Television shows such as Law and Order portray lawyers who prosecute crime as the heroes - fighting for justice and being the victim's voice in the court. In real life, these lawyers do play a critical role in the criminal justice system. However, shows that portray prosecutors as the defenders of … [Read more...]
Retaining a Lawyer
You have asked your friends, looked at websites and finally settled on a lawyer who seems to be a good fit for your case. But before you become a client of that lawyer, you must first retain them. Unfortunately, retaining a lawyer is not always straightforward. The process involves checking whether … [Read more...]
Foreclosures in Alberta: The return of the ’80s?
When the pandemic hit, mortgage companies quickly realized the potential for a large upswing in mortgage defaults due to job losses. As a result, many offered homeowners an opportunity to defer their mortgage payments for up to six months. The CBC recently reported that Albertans took lenders up … [Read more...]
Freedom of Movement during COVID-19
On March 11, 2020, the World Health Organization (WHO) declared COVID-19 – an infectious disease caused by a new coronavirus – a global pandemic. With no vaccines or treatments to control the disease, the WHO asked governments “to take urgent and aggressive action to stop the spread of the … [Read more...]
COVID-19 Tracing Apps: Are they secure enough to protect the right of privacy?
It is almost impossible to know somebody who does not have a smartphone they use for almost every purpose: to send e-mails, to search for a new apartment or to navigate using the map features. The technology seems limitless. If a new problem arrives, technology can present an answer or an effective … [Read more...]
Aftershocks: COVID-19 and the “new normal” for family lawyers
When the world feels like it is off its axis and everything is changing at an unprecedented pace, sometimes it helps to remember what has NOT changed as we grapple with what has. Things that have not changed: Families continue to require compassionate and thorough assistance to get their lives in … [Read more...]
Mechanisms for Relief from Contractual Obligations in the Realm of COVID-19
The novel coronavirus (“COVID-19”) has directly impacted society as a whole. But what really is COVID-19? It is a member of the coronavirus family of viruses. When virologists first studied this class of viruses, they used microscopy to view these viruses. The viruses appeared to have a faint halo, … [Read more...]
The Use of the Peace, Order and Good Government Clause in Canada’s Constitution
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 … [Read more...]
Charter Notwithstanding: Section 33
33 (1) Parliament or the legislature of a province may expressly declare in an Act of Parliament or of the legislature, as the case may be, that the Act or a provision thereof shall operate notwithstanding a provision included in section 2 or sections 7 to 15 of this Charter. Section 33 of the … [Read more...]
The Emergencies Act
When I agreed to write about the Emergencies Act, I had no idea that I would end up doing so at a time when the federal government was actually considering resorting to this never-before-used legislation. But with the arrival and spread of COVID-19 in Canada, this Act is an option the government has … [Read more...]