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61955.06This paper examines the Conservative government’s “tough on crime” agenda and its legislation. After providing background information, the author discusses several issues in the context of the new “tough on crime” platform, including the principle of proportionality, restraint, parity in sentencing, mandatory minimums, victim fine surcharges, capping enhanced credit, and the deprivation of parole eligibility. This paper was presented at the Constitutional Law Symposium in October 2014.
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61955.05This paper is organized around the following questions: When are investigators allowed to search a digital electronic device? Are there special warrant requirements for these kinds of searches? Can the police rely on the power of search incident to arrest to examine a digital device such as a cell phone? After using case studies to ground his analysis, the author concludes with thoughts regarding the future of digital evidence in the court. This paper was presented at the Constitutional Law Symposium in October 2014.
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61955.04Both papers in this set examine the S.C.C. decision in Tsilhqot’in Nation v British Columbia. The first paper examines the idea that the decision in Tsilhqot’in provides some guidance at the level of general principle, but that the actual working of the “new constitutional order” will take some time to settle. The author looks at issues surrounding the scope of aboriginal title, whether aboriginal title is Crown land, the interjurisdictional immunity and the Sparrow justification analysis discussed by the court in Tsilhqot’in, the intersection of aboriginal rights and charter rights. The author ends with a discussion of some practical implications of the decision in Tsilhqot’in. The second paper complements the first, with more commentary on why Tsilhqot’in is an important decision, and its implications. This paper was presented at the Constitutional Law Symposium in October 2014.
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61955.03This paper focuses on the constitutional doctrine at work in Canada (Attorney General) v Bedford. Following an overview of the Bedford decision and a brief discussion of the threshold issues of “security of the person” and “legislative causation”, the author offers a theory of fundamental justice, before providing an account of the constitutional principles against arbitrariness, overbreadth, and gross disproportionality. This paper concludes with some reflections on the possible revitalization of s 1 of the Charter in s 7 cases. This paper was presented at the Constitutional Law Symposium in October 2014.
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61955.02This paper presents a comprehensive review and critique of the Supreme Court of Canada’s adverse effects discrimination jurisprudence. Using various case studies like Andrews v Law Society of British Columbia, Eldridge v British Columbia (Attorney General), Vriend v Alberta, Taypotat v Taypotat, and Carter v Canada (Attorney General), this paper begins by exploring both the history and current framework of the Court’s s 15 jurisprudence. The authors go on to review the Supreme Court’s adverse effects discrimination cases in the context of three different analytical approaches to s 15(1). Lastly, they focus on Carter, seen as the newest challenge to the constitutionality of the criminal prohibition against assisted suicide, and which is about to be heard by the Supreme Court. The authors conclude by contemplating the way forward for adverse effects claims. A list of S.C.C. s. 15(1) equality cases is attached. This paper was presented at the Constitutional Law Symposium in October 2014.
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61955.01This paper discusses the current legal and ethical landscape surrounding end-of-life medical practice through the lens of s 7 of the Charter. Using Carter v Canada (Attorney General) to foreground her analysis, the author begins by outlining the Charter jurisprudence on physician-assisted suicide in Canada before turning to the practical legal and ethical considerations at play in end-of-life medical care. After this discussion – where the author defines various treatment options and implications of current legally acceptable end-of-life practices – the author concludes by considering the upcoming Supreme Court hearing involving these issues. This paper was presented at the Constitutional Law Symposium in October 2014.
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61912.07This paper examines the workings of the Companies Creditors Arrangement Act, including issues surrounding the threshold for CCAA relief and the practical process for obtaining that relief. It also addresses the role of a “Monitor” in CCAA proceedings, and considers how that role may evolve depending upon the facts of a particular case. Finally, it considers the more common forms of CCAA restructurings. Added bonus: Bankruptcy 101 Glossary of terms by Craig McMahon, Field LLP, providing an alphabetical list of typical bankruptcy-related terms and a concise explanation of each. This paper was presented at the Bankruptcy Seminar in January, 2014.
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61912.06This paper canvasses some of the fundamentals of receiverships, including the common law and statutory sources of receiverships, the differences between a privately-appointed receiver and a court appointed receiver, and the role of receivers. The author also looks at the rights of certain stakeholders in a receivership, such as landlords and unpaid suppliers, before concluding with some tips and tools for practitioners acting as counsel to one of the various stakeholders in a receivership. Added bonus: Bankruptcy 101 Glossary of terms by Craig McMahon, Field LLP, providing an alphabetical list of typical bankruptcy-related terms and a concise explanation of each. This paper was presented at the Bankruptcy Seminar in January, 2014.
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61912.05This paper provides a thorough examination of important topics related to commercial bankruptcies and proposals, with statutory references and a full bibliography. Topics include: the fundamentals of commercial insolvency, invoking the bankruptcy process, the scope and operation of the stay of proceedings in bankruptcy, property and the debtor company, the administration of the bankruptcy estate, distribution of dividends, commercial proposals, initiation of commercial proposal proceedings, proofs of claim and meeting of creditors, and secured creditors. Added bonus: Bankruptcy 101 Glossary of terms by Craig McMahon, Field LLP, providing an alphabetical list of typical bankruptcy-related terms and a concise explanation of each. This paper was presented at the Bankruptcy Seminar in January, 2014.
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61912.04In this paper, the author examines the Bankruptcy and Insolvency Act (BIA) provisions geared toward dealing with those using bankruptcy to absolve themselves of past transgressions – the fraudsters. Specifically, he looks at the various tools provided to trustees and creditors under the BIA, discussing topics like these: proving fraud, degrees of fraud, the Fraudulent Preferences Act and the Statute of Elizabeth, and the badges of fraud. Added bonus: Bankruptcy 101 Glossary of terms by the author, providing an alphabetical list of typical bankruptcy-related terms and a concise explanation of each. This paper was presented at the Bankruptcy Seminar in January, 2014.
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61912.03The author provides a general overview of tax obligations within a personal bankruptcy. He also examines situations where tax debt forms a significant part of the bankrupt’s debt and looks at how courts have treated bankrupts’ applications for discharge. More specifically, the author discusses the impact of s 172.1 of the Bankruptcy and Insolvency Act, including the factors that the bankruptcy courts consider when dealing with a discharge application under this section. Added bonus: Bankruptcy 101 Glossary of terms by Craig McMahon, Field LLP, providing an alphabetical list of typical bankruptcy-related terms and a concise explanation of each. This paper was presented at the Bankruptcy Seminar in January, 2014.
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61896.04This set of two papers summarizes the policies and procedures relating to immigration applications for permanent residence and of skilled workers. In the first paper, the authors discuss the Canadian Experience Class launched in 2008, and also the various categories under which applicants can apply for permanent residency under the Alberta Immigrant Nominee Program (the AINP). The second paper is devoted to the new Federal Skilled Trades Class and the changes to the Federal Skilled Worker Class. This paper was presented at the Immigration program in October 2013.
