ABLawg

Case Commented On: R v Vice Media Canada Inc, 2018 SCC 53

Criminal law, as observed in high-level Supreme Court of Canada decisions, is the legal version of urban life. Principles jostle and elbow through a crowd of issues and facts. This hum of urbanity gives this area of law an edgy unpredictable feeling. Conflict abounds and at times there is a winner take all attitude. Other times, the result in a criminal case is more nuanced as urban sprawl is contained and the chaos is smoothed over through the application of principled and balanced ideals. The decision in R v Vice Media Canada Inc, 2018 SCC 53, is one such case.

Decriminalization of Cannabis and Canadian Youth

By Lorian Hardcastle

On December 3, 2018

In Cannabis, Health Law

By: Lorian Hardcastle

PDF Version: Decriminalization of Cannabis and Canadian Youth

Legislation commented on: Cannabis Act, SC 2018, c 16

In a previous blog post, I summarized the new federal, provincial, and municipal laws pertaining to cannabis. One of the key policy issues for all three levels of government is the impact that legalization will have on young people. For example, the federal Cannabis Act has as two of its stated purposes to “protect the health of young persons by restricting their access to cannabis” and to “protect young persons and others from inducements to use cannabis” (section 7). In furtherance of these goals, the federal law decriminalized cannabis possession for individuals who are 18 years of age or older, with an exception for young people in possession of small quantities. All provinces other than Quebec and Alberta have increased this age to 19, which corresponds with provincial laws respecting alcohol consumption. However, Quebec’s incoming government recently promised to raise its legal possession age to 21.

Saskatchewan Land Titles Decision Calls Out for Appellate Review

By Nigel Bankes

On November 30, 2018

In Property

By: Nigel Bankes and Jonnette Watson Hamilton

PDF Version: Saskatchewan Land Titles Decision Calls Out for Appellate Review

Case Commented On: Registrar of Titles and Great West Life Assurance Company and Primrose Drilling Ventures Ltd, 2018 SKQB 290.

This decision deals with the power of the registrar to correct an error made back in the chain of title, the effect of a registrar’s caveat, and the status of a purchaser where a title is encumbered by a registrar’s caveat. Unfortunately, Justice Kovach has, in our view, reached incorrect conclusions on each of these issues. We hope that the Saskatchewan Court of Appeal has the opportunity to correct these errors.

The Alberta Law Reform Institute Begins Project Selection

By Admin

On November 28, 2018

In Uncategorized

Website of the Alberta Law Reform Institute

PDF Version: The Alberta Law Reform Institute Begins Project Selection

By: Barry Chung

Since 2016, the Institute has received over 50 law reform suggestions from the public, legal community and various service organizations. There was a wide variety of topics that ranged from the appointment of Provincial Court Judges, Indigenous Peoples and reconciliation, autonomous vehicle legislation, and Business Corporations Act compliance to name just a few.

While the majority of these topics are important and worthy of consideration, only a few will make it through ALRI’s rigorous selection process.

Implementing UNDRIP: some reflections on Bill C-262

By Nigel Bankes

On November 27, 2018

In Aboriginal, International Law

By: Nigel Bankes

PDF Version: Implementing UNDRIP: some reflections on Bill C-262

Bill Commented On: Bill C-262, An Act to ensure that the laws of Canada are in harmony with the United Nations Declaration on the Rights of Indigenous Peoples

This post comments on Bill C-262 adopted by the House of Commons on May 30, 2018. The Bill is currently in the Senate awaiting debate in a very packed fall sitting. The post is based on a presentation that I made to the Conference on Indigenous Solutions to Environmental Problems held at the Banff Centre, Banff Alberta, November 9 – 12^th 2018 on the Treaty 7 territory of the Stoney Nakoda First Nation.

Part I offers some preliminary comments on the United Nations Declaration on the Rights of Indigenous Peoples (Declaration or UNDRIP). Part II describes Canada’s bumpy road to the endorsement of the Declaration. Part III examines the subject of latest step in that endorsement, namely the government’s support of MP Romeo Saganash’s private member’s bill, Bill C-262.

My main conclusion is that the Bill strikes a judicious balance between affording the Declaration some immediate “application” in the laws of Canada, and the creation of a process that will, over time, give greater effect to the Declaration within the Canadian legal system and in doing so slowly decolonize Canadian law and the Canadian legal mind. My perception of the balanced nature of the Bill means that I do not share the views expressed by some (see, for example, Dwight Newman and Ken Coates here) to the effect that the Bill is overly simplistic and will shift a lot more power to the courts.

The Vice Squad: A Case Commentary on R v Vice Media Canada Inc

Decriminalization of Cannabis and Canadian Youth

Saskatchewan Land Titles Decision Calls Out for Appellate Review

The Alberta Law Reform Institute Begins Project Selection

Implementing UNDRIP: some reflections on Bill C-262