Areas of Law
Areas of Law
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  • 62014.05
    This paper is complimentary.
  • 07_45_01
    This paper is complimentary.
  • 61892.05b
    Drawing heavily on Criminal Procedure in Canada, this paper provides a primer on s 9 of the Charter, the constitutional guarantee “not to be arbitrarily detained or imprisoned” (Constitution Act). The author looks at the meaning of “detention” under the Charter and, specifically, issues surrounding police detention and arrest powers under the Charter. This paper was presented at the Constitutional Symposium held in October 2013.  
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  • 61892.02b
    First, this paper reviews the approaches to discrimination under both human rights legislation and the Charter, considering the Supreme Court’s historical approaches through to its most recent decision in Moore v. B.C. (Education) and Québec v A. Next this paper presents a case study from the Alberta Court of Appeal – Wright v College and Association of Registered Nurses of Alberta (Appeals Committee) – to illustrate the impact that the different approaches to discrimination may have on case outcomes. Finally, the paper considers the arguments for and against keeping the approaches under human rights legislation and the Charter distinct. This paper was presented at the Constitutional Symposium held in October 2013.  
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  • 62253.01
    Canada (Minister of Citizenship and Immigration) v Vavilov, 2019 SCC 65, is the sixth attempt in 50 years by the Supreme Court of Canada to grapple with standards of review. This paper concentrates on the important highlights and take-aways from Vavilov. It will also identify areas which Vavilov does not deal with, or which bear watching for further developments. This paper is part of a collection presented at LESA’s Administrative Law Update program in Calgary on April 5, 2022 and in Edmonton on April 6, 2022.
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  • 62070.01
    This paper offers suggestions for what to do when receiving an unexpected call from a client in custody. Points discussed include addressing privacy considerations, responding to a client with special needs, speaking to the arresting officer, explaining the right to silence to a detained client, and dealing with release. This paper is part of a collection presented at LESA’s Criminal Procedure Fundamentals program in Calgary on September 21, 2018 and in Edmonton on September 28, 2018.  
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  • 62109.01
    This paper considers how clients can preserve their intangible assets and take advantage of valuable intellectual property rights. It first reviews the basics of trademark law, and then discusses some more complex areas of brand protection. Topics discussed include registered vs. unregistered trademarks, terms and scope of marks, the registration process, ownership issues, and changes to trademark legislation coming into force in June 2019. This paper is part of a collection presented at LESA’s Intellectual Property Law for Non-IP Lawyers program in Edmonton on February 5, 2019 and in Calgary on February 12, 2019.  
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  • 62456.12
    Leaning on decades of experience, the author provides these materials as a source for tips and information about family law arbitrations Topics include: costs in arbitration matters, natural justice, when a deal is (or is not) a deal, corrections and amplification, and dealing with impasses and final offers. This paper is part of a collection presented at LESA’s Alberta Family Law Institute: Survive, Strive, Thrive program in Calgary on November 28–November 29, 2024.
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  • 61967.01
    Deciding whether to launch an appeal is the first step in the conduct of an appeal, yet surprisingly, there is very little written on this important subject.  This paper sets out relevant factors to consider when deciding whether to launch or resist an appeal in a criminal matter. Other topics covered include building a record, timing and deadlines, remedies, and permission to appeal.  The author also offers discussion on some common grounds of appeal/errors, the applicable standards of review for each, and related authorities. This paper is part of a collection presented at LESA’s Court of Appeal Practice program in October, 2015.
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  • 61892.03
    This paper examines the issue of senate reform, starting with the proposed Senate Reform Act, the Quebec government’s reference to the Quebec Court of Appeal and the upcoming reference to be heard by the Supreme Court of Canada. The author includes an addendum in which he reviews the contents of the facta filed in the Senate Reference. He also includes a chart summarizing governmental positions on the various questions at issue. That reference was scheduled for November, 2013. This paper was presented at the Constitutional Symposium held in October 2013.  
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  • 61883.03
    The Wills and Succession Act (WSA) of Alberta came into force on February 1, 2012, and brought significant changes to the practice of law in this area. Referring to the reported case law to date, this paper summarizes some of the provisions of the WSA that represent changes to the previous law. It also reviews several recent decisions in the area of costs in estate litigation. Includes a WSA transitional chart. This paper was presented at the Law and Practice program in November 2013.  
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  • 62060.14
    This paper is complimentary.