Legal Woes for the Easter Bunny

Several years ago, our young daughter asked a very direct question: “Is Santa Clause real?” Despite my attempts to fend them off, the questions continued. As did the lack of clear responses. A few months later, she had another direct question: “Mom, is the Easter Bunny real?” These questions have caused many a parent to pause. What is a parent to do, a parent who believes both in the wonder of childhood, and in honesty within families? It had not
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What Is Administrative Law?

I am quite frequently asked this question. Administrative law is the body of law that governs administrative agencies. Administrative agencies are involved in virtually every aspect of our lives.  Examples include agencies that regulate food and drug products, securities commissions, local building and development and zoning agencies, liquor control boards, self-governing professional bodies, privacy commissioners, employment insurance, human rights tribunals and workers’ compensation boards. Administrative agencies relieve the burden on our courts.  At least in theory, they may also provide
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Is It Legal to Surreptitiously Record a Phone Call?

Earlier this week, Prime Minister Trudeau removed Ms. Wilson-Raybould and Dr. Jane Philpott from the Liberal party. The reason offered was that recording “conversations without consent” was unacceptable, and that an Attorney General recording a conversation with the Clerk of the Privy Council was “unconscionable.” Ms. Wilson-Raybould, the former Attorney General of Canada, had recorded a December, 2018 telephone call between herself and the Clerk of the Privy Council, Michael Wernick. After being submitted to the Standing Committee on Justice
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R v. Sidhu: Was he Asleep?

“Driver in Humboldt crash wasn’t distracted at time of collision with bus, document says” read the headline. It reminds me of a joke my mother, a Saskatchewan resident, tells:   “A small car and a semi collided. The driver of the semi said, ‘It wasn’t my fault.’,   The driver of the car………. had no comment.”   Therein lies the crux of it.  Those involved in semi collisions are invariably unable to communicate their side of the story. In R. v. Sidhu,
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Do Employees Have A Right to View Their Personnel Files?

Does an employee have a right to see his or her own personnel file, without first obtaining the employer’s approval? If you are an employer, and an employee demands to see his or her personnel file, must you oblige? In B.C., Alberta and federally, subject to certain exceptions, an employee is able to view his or her own personnel file. The employee need not obtain anyone’s approval to request access to his or her file. However, the employer may need
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Privacy Rights In Shared Computers

In R. v. Reeves, the Supreme Court of Canada recently considered the extent of a person’s privacy rights in a shared computer.  This was a criminal case that centered on whether the police had properly seized the shared computer. Mr. Reeves shared a home with his common law spouse. Following domestic assault charges against him, a no contact order was issued. It prohibited him from visiting the home without his spouse’s consent. When the spouse contacted Mr. Reeves’ probation officer
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