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Thursday, December 03, 2020 @ 1:47 PM

Weekend jail denied, reserve residency violates Charter. Now what? Bushplane

R. v. Turtle 2020 ONCJ 429 is another refreshing decision rendered by Justice David Gibson. It opens up the possibility of finally making intermittent sentences (weekend jail), available to on-reserve Aboriginal offenders. The case is also a win for the most vulnerable: young Aboriginal mothers otherwise facing jail in a remote Northern community. A s. 15 Charter violation was found that was not saved by s. 1. This is a logical judgment, but we are left asking where do we go from here? There are 2,267 First Nations reserves in Canada — will the Crown be flying all those serving intermittent sentences back and forth each weekend? ... [read more]

Thursday, December 03, 2020 @ 8:44 AM

Section 3 counsel: What is your role? study_documents_sm

Pursuant to s. 3 of the Substitute Decisions Act, 1992, S.O. 1992, c. 30 (the SDA), if an individual’s capacity is in issue as part of any proceeding under the SDA, the court may direct that the Office of the Public Guardian and Trustee arrange for legal representation to be provided for that person and the person shall be deemed to have the capacity to retain and instruct counsel. ... [read more]

Wednesday, December 02, 2020 @ 2:43 PM

Indigenous children and the child welfare system in Canada Child holding drawing

In A.M. v. Ministry of Social Services 2020 SKCA 114, the Saskatchewan Court of Appeal recently rendered a decision that grappled with pressing issues facing the Indigenous community, children’s rights and even s. 7 rights under the Charter of Rights and Freedoms. ... [read more]

Wednesday, December 02, 2020 @ 1:58 PM

Lawyers beware: Alternative processes may not suspend limitation period stop_clock_sm

Since the 2016 decision in 407 ETR Concession Co. v. Day 2016 ONCA 709, Ontario law is clear that where a plaintiff pursues an alternative process to a civil action in order to resolve their dispute, the two-year limitation period may be suspended. But what happens when the plaintiff pursues that alternative process knowing it may not be the right forum in which to adjudicate their claim? ... [read more]

Wednesday, December 02, 2020 @ 1:19 PM

Raising a flag on equality prideflag

This holiday season may look different than other years. Most of us will not be seeing family and friends in person, there will be no large office holiday parties, and it is questionable whether Santa Claus will be coming to town this year (we are still waiting to see if the Ontario government will announce an order declaring Santa to be an essential service provider like the Easter Bunny). ... [read more]

Wednesday, December 02, 2020 @ 1:00 PM

Auditor general criticizes Ontario’s environmental record failing report card

Ontario’s auditor general Bonnie Lysyk recently released her annual report on the provincial government’s environmental record in 2019-20. The report was prepared in conjunction with Ontario’s commissioner of the environment and assistant auditor general Jerry DeMarco. ... [read more]

Tuesday, December 01, 2020 @ 3:14 PM

Emancipation of a child Mother talking to son

Those of us practising family law frequently see how the children suffer in a high-conflict battle between their parents. An older child may wish to determine matters such as where they will live and with whom they will live by themselves, without any involvement by the courts or an adjudicator. To this extent they wish for “emancipation.” ... [read more]

Tuesday, December 01, 2020 @ 2:07 PM

Dismissal, constructive dismissal, benefits during reasonable notice period Dividingsectionsofacircle

In Farber v. Royal Trust Co., [1997] 1 S.C.R. 846, the Supreme Court developed an objective test, under the civil law, comprised of operational criteria to support a finding of constructive dismissal. What remains somewhat uncertain is the exact quantum of damages to which the employee is entitled to. Is an employee victim of constructive or wrongful dismissal entitled to all quantifiable benefits originating during what should have been the reasonable notice of termination period? Three cases of the Quebec Court of Appeal provide guidance. It is the author’s opinion that Matthews v. Ocean Nutrition Canada Ltd. 2020 SCC 26 goes further in terms of reparation than what the Court of Appeal has held is warranted in similar circumstances. Matthews may bring some changes. ... [read more]

Tuesday, December 01, 2020 @ 12:23 PM

How green value chain affects trends, fashion, vegetation, legal framework Closeupleaf

Green is a fashion colour. Do you want to sell a product? Make it green. Are you supplying a service? Make it green. From global warming and ocean water levels to the thinning ozone layer, a new consciousness in younger generations makes “green” and “sustainability” two must haves in the marketing and communications department of any company in all areas of business. ... [read more]

Tuesday, December 01, 2020 @ 12:22 PM

Why backlinks matter when it comes to your firm’s Google ranking SEO

Authority is another factor Google’s algorithm takes into account when assessing whether to rank you on page one or 41. It is one of the more mysterious SEO ranking factors, with Google being somewhat elusive in terms of telling people what will turn the head of its algorithm, for fear that wise website owners will game their system. ... [read more]