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The Legislative Process: How We Make Our Laws

Details: repealing old laws completely. Whatever the expected outcome, the legislative process is essentially the same for each situation. The House – because its …

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How Are Environmental Laws Made

Details: Laws are usually defined as rules that are enforceable using state power. If you break a law, there is at least the possibility that you will face a penalty. The penalty could be a fine, loss of a licence or privileges, or even jail. Laws are different from policies. Government policy can be defined many ways but essentially it is the plan of

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43-5: How We Make Our Laws

Details: How Are Environmental Laws Made? Jeff Surtees Let’s look at laws concerning the environment as an example of how laws are made. Where Monarchy Meets the State: Canada’s Vice-Regal Offices John Cooper Giving Royal Assent is the last step in creating laws, but Canada’s vice-regal officers do much more. Building the New Jerusalem, One Clause

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Human Rights Laws and Inclusion of New …

Details: Human Rights Laws and Inclusion of New Grounds—Criminal Record. July 5, 2017 By Linda McKay-Panos. Reading Time: 4 minutes. Various provincial and federal jurisdictions choose to protect people from discrimination on various grounds in areas such as employment, services customarily available to the public and tenancy. In some cases, the

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The Law of Safe Injection Drug Sites

Details: The Supreme Court of Canada, after a convoluted analysis, determined the application of federal drug laws at Insite to be a violation of “life, liberty and security of the person.” However, the Controlled Drugs and Substances Act which prohibits the possession of illegal drugs, also allows the Minister of Health to exempt application of

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Recent Developments in Criminal Law

Details: Our laws have also long made it an offence punishable by up to 10 years imprisonment, to wear a mask or otherwise disguise oneself for the purposes of committing an indictable offence (including rioting). So one might wonder what was truly achieved by the creation of the new offence.

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What is Environmental Law and Why is it Hard to Understand

Details: All of these rules and many others like them are environmental laws. A textbook definition is that “[e]nvironmental law is the body of statutes and common law that is and will continue to be used to protect and improve environmental conditions.” [P. Muldoon et al. An Introduction to Environmental Law and Policy in Canada (Toronto: Emond

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Understanding the Connections Between International Law

Details: Similarly, when reviewing the constitutionality of some of Canada’s laws against hate speech, the Supreme Court cited various international instruments and agreements in support of its conclusion that restricting and punishing racist and discriminatory commentary is a sufficiently important societal objective as to justify the restriction and

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All Is Not Lost: The Law of Lost and Found

Details: Peter Bowal is a Professor of Law at the Haskayne School of Business, University of Calgary in Calgary, Alberta.

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Bicycle Law in Alberta

Details: In Canada, written cycling laws come from a variety of federal and provincial statutes and local bylaws. It is the responsibility of every cyclist to understand the rules that apply where they are riding. If you want to learn more about how law-making powers are divided between Canada’s levels of …

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Technology Transforms Criminal Law

Details: Reading Time: 6 minutes As with society in general, the practice of criminal law has changed significantly over recent decades as a result of the amazing growth and development of technologies which, until now, were only ideas and imaginings of science-fiction writers.

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Bear With Me: Law for little ones

Details: From the making of laws by a government body, we can move to the court system. There is a charming and humorous book from the United Kingdom called The Supreme Court: a Guide for Bears. Isabell Williams authored and illustrated this book, published in 2017. As the title suggests, a group of teddy bears guide children through Britain’s Supreme

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Canada’s Carbon Tax Laws: Where are we now

Details: POGG is a residual power that the federal government has to make laws about the heads of power not specifically listed in s. 92 of the Constitution Act, 1867. The provinces also have a residual power over all matters of a local or private nature in the province, set out in s. 92(16).

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A Primer on Municipal Law in Alberta

Details: Municipalities pass “bylaws”, not “laws”. What is municipal “law”? Municipal law can be thought of as the law that affects how municipalities operate. It is a collection of various types of law. A few examples: Constitutional law affects how municipalities are created, what powers they possess and places limits on those powers.

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Growing Community Gardens

Details: The landowner will also want the organization to agree to abide by any laws, including municipal bylaws. Getting Ready to Plant. Once the community garden has incorporated, identified suitable land, and leased the land from the owner, the next step is to organize the community garden’s member gardeners. A community garden will usually enter

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The Key Provisions and Case Law Which Define Hate Speech

Details: Despite section 13 of the Canadian Human Rights Act having been repealed, laws in Alberta, British Columbia, Saskatchewan and the Northwest Territories still prohibit the promotion of hatred and contempt. Moreover, all provinces and territories, with the exception of Yukon, contain provisions in their respective human rights legislation that

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The Law of Sexual Assault in Canada

Details: Reading Time: 11 minutes Perhaps no offence under our laws is as politically charged as sexual assault. And in no other offence situation are the gender lines as clearly drawn: while there are some exceptions, most sexual assault allegations are made by …

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Canadian Unions: From Repression and Resistance to the

Details: The labour laws passed by the federal government were consolidated into the Wartime Labour Relations Regulations in 1944, also known as PC1003. PC1003 was a monumental shift in labour politics, attempting to balance the legal rights of unions, union members, and employers.

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Political Belief and Discrimination in Employment Law

Details: The Canadian Human Rights Act sets out prohibited grounds of discrimination under s. 3(1):. For all purposes of this Act, the prohibited grounds of discrimination are race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, genetic characteristics, disability and conviction for an offence for which a pardon

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The Evolution of Canadian Law

Details: With a few, isolated exceptions, in 1867 – and for decades afterwards – laws were enacted, applied and enforced by white (usually British) men over all others who lived in this country. Women had few rights, and non-white members of society faced …

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A Brief Overview of Canadian Immigration Law

Details: Christopher Gallardo-Ganaban is a student at the University of Alberta’s Faculty of Law and a member of Pro Bono Students Canada. Pro Bono Students Canada is a student organization.

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Steps to Starting a Business in Alberta

Details: The directors will select officers, adopt the form of the shares, issue the shares and pass by-laws which will govern the internal workings of the corporation and address the specifics of their own meetings. The shareholders will then hold a meeting to approve the …

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Freedom of Movement during COVID-19

Details: Freedom of movement is a human right protected by domestic laws and international treaties … In order to address the COVID-19 outbreak, governments around the world took strict measures and curtailed their citizen’s freedom of movement. Borders of countries, states, provinces, counties and cities all over the world closed.

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Sexting: What’s the big deal

Details: Sometimes the laws are the same for youth, sometimes they are different. Our new Youth & the Law column aims to help readers better understand legal topics affecting youth today. Photo from Pixabay. In this issue, we’re diving straight into a controversial topic among youth today: sexting.

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Important Concepts in Environmental Law – the Idea of

Details: Whether they are working in government, at universities, for non-profit environmental organizations or in industry, highly skilled people trained in environmental law are important players in debating and creating policies, laws and regulation for sustainable development.

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Medical Treatment: When can I give my own consent

Details: This is called the ‘mature minor doctrine’. It is law according to the common law. (Common law means judge-made law, as opposed to laws made by the government.) Alberta uses the mature minor doctrine for youth giving consent to medical treatments. A health professional will decide if you are capable of making your own decision.

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Why is Canada a Bilingual Country

Details: The government enacted the laws described above in order to protect language rights and ensure that all Canadians are treated equally. However, having two official languages does not mean that every Canadian must speak both languages. It means that all federal services must be offered to Canadian citizens in both French and English.

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Who’s The Boss

Details: Federal government powers creating environmental laws include trade and commerce, navigation and shipping, fisheries, criminal law, aboriginal lands and people, taxation, anything that is a national concern or emergency, residual power over anything not specifically covered in either list, and to make laws for the peace, order and good

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Genetic Discrimination is Being Addressed in Canadian Law

Details: Canadian law does have insurance and privacy legislation that seeks to limit improper access to or use of personal information, but Canada has no specific laws to protect against genetic discrimination. …it is considered preferable to have explicit protection for genetic characteristics stated in human rights legislation.

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The Continuing Relevance of International Law in Canada

Details: To some Canadians, international law may be perceived as an amorphous body of law with little, if any, direct impact on their day-to-day life. After all, international law was historically referred to as the “Law of Nations”: the laws which governed the conduct of sovereign states as actors on the international plane.

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Envisioning an Indigenous Jurisdictional Process: A

Details: Indigenous laws and legal orders are the first original laws of the land we now call “Canada” and have been in existence since time immemorial. However, the imposition of western colonial law(s), legal systems and policies upon Indigenous Peoples and Nations has had significant impact upon our ability to govern, maintain peace and social

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Transgender youth: Everyday items, everyday rights

Details: Some laws and policies depend on the occurrence of gender reassignment surgery and say that a person must have had some surgery that reflects the identified-gender in order to obtain particular rights. More recently some rights have been permitted to transgender people who self-identify their gender. Policies protecting transgender youth cannot

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The Senate Reference: Supreme Court of Canada Outlines

Details: The government argued that, since it is exclusively allowed to make laws governing the Senate, it should be able to impose fixed term limits unilaterally. However, the SCC explained that a change to fixed terms for Senators would not only affect the Senate’s fundamental nature and role (because of the practical effects that would occur), but

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Bully Bosses: When Harassment is Not Discrimination

Details: Occupational health and safety laws in a number of jurisdictions, including the federal sphere (transportation companies, banks, airlines), British Columbia, Alberta, Saskatchewan, Manitoba, and Nova Scotia directly address workplace violence as a health and safety issue.

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The Constitutional Basis for Bilingualism in Canada

Details: The province would be left with “an invalid and therefore ineffectual legal system until the Legislature is able to translate, re‑enact, print and publish its current laws in both official languages”. Therefore, the Court granted the laws temporary validity until the government could translate and re-enact the laws in both languages.

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Legal and Ethical Support for Newborn Safe Havens

Details: The information on this website is provided for general information purposes only and is not meant as legal or other professional advice. If you require specific legal advice on …

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Tenant Move-Outs: Cleaning and Security Deposit Deductions

Details: Reading Time: 4 minutes Your lease is expiring in one week and you have already given notice to your landlord that you are moving out. You think that everything looks clean but you are just not sure whether you should stay up until 2:00 a.m. to scrub the place down before you leave.

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