Mexico’s Indigenous experience a lesson for Canada

There are no status cards providing one group with superior rights. There are no special financial privileges

Mexico’s Indigenous experience a lesson for CanadaMexico offers a social model that Canada should consider. Oaxaca is one of the best preserved colonial cities in Mexico. It has a bustling centre, rich with busy markets – street vendors and music wherever you go. Oaxaca state has the largest percentage of Indigenous people in Mexico. Zapotec, Mixtec and other peoples mingle in…

One sentencing standard for all offenders

Terri-Lynne McClintic shouldn't have been sent to a healing lodge. In fact, the very nature of such institutions defies fair practise

One sentencing standard for all offendersTerri-Lynne McClintic, convicted of the 2009 abduction, rape and murder of eight-year-old Tory Stanford, was recently moved from federal prison to a healing lodge. Canadians were surprised – to say the least – that the transfer of a convicted child murderer to a healing lodge was not something new but had being going on since…

One set of laws for all the only way to end racism in Canada

In his new book There is No Difference, Peter Best details a way to resolve Canada’s legal and social relations with its Indigenous

One set of laws for all the only way to end racism in CanadaIn his new book There Is No Difference, Ontario lawyer Peter Best begins a long-repressed national conversation about Canada’s legal and social relations with its Indigenous people. Best asks: Why can’t Nelson Mandela’s goal and vision of one set of laws for all be the goal in Canada? Why keep and even extend the demonstrably-failing separate…

Are we using Google Translate responsibly?

As with many new technologies, there are limits as to when this software can and should be used

Are we using Google Translate responsibly?Omar Cruz-Zamora was pulled over by police while driving in Kansas City in October 2017. The police officer used Google Translate to ask if he could search the car. Cruz-Zamora said yes, the officer found drugs and Cruz-Zamora was arrested. This officer is just one of the more than half a billion people worldwide who…

The strangling nature of Canada’s ‘duty to consult’ the Indigenous

A recent Supreme Court decision seems to have loosened the constraints, but will new legislation push such matters to the UN?

The strangling nature of Canada’s ‘duty to consult’ the IndigenousThe Supreme Court of Canada’s Mikisew decision, delivered on Oct. 11, 2018, marks what could be a very significant development in Canadian law – possibly ushering in a more reasonable era, where courts intervene less in matters that properly belong to the people’s elected representatives. Let me explain: Section 35 was written into Canada’s brand…

Canada Post records $94-million loss in third quarter

Loss mainly due to the cost of implementing pay equity ruling

Canada Post records $94-million loss in third quarterCanada Post recorded a loss before tax of $94 million for the third quarter of 2018, mainly due to the costs of implementing the final pay equity ruling. The ruling will adjust how much delivery employees in suburban and rural Canada (RSMC) are paid, said the corporation in a news release issued on Tuesday. “If…

Excluding irregular migrants from health care violates international law

People with irregular legal status generally receive no health benefits whatsoever and must pay out of pocket or rely on charity to cover their health needs

Excluding irregular migrants from health care violates international lawShould migrants living in Canada without legal authorization be entitled to health care? The answer according to a decision issued by the United Nations Human Rights Committee in August was clearly yes, especially if lack of health care threatens migrants’ lives. Sadly, the government of Canada has yet to respond. People living in Canada with…

Dazed and confused: legalizing cannabis offers no payoff

Provinces and municipalities face a bevy of expenses and a web of regulations. And the tax benefits at all levels are questionable

Dazed and confused: legalizing cannabis offers no payoffYou might wonder how legislators could lose money by legalizing and taxing an addictive substance. Behold, Canadian officials have outdone themselves with the rollout of recreational cannabis. Provinces and municipalities, many already in financial dire straits, have revealed a bevy of legalization costs. Meanwhile, tax projections suggest relatively slim pickings, given the size of the…

Why Canada needs more restorative justice

‘Imagine what society would look like with more empowered, restored individuals, giving back like I am, changing like I did’

Why Canada needs more restorative justiceBy Sen. Art Eggleton and Sen. Raymonde Saint-Germain A Department of Justice survey conducted earlier this year discovered that over half of Canadians (52 per cent) have little familiarity with restorative justice despite its use in our criminal justice system for over 40 years. So what is restorative justice? And can it provide better justice…

Trans Mountain mired in hopeless consultations and useless studies

The court decision against the pipeline veered away from objective legal analysis into opinions designed to justify preconceived biases

Trans Mountain mired in hopeless consultations and useless studiesFor the second time in two years, three judges with the Federal Court of Appeal struck down a crucially important oil export pipeline project that had undergone years of regulatory review. The approval of Northern Gateway by the former federal government of Conservative Stephen Harper was struck down in 2016. That was after Enbridge spent…

Ford’s notwithstanding clause gamble

The Ontario premier set a milestone precedent by invoking the clause in relation to Toronto city council. The fallout could be huge

Ford’s notwithstanding clause gambleThe Ontario government’s legislation to cut the number of Toronto city council seats from 47 to 25 was scuttled on Monday by a court ruling. While the general feeling had been that Premier Doug Ford would appeal this decision, he opted for a nuclear option that will be discussed for generations. The Progressive Conservative premier…

A lawsuit targeting Winnipeg entrepreneurs is bad for everyone

A legal win for the plaintiff would mean money for lawyers and a marginal payout for drivers. And it could cripple the business

A lawsuit targeting Winnipeg entrepreneurs is bad for everyoneSkipTheDishes driver Charleen Pokorik wants a different job. More precisely, she wants to do the same job but for the company to cover everything. Its founders left jobs like that to form the company, but she won’t do the same to be paid in the manner she wants. The result is a class action lawsuit…

Your home is your castle? Maybe not in Canada

People have a right to defend themselves, their family and their property. The Crown may not understand that but two juries have shown they did

Your home is your castle? Maybe not in CanadaTwo recent cases have shone a spotlight on the very limited right that Canadians now have to defend themselves and their property. They are the Gerald Stanley case from Saskatchewan and the recent Peter Khill case in Ontario. In both cases, property owners shot men who invaded their property to commit crimes. In both cases,…

Jumping on to the class action lawsuit gravy train

And the federal government should stop playing fast and loose with the hard-earned money of overtaxed taxpayers

Jumping on to the class action lawsuit gravy trainThe RCMP is facing another billion-dollar class action suit. Initiated by two former officers, it has the potential to reach back decades and involve tens of thousands of former officers, civilian employees and volunteers. The suit alleges harassment and bullying. As an example, one officer alleges that he was made to sleep in a horse…

Denying TWU’s bid for a law school was the right decision

But why were so many provincial law societies silent in the face of clear LGBTQ discrimination?

Denying TWU’s bid for a law school was the right decisionIn a society that prizes the rights and freedoms guaranteed to us by our Constitution, sorting through what to do when rights collide can be challenging. The Supreme Court of Canada recently dealt with that very issue. The Supreme Court protected the dignity of LGBTQ people in Canada and the integrity of the legal profession…
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