals only with the uncompromising legal duty of the Crown prosecutor to share all the evidence it …
Changes to Alberta Employment Law. Again.
(4 days ago) For more information about employment standards in Alberta, see CPLEA’s FAQs and employment law information sheets. The 4-week period immediately before the general holiday. So if a holiday falls on a Monday, the period is the 28 days ending on the Sunday before.
Canada’s New Anti-Spam Legislation: What to Expect
(2 days ago) Mark Borkowski (MB): Let’s start with the basics.What is Canada’s new “Anti-Spam” law? Ralph Kroman (RK): Canada passed the Fighting Internet and Wireless Spam Act, unofficially referred to as the “Anti-Spam Act”, in December of 2010.It has not yet entered into force but once it does, likely sometime in 2013, it will regulate certain activities to deter damaging and deceptive forms
The Continuing Relevance of International Law in Canada
(9 days ago) International law is received into the Canadian legal system in a number of different ways, which can have important consequences on commerce, the development of infrastructure, the protection of civil liberties, and so on. For instance, the trade agreements that the Government of Canada signs with other nations may provide Canadian businesses