Being a guarantor is a big responsibility and can have serious consequences. This recently updated booklet published by the Centre for Public Legal Education Alberta addresses how important it is to understand exactly what you are getting yourself into and what the impact of signing the agreement may be. Click here to view “Being a Guarantor”.
LawNow Vol. 42-5 May/June 2018
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Volume 42-5 May/June 2018
Table of Contents
Featured Articles: Ghosts in the Legal Machine
Special Report: International Agreements
Departments
Columns
A tongue-in-cheek look at “ghosts” in the legal system.
Featured Articles: Ghosts in the Legal Machine
“Ghosts” in the Criminal Code
Charles Davison
Looking at provisions in the Criminal Code that are obsolete, overturned, or out of date.
Ghost Consultants and Canada’s Immigration System
Kari Schroeder
Unauthorized immigration consultants harm vulnerable newcomers.
Loosening the “Dead Hand”: Conditions on Gifts in Wills
Mandy England
Understanding what kind of conditions are permitted in wills.
The “Drop-Dead” Rule in Civil Litigation
Cole Lefebvre and John MacKay
If a court case is delayed for three or more years, it can be dismissed by a judge.
Speaking to the Dead: Repealing Laws Against Pretending to Practice Witchcraft
Kristy Isert
The law against pretending to practice witchcraft is an oddity, outdated and unnecessary.
Special Report: International Agreements
Tax Treaties
Hugh Neilson
How tax treaties impact the average person.
NAFTA in a Nutshell
Tahira Manji
Compromise will be required from all parties in order for this agreement to be saved.
Dealing with US Debts in a Canadian Bankruptcy
Doug Hoyes
How to deal with bankruptcies if you have debt in both countries.
Why the UN’s Declaration on Indigenous Rights Has Been Slow to Implement in Canada
Stefan Labbé
A primer on the UNDRIP in Canada.
Understanding the Connections Between International Law and Canadian Criminal Law
Charles Davison
Extraditions, crimes against humanity, and the Canadian Charter.
Departments
BenchPress
Aaida Peerani
New Resources at CPLEA
Lesley Conley
Columns
Criminal Law
Melody Izadi
No Legal Training, No Problem! Go Forth and Represent Your Family in Provincial Court for Free!
Employment Law
Peter Bowal
Who Makes the Law of Work in Canada
Family Law
Sarah Dargatz
Enforcement of Family Law Orders When Parents Live in Different Places: Part 1
Famous Cases
Peter Bowal
Omar Khadr.1
Human Rights Law
Linda McKay-Panos
Sexual Harassment and Sexual Assault in the Workplace: Is this something new?
Law and Literature
Rob Normey
Breaking the Code, and then Breaking the Spirit
Not-for-Profit
Peter Broder
Sexual and Other Harassment and Fiduciary Duty
Domestic Violence Toolkit for Landlords
![Domestic Violence Toolkit for Landlords](https://www.cplea.ca/wp-content/uploads/2018/04/1DVToolkitForLandlords-224x300.png)
The Centre for Public Legal Education Alberta (CPLEA) is pleased to announce the publication of its Domestic Violence Toolkit for Landlords. The Kit has been designed for landlords, managers and anyone else who works on-site or has access to residential rental units.
The Tookit includes:
- Information on how to help prevent domestic violence
- What to do if it does happen
- A list of services tenants can call for help
- A list of agencies to contact for more information about domestic violence
- A list of resources that will help you learn more about domestic violence.
CPLEA thanks our partners in this project: Calgary Residential Rental Association, Stop Abuse in Families and the Alberta Council of Women’s Shelters as well as all the landlords, property managers and domestic violence agencies that supported the project.
This project was funded by Status of Women Alberta.
LawNow Volume 42-4 Mar/Apr 2018
Tips to grow your new million dollar idea into a thriving business.
Volume 42-4 Mar/Apr 2018
Table of Contents
Featured Articles: Law for Entrepreneurs
Special Report: Poverty and Homelessness
Departments
Columns
Featured Articles: Law for Entrepreneurs
Steps to Starting a Business in Alberta
Khadija Zeeshan
Understanding the forms and practical steps for starting a business.
Tax Advice for Starting a Business.
Caitlin Butler
Tax Advice for Starting a Business.
Calgary Lawyer and Entrepreneur Donna Gee Gets Things Done
Brian Seaman
Donna persevered through law school and set up a firm as a single-mother battling cancer.
Protecting Your Invention: Tips from an Intellectual Property Lawyer
Francisco Marquez-Stricker
Leveraging your invention is often just as hard, if not harder, than coming up with the invention.
How to Deal with Bankruptcy as a Small Business Owner
J. Doug Hoyes
Six points to help you understand the process of bankruptcy of a business better.
10 Common Mistakes When Launching a New Business
Vandana Taxali
Many new businesses place legal concerns on the back burner due to time and cost constraints.
Special Report: Poverty and Homelessness
Charter of Rights and Homeless Persons
Linda McKay-Panos
Much work needs to be done if we seek to rely on the Charter for a right to adequate housing.
Greater Electoral Access for the Homeless
Anna Kopec, IRPP
Homeless people should be encouraged to vote and given equal opportunity to do so.
Low Income Ontarians More Prone to Debt Problems
J. Doug Hoyes
Generally, someone files for bankruptcy when something catastrophic happens.
Departments
BenchPress
Aaida Peerani
Viewpoint
Charles Davison
Understanding Parole: Paul Bernardo Eligible for Full Parole in February 2018
New Resources at CPLEA
Lesley Conley
Columns
Criminal Law
Melody Izadi
Criminal Court Haters, Take Note: What the #believethevictims Movement Fails to Recognize
Employment Law
Peter Bowal
#MeToo and Wrongful Dismissal
Environmental Law
Jeff Surtees
Are Environmentalists Good or Bad?
Family Law
Sarah Dargatz
Self-Employment and Family Law
Famous Cases
Peter Bowal
The Law of Spanking
Human Rights Law
Linda McKay-Panos
Human Rights Law and Employment: Does Context Trump Relationship?
Law and Literature
Rob Normey
Second Person Singular by Sayed Kashua: Acquiring False Identities at Great Psychic Cost
Not-for-Profit
Peter Broder
Senate Study Offers Opportunity for Fresh Look at Charity Issues
LawNow Vol. 42-3 Jan/Feb 2018
Learning to listen to the voices of children in the justice system…
Volume 42-3 Jan/Feb 2018
Table of Contents
Featured Articles: Children in the Justice System
Special Report: Tax Reform
Departments
Columns
Featured Articles: Children in the Justice System
Finding the Best Ways Forward: Report on the Symposium on Children’s Participation in Justice Processes
John-Paul Boyd
Report on the National Symposium on Children’s Participation in Justice Processes.
Children Witnesses in Criminal Courts: Recognizing Competence and Assessing Credibility
Nicholas Bala
Ending the myth of unreliability of children witnesses in criminal court.
Youth Criminal Justice Act: An Overview
Charles Davison
Understanding how the law responds to young persons who commit criminal offences.
Infants and Family Law: Advice for Parents
Evelyn Wotherspoon and Sonja Lusignan
Pre-verbal children can have lawyers appointed for them with or without parental consent.
The State of Mental Health Treatment for Youth in the Justice System
Lisa Kasper
Improved access to mental health resources benefits both the youth and the general public.
Voices of Children in Parenting Coordination
Francine Cyr and Catherine Quigley
Should children be given a voice in parenting coordination?
Special Report: Tax Reform
Reforming Our Tax System
Chris Sprysak
What Prime Minister Trudeau can learn from the Carter Commission (and his father).
Time for Tax Reform
Michael Dolson
Many assumptions underlying our current tax system appear to be outdated.
The Politicized Complexity of the Canadian Income Tax Act
Matthew Peddie
Tax exemptions, deductions, and credits have become extremely prevalent in Canada.
Departments
BenchPress
Aaida Peerani
Viewpoint
Tasneem Karbani
Tradition Triumphs: A New Guard for Canada’s Supreme Court
New Resources at CPLEA
Lesley Conley
Columns
Criminal Law
Melody Izadi
To Charge or Not to Charge: That is No Longer the Question
Employment Law
Peter Bowal and Thomas D. Brierton
Harassment as a New Workplace Safety Issue
Family Law
Sarah Dargatz
Dispensing With a Parent’s Consent for Counselling For Children
Famous Cases
Peter Bowal and Thomas D. Brierton
Stinchcombe: Crown Disclosure of Criminal Evidence
Human Rights Law
Linda McKay-Panos
Age Discrimination in Alberta Human Rights Legislation: New Developments
Law and Literature
Rob Normey
Orwell on Law, Order and Corruption in Burma
Not-for-Profit
Peter Broder
Registered Charity Rights and Privileges
CPLEA project helps tenants deal with domestic violence
The Centre for Public Legal Education Alberta (CPLEA) is pleased to announce a new project to help victims of domestic violence. Funded by the Alberta Status of Women the project will raise awareness of resources and services that landlords can use to prevent and respond to domestic violence on their premises. Click here to view the full release.
LawNow Vol 42-2 Nov/Dec 2017
Answers to top questions about the law to help make your life a little easier.
Volume 42-2 Nov/Dec 2017
Table of Contents
Featured Articles: Top 5 Legal Questions
Special Report: Access to Justice
Departments
Columns
Featured Articles: Top 5 Legal Questions
What Do I Have to Tell the Police if They Stop Me?
Charles Davison
It depends on why they’re asking you to stop and what you’re doing at that moment.
What Do I Do With My Tenancy if I’ve Lost My Job?
Centre for Public Legal Education Alberta
Laws for tenants in Alberta if their employment ends.
Police Records Checks – What Can They Disclose?
Heather Forester
Understanding how information in a screening tool may be a barrier to equal opportunity.
What You Should Do if You are Injured in a Car Accident
Donald L. McFarlane
A handy list of steps to take if you are in a motor vehicle collision.
Can I Leave Someone Out of My Will?
Donna L. Gee
The difference between those who you can cut out of your will and those you can’t.
Special Report: Access to Justice
Defending the Court Challenges Program
Carissima Mathen and Kyle Kirkup
A powerful symbol of commitment to Canada’s Constitution
Public Interest Law Clinic at the University of Calgary
Christine Laing and Drew Yewchuk
The forces shaping access to justice are shaping the future of legal practice and education.
Supreme Court of Canada Endorses A New Approach to Self-Represented Litigants
Sean Sutherland and Cassie Richards
Strict application of court rules against a self-represented litigant may lead to injustice.
Departments
BenchPress
Aaida Peerani
Viewpoint
Elected Municipal Officials Must Be Careful About Conflicts of Interest
Peter Bowal and Kyle Meema
New Resources at CPLEA
Lesley Conley
Columns
Criminal Law
Melody Izadi
First Comes Trump Hat, Then Comes Racism
Employment Law
Peter Bowal and Lindsay Thorburn
Bad Behaviour 2.0, Part 2: Employees Getting Away With…
Environmental Law
Jeff Surtees
How Are Off Road Vehicles Regulated in Alberta?
Family Law
John-Paul Boyd
Conflict Between Parents, Part 3: More Strategies to Reduce Conflict, Active Listening and Looping
Famous Cases
Peter Bowal and Thomas D. Brierton
Whatever Happened To…Stinchcombe and Crown Disclosure of Criminal Evidence?
Human Rights Law
Linda McKay-Panos
Justice for Victims of Corrupt Foreign Officials Act: Canada Seeks to Hold Foreign Officials Accountable for Human Rights Abuses
Law and Literature
Rob Normey
A Not Insignificant Death: The Grass is Singing
Not-for-Profit
Peter Broder
Charity Federal Regulatory Round-up
LawNow Vol 42-1 Sept/Oct 2017
Leaving a legacy is no simple matter. Planning ahead is the best way to ensure that you maximize the benefit to your families and loved ones even after you’ve kicked the bucket.
Volume 42-1 Sept/Oct 2017
Table of Contents
Featured Articles: Wills and Estates
Special Report: The Senate
Departments
Columns
Featured Articles: Wills and Estates
“Have You Heard the One About The Canadian Who Died Without a Will?”
Kathy Hawkesworth
Harness “will power”; light-hearted twist on a serious topic with five excuses and rebuttals.
People Always Told Me, Be Careful What you Do: Wills and Dependency Legislation
Fred R. Fenwick QC and Andrea MacLean
Struggles and balancing of interests inherent in Alberta’s wills and dependency legislation.
Round Two: Blended Families and Estate Planning
Mandy England
Issues commonly arise when estate planning for blended families.
Inheritance Issues in Bankruptcy
Doug Hoyes
When someone files for bankruptcy, he/she surrenders all non-exempt assets including inheritances.
Death and Taxes: When the Certainties Collide
Christie Hoem-McNall and Hugh Neilson
As the cliché goes, the only certainties in life are death and taxes. When the former occurs, the Personal Representative of the Estate must address the latter.
Setting Up Wills and Trusts
Doug Surtees and Amanda S.A. Doucette
To understand your choices in estate planning, it is essential to understand the difference between a will and a trust.
Mental Capacity Has Different Meanings in Different Contexts
Donna L. Gee
Capacity in a will-making is not the same as the capacity to make decisions concerning personal care, health and managing one’s financial affairs.
Special Report: The Senate
A Renewed Senate That Works for Canadians
Senator Peter Harder
Remodelling the Senate to build a more independent institution.
The Senate Reference: Supreme Court of Canada Outlines Constitutional Road to Reform
Katherine Creelman
Parliament finds out how it can change or abolish the Senate.
An Insider’s Look at Senate Committees
Marjun Parcasio
The work of Senate Committees is often undervalued and overlooked.
Departments
BenchPress
Aaida Peerani
Viewpoint
Peter Bowal and Ahmed Zaid
Scoring NAFTA: The United States Trounces Canada in Investor-State Disputes
New Resources at CPLEA
Lesley Conley
Columns
Criminal Law
Melody Izadi
Reminder: Beyond a Reasonable Doubt is a Pillar of Our Justice System
Employment Law
Peter Bowal and
Bad Behaviour 2.0, Part 1: Employees Getting Away With…
Environmental Law
Jeff Surtees
A River Runs Across It: Solving Trans-Border Disputes over Water
Family Law
John-Paul Boyd
Conflict Between Parents, Part 2: Protecting Children From Conflict
Human Rights Law
Linda McKay-Panos
Interveners in Human Rights Cases
Law and Literature
Rob Normey
Leonardo Padura, The Man Who Loved Dogs
Not-for-Profit
Peter Broder
What’s Fair?
LawNow Vol 41-4 Mar/Apr 2017
Canada’s Aboriginal children have been and continue to be among our most vulnerable citizens.
Volume 41-4 Mar/Apr 2017
Table of Contents
Featured Articles: Aboriginal Children
Special Report: Innovations in Legal Services
Departments
Columns
Featured Articles: Aboriginal Children
Aboriginal Child Protection and Dual Citizenship: Membership has its Benefits
Troy Hunter
Aboriginal children often have dual citizenship in one or more Indian bands. This complicates things!
The Missing Children Project
Stephanie Jansen
Thousands of Aboriginal children are missing or unaccounted for. The Truth and Reconciliation Commission wants to know what happened to them.
The Canadian Human Rights Tribunal Decision and the Jordan Principle
Edward Apolonio
How long must Aboriginal Children wait to receive funding equal to other Canadian children?
Envisioning an Indigenous Jurisdictional Process
Janice Makokis
Onion Lake Cree Nation is undertaking an Indigenous law-making and governing process.
The “Sixties Scoop”: A Dark Chapter in Canadian History
Rachel Shabalin
The Ontario Superior Court of Justice has delivered a decision on the devastating effects of the ‘60s Scoop of Aboriginal children
Special Report: Innovations in Legal Services
Technology, the Legal System and Legal Services
Lois Gander Q.C.
Changes in technology have made it possible to think in entirely new ways of addressing the law, legal information and legal services.
Exploring New Frontiers for the Delivery of Legal Services in Canada
Amer Mustaq
Canadian lawyers are learning that they can’t practice law in the same old ways.
Current Trends in Technology for the Provision of Legal Information
Scarlett Chan
There is a lot going on in the interface of law and technology. Let’s explore what’s out there.
Departments
Benchpress
Teresa Mitchell
Viewpoint
Fairness for Children: Canada’s Challenge
New Resources at CPLEA
Lesley Conley
Columns
Creditor and Debtor Law
Doug Hoyes
Student Loans under the Bankruptcy and Insolvency Act
Criminal Law
Melody Izadi
Oh, S***! Court of Appeal Rules on One Man’s Bowel Movements and Charter Rights
Employment Law
Peter Bowal and Roger Ferneyhough
Cumulative Cause: Part 2
Environmental Law
Jeff Surtees
Who’s the Boss? Jurisdiction over the Environment in Canada
Family Law
John-Paul Boyd
Obtaining Evidence in High Conflict Parenting Disputes, Part 4: Parenting Coordination
Famous Cases: Whatever Happened to…
Peter Bowal and Michael Carroll
Keystone XL and NAFTA Revisited
Human Rights Law
Linda McKay-Panos
Pregnancy Discrimination Remains an Issue
Law and Literature
Rob Normey
1984 and None Turn Back: Two Timely Novels
Not-for-Profit Law
Peter Broder
For Charities, Partisanship Could Be Dangerous Sailing
LawNow Vol 41-3 Jan/Feb 2017
Canada’s transgender community needs and deserves full human rights protection.
Volume 41-3 Jan/Feb 2017
Table of Contents
Featured Articles: Transgender Issues
Special Report: Canada’s Judiciary
Departments
Columns
Featured Articles: Transgender Issues
It’s Time to Enshrine the Rights and Protections of Transgender Canadians
Senator Grant Mitchell
A Bill presently before the Senate of Canada will deliver long-awaited protections for Canada’s transgender community.
Transgender Protection in Provincial Human Rights Codes
Peter Bowal and Sydney Smith
Supporting Transgender People in the Workplace
Melissa Luhtanen
In Alberta employers must protect against discrimination and harassment based on gender identity.
Canada is Working to Create Inclusive Environments for Transgender Athletes
Rachel Corbett
A guidance document by the Canadian Centre for Ethics in Sport sets out an overall philosophy of full inclusion in developmental and recreational sport.
Special Report: Canada’s Judiciary
Scrutinizing the Bench: Judicial Appointments in Canada, and England and Wales
Marjun Parcasio
Canada’s judicial system is modelled on the United Kingdoms’ but there are differences in how we select our judges.
Continuing Education for Canadian Judges through the National Judicial Institute
Adele Kent
Canadian Judges work hard to keep abreast of developments in the law, hone their courtroom skills and deepen their understanding of the people who come before them. They also share their expertise with judges around the world.
The Appointment of Supreme Court of Canada Justice Malcolm Rowe
Drew Yewchuk
Recently, a Question and Answer session introduced newly selected Justice Malcolm Rowe to invited participants, and through them, to the Canadian public.
When Will We See an Aboriginal Justice on the Supreme Court of Canada?
Matthew Wolfson
Canada’s aboriginal people are still without Supreme Court of Canada representation.
Departments
Benchpress
Teresa Mitchell
Viewpoint
David Butt
New Resources at CPLEA
Teresa Mitchell
Columns
Aboriginal Law
Troy Hunter
A More Appropriate Name for British Columbia is “New West Lands Reserve.”
Criminal Law
Melody Izadi
Lockdowns and Liberty
Employment Law
Peter Bowal
Cumulative Cause: Part 1
Environmental Law
Jeff Surtees
What is Environmental Law and Why is it Hard to Understand?
Family Law
John-Paul Boyd
Obtaining Evidence in High Conflict Parenting Disputes, Part 3: Views of Child Reports and Parenting Assessments
Famous Cases: Whatever Happened to…
Peter Bowal and Kaiden McIntyre
The Story of Linda Gibbons
Human Rights Law
Linda McKay-Panos
Human Rights and Poisoned Work Environments
Law and Literature
Rob Normey
A Long Way from Plato
Not-for-Profit Law
Peter Broder
Keeping at Arm’s Length