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Friday, March 27, 2020 @ 2:54 PM

COVIDIOTs could be deterred by Emergencies Act | Laurelly Dale

One might be intoxicated if they were to drink every time a reporter asked Prime Minister Trudeau whether he will try to invoke the Emergencies Act, R.S.C., 1985, c.22 (4th Supp.). ... [read more]

Wednesday, March 25, 2020 @ 2:06 PM

Fines for not social distancing make sense, but clarity needed, says Nova Scotia scholar Wayne_MacKay_sm

Fining Nova Scotians who do not practise social distancing is a worthwhile tool in fighting the spread of COVID-19, but clarity is needed for everyone as to what situations would be exceptions to the rule, says a legal mind. ... [read more]

Thursday, March 19, 2020 @ 9:32 AM

Placing maximum on human rights awards inadequate for most serious violations: lawyer David_Newman_wide_sm

Manitoba’s plan to cap the amount of money its Human Rights Commission can award to complainants will shut the door on adequately righting serious wrongs and fail to “educate and deter” powerful perpetrators, says a lawyer. ... [read more]

Monday, March 16, 2020 @ 9:10 AM

Nova Scotia’s immunity to gambling class actions could face challenge: lawyer Raymond_Wagner_sm

There could be legal challenges to newly passed Nova Scotia legislation shielding the government from class actions by those claiming to have suffered harm from problem gambling, a lawyer says. ... [read more]

Thursday, March 12, 2020 @ 1:52 PM

SCC missed chance to review ‘new approach’ by Federal Court of Appeal in pipeline case: lawyer Chris Tollefson

Chris Tollefson hoped the Supreme Court of Canada would have heard an appeal from his client, the Federation of British Columbia Naturalists (BC Nature), which was denied leave last September by the Federal Court of Appeal in its challenge of the federal cabinet’s approval of the Trans Mountain pipeline expansion project. ... [read more]

Tuesday, March 10, 2020 @ 12:01 PM

Coastal GasLink dispute rooted in conflicts over title, governance: legal experts Merle Alexander, Miller Titerle & Co.

The dispute over a natural gas pipeline through the traditional territory of a B.C. First Nation has garnered almost daily headlines both in Canada and abroad. But legal experts note the conflict goes far beyond any adverse environmental effects the project may have, and strikes at the very heart of long-simmering issues between Canada and Indigenous people — who actually has title over the land, and who actually speaks for First Nations. ... [read more]

Thursday, March 05, 2020 @ 12:35 PM

B.C. Court of Appeal strikes down mandatory minimum sentence for possession of stolen firearms

The march against mandatory minimum sentences by Canadian courts has taken another step after the B.C. Court of Appeal declared the minimum sentence for possession of stolen firearms to be in violation of the Charter. Jason Robertson was convicted by Justice Jeanne Watchuk of the B.C. Supreme Court on a number of charges, including one relating to the possession of two stolen rifles (R. v. Robertson 2018 BCSC 521). ... [read more]

Thursday, March 05, 2020 @ 9:36 AM

Canadians can’t trust police using facial recognition responsibly: legal expert Michael_Karanicolas_sm

The Mounties not consulting Canada’s privacy commissioner before using facial recognition technology “speaks to a broken system of privacy protection,” says a legal mind from the Ivy League. Michael Karanicolas, a resident fellow and privacy expert with Yale Law School, says it is “immensely troubling” that the public and the Office of the Privacy Commissioner of Canada (OPC) only became aware of the Royal Canadian Mounted Police’s use of facial recognition technology (FRT) after it was reported by news media. ... [read more]

Wednesday, March 04, 2020 @ 9:39 AM

Alberta infrastructure protest bill largely unnecessary: legal scholar Lisa Silver, University of Calgary

Canada has faced a crisis in recent weeks as major transportation arteries have faced blockades by individuals who say they are acting in solidarity with a number of hereditary First Nations chiefs protesting the building of a natural gas pipeline through their traditional territory. ... [read more]

Thursday, February 27, 2020 @ 3:01 PM

All eyes turn to Supreme Court after Alberta carbon tax ruling, legal scholar says Eric Adams, University of Alberta

The Alberta Court of Appeal has ruled the Trudeau government’s carbon pricing scheme to be an unconstitutional intrusion onto provincial powers, a decision that runs contrary to findings in other courts and one a legal scholar says the Supreme Court will have to grapple with due to the new issues it raises. ... [read more]