Source: flickr/Trending Topics 2019
By Maddison Canuel
On May 25th, 2020, Calgary City Council voted to ban conversion therapy via the Prohibited Businesses Bylaw (bylaw number 20M2020, (the bylaw)).
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Source: flickr/Prachatai
By Linda McKay-Panos
Reposted from LawNow 44(5) with permission
We find ourselves in unprecedented times. As we scramble to “socially distance” and address the economic consequences of the global pandemic, inmates in Canadian institutions are particularly vulnerable to adverse effects by virtue of the conditions where they are held.
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Source: flickr/di.fe88
By Myrna El Fakhry Tuttle
Reposted from ABlawg with permission
Case Commented On: A.C. and J.F. and her Majesty the Queen in Right of Alberta (19 March 2020), Edmonton 2003-048252020 (ABQB) (Transcript available here)
On March 19, 2020, Court of Queen’s Bench Justice Tamara Friesen granted a temporary injunction prohibiting the Alberta Government from implementing an amendment of the Child, Youth and Family Enhancement Regulation, Alta Reg 160/2004, which lowered the age of eligibility from 24 to 22 for young adults receiving financial and social support under the Support and Financial Assistance (SFA) program. This temporary injunction will apply until the Court hears and rules on the issue of whether the amendment unjustifiably violates the Canadian Charter of Rights and Freedoms.
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Photo: flickr/UBC Library Communications and Marketing
By Myrna El Fakhry Tuttle
Reposted from LawNow 44(4) with permission
Families are no longer as secure as they used to be. The process of divorce and separation can deeply affect children, as can exposure to new types of family structures. Children may feel stressed, frustrated and confused.
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Photo: Flickr/ Kenny Cole
By Linda McKay-Panos
Reposted from LawNow 44(4) with permission
Mahatma Ghandi once said: “A nation’s greatness is measured by how it treats its weakest members.” Canada has used solitary confinement for prisoners for decades. In the past several years, solitary confinement has been the subject of criticism from civil libertarians and mental health advocates.
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Photo: flickr/Chris Fort
By Myrna El Fakhry Tuttle
Reposted from LawNow 44(4) with permission
In 1972, Christopher D. Stone wrote an article entitled “Should Trees Have Standing? – Towards Legal Rights for Natural Objects”. This article is still, even today, mentioned every time there is a discussion on legal rights and natural objects.
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Source: flickr/Charity Davenport
Reposted from ABlawg with permission
Decision Commented On: UAlberta Pro-Life v Governors of the University of Alberta, 2020 ABCA 1 (CanLII)
Once again, Alberta courts have been asked to address whether and when the Charter applies to activities at universities. There have been several ABlawg posts in the last few years that indicate there are two conflicting lines of cases across Canada. See: Context is Everything When it Comes to Charter Application to Universities, BCCA Unfortunately Chooses Not to Follow Alberta’s Lead on the Issue of Whether the Charter Applies to Universities; Does the Charter Apply to Universities? Pridgen Distinguished in U Vic Case; Face-ing the Charter’s Application on University Campuses; University Campus is not Charter-Free; and Freedom of Expression, Universities and Anti-Choice Protests.
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Photo: flickr/Natesh Ramasamy
By Myrna El Fakhry Tuttle
Reposted from ABlawg with permission.
Case Commented On: R v Charboneau, 2019 ABQB 882 (CanLII)
In this case, Court of Queen’s Bench Justice L.R.A. Ackerl struck down the mandatory minimum six month sentence in s 286.1(2)(a) of the Criminal Code, RSC 1985 c C-46, as provided for the offence of obtaining sexual services from a minor. In this ruling, Justice Ackerl declared that the mandatory minimum sentence was not grossly disproportionate for the accused (Mr. Charboneau), but it would be unconstitutional for an individual in reasonably foreseeable cases.
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Photo: flickr/Jason Rasp
By Myrna El Fakhry Tuttle
We all enjoy watching national and international sports events, but most of us do not have any idea about the journey the athletes go through in order to make it to these events.
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Photo: flickr/Renegade98
By Linda McKay-Panos
Reposted from LawNow 44(3) with permission
20/20: Looking back over the last 20 years
In Downtown Eastside Sex Workers United Against Violence Society v Canada (Attorney General), 2012 SCC 45 (DESW), the Supreme Court of Canada (SCC) adapted the rule on public interest standing. This resulted in the potential for better access to justice, especially for vulnerable peoples who may not otherwise have heard their issues addressed by a court.
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