Supreme Court strikes down prostitution laws.
Friday, December 20, 2013 - Filed in: Courts
In Canada (Attorney General) v. Bedford, B, L and S, current or former prostitutes, brought an application seeking declarations that three provisions of the Criminal Code, which criminalize various activities related to prostitution, infringe their rights under s. 7 of the Charter: s. 210 makes it an offence to keep or be in a bawdy‑house; s. 212(1)(j) prohibits living on the avails of prostitution; and, s. 213(1)(c) prohibits communicating in public for the purposes of prostitution. They argued that these restrictions on prostitution put the safety and lives of prostitutes at risk, by preventing them from implementing certain safety measures—such as hiring security guards or “screening” potential clients—that could protect them from violence. B, L and S also alleged that s. 213(1)(c) infringes the freedom of expression guarantee under s. 2(b) of the Charter, and that none of the provisions are saved under s. 1.
The Ontario Superior Court of Justice granted the application, declaring, without suspension, that each of the impugned Criminal Code provisions violated the Charter and could not be saved by s. 1. The Ontario Court of Appeal agreed s. 210 was unconstitutional and struck the word “prostitution” from the definition of “common bawdy‑house” as it applies to s. 210, however it suspended the declaration of invalidity for 12 months. The court declared that s. 212(1)(j) was an unjustifiable violation of s. 7, ordering the reading in of words to clarify that the prohibition on living on the avails of prostitution applies only to those who do so “in circumstances of exploitation”. It further held the communicating prohibition under s. 213(1)(c) did not violate either s. 2(b) or s. 7.
The Attorneys General appealed from the declaration that ss. 210 and 212(1)(j) of the Code are unconstitutional. B, L and S cross‑appeal on the constitutionality of s. 213(1)(c) and in respect of the s. 210 remedy. The Supreme Court of Canada (“SCC”) held the appeals should be dismissed and the cross‑appeal allowed. Sections 210, 212(1)(j) and 213(1)(c) of the Criminal Code are declared to be inconsistent with the Charter. The declaration of invalidity should be suspended for one year. Read More...
The Ontario Superior Court of Justice granted the application, declaring, without suspension, that each of the impugned Criminal Code provisions violated the Charter and could not be saved by s. 1. The Ontario Court of Appeal agreed s. 210 was unconstitutional and struck the word “prostitution” from the definition of “common bawdy‑house” as it applies to s. 210, however it suspended the declaration of invalidity for 12 months. The court declared that s. 212(1)(j) was an unjustifiable violation of s. 7, ordering the reading in of words to clarify that the prohibition on living on the avails of prostitution applies only to those who do so “in circumstances of exploitation”. It further held the communicating prohibition under s. 213(1)(c) did not violate either s. 2(b) or s. 7.
The Attorneys General appealed from the declaration that ss. 210 and 212(1)(j) of the Code are unconstitutional. B, L and S cross‑appeal on the constitutionality of s. 213(1)(c) and in respect of the s. 210 remedy. The Supreme Court of Canada (“SCC”) held the appeals should be dismissed and the cross‑appeal allowed. Sections 210, 212(1)(j) and 213(1)(c) of the Criminal Code are declared to be inconsistent with the Charter. The declaration of invalidity should be suspended for one year. Read More...
On Becoming Antifragile
Tuesday, December 17, 2013 - Filed in: General Interest
The following article appeared in the Art of Manliness web site. It draws upon a book, Antifragile: Things That Gain from Disorder, by Nassim Nicholas Taleb. It has received very mixed reviews--some complementary, some not. I think there is merit to the points being made by the writers. It is lengthy, but a thought provoking read. Read More...
Koskie Makes Submissions to Senate Committee
Thursday, November 28, 2013 - Filed in: Personal
Supreme Court Clarifies Criminal Law Sentencing Considerations
Tuesday, November 12, 2013 - Filed in: Courts
In R. v. Pham, the Supreme Court of Canada (SCC) was faced with the issue of whether a sentence otherwise falling within the range of fit sentences can be varied by an appellate court on the basis that the offender would face collateral consequences that were not taken into account by the sentencing judge. The SCC ruled collateral consequences may be relevant in tailoring the sentence, but their significance depends on and has to be determined in accordance with the facts of the particular case.
In this case, the accused, a non-citizen, was convicted of two drug-related offences. In light of a joint submission by the Crown and defence counsel, the sentencing judge imposed a sentence of two years’ imprisonment. Under the Immigration and Refugee Protection Act, a non-citizen sentenced to a term of imprisonment of at least two years loses the right to appeal a removal order against him or her. In the present case, neither party had raised the issue of the collateral consequences of a two year sentence on the accused’s immigration status before the sentencing judge. The SCC reduced the sentence of imprisonment reduced to two years less a day. Read More...
In this case, the accused, a non-citizen, was convicted of two drug-related offences. In light of a joint submission by the Crown and defence counsel, the sentencing judge imposed a sentence of two years’ imprisonment. Under the Immigration and Refugee Protection Act, a non-citizen sentenced to a term of imprisonment of at least two years loses the right to appeal a removal order against him or her. In the present case, neither party had raised the issue of the collateral consequences of a two year sentence on the accused’s immigration status before the sentencing judge. The SCC reduced the sentence of imprisonment reduced to two years less a day. Read More...
Newspaper Publicity
Wednesday, October 23, 2013 - Filed in: General Interest
Finley Peter Dunne was an American humorist and writer from Chicago. In the late 1800s and early 1900s, he wrote under the name of Mr. Dooley, a fictitious bartender that spoke with the thick verbiage and accent of an Irish immigrant. This was a time when "the mass media" consisted of daily newspapers. As a bartender, Dooley was the next line of “mass communication.” He was a combination broadcaster and editorial commentator, reading the headlines and arguing the news of the day with his tavern patrons. Once, speaking sarcastically about the self-righteous hubris of journalists, he wrote the essay that follows. It is a tough read because of the writing style. However, it is well worth the effort. Please look for the following passage that cautions about the power of the newspapers themselves:
In this day of radio, television and the internet, have things changed much?
What is interesting is that in current day, journalists–and even politicians, clergy and others–use a portion of this quotation, in a bit of a twist, as their own raison d’etre. Read More...
“Th newspaper does ivrything f'r us. It runs th' polis foorce an' th' banks, commands th' milishy, controls th' ligislachure, baptizes th' young, marries th' foolish, comforts th' afflicted, afflicts th' comfortable, buries th' dead an' roasts thim aftherward.”
In this day of radio, television and the internet, have things changed much?
What is interesting is that in current day, journalists–and even politicians, clergy and others–use a portion of this quotation, in a bit of a twist, as their own raison d’etre. Read More...
Supreme Court rules on what is a breach of the "bright line rule."
Monday, October 07, 2013 - Filed in: Courts
In Canadian National Railway Co. v. McKercher LLP, McKercher LLP was acting for CN on several matters when, without CN’s consent or knowledge, it accepted a retainer to act for the plaintiff in a $1.75 billion class action against CN. CN first learned that McKercher was acting against it in the class action when it was served with the statement of claim. McKercher hastily terminated all retainers with CN, except for one which CN terminated. CN applied to strike McKercher as the solicitor of record in the class action due to an alleged conflict of interest. The motion judge granted the application and disqualified McKercher. The Court of Appeal overturned the motion judge’s order. The S.C.C. allowed the appeal & remitted back to the Court of Queen’s Bench for redetermination of a remedy. Read More...
Want to Feel Like a Man? Then Act Like One.
Wednesday, September 25, 2013 - Filed in: General Interest
The following article appeared in the Art of Manliness web site. It is lengthy, but a thought provoking read.
Here’s the bottom line: If you don’t feel like a man, you simply need to start behaving like the man you want to become and eventually you’ll start feeling like you’re that man. Act as if. Fake it until you make it. Your brain will eventually align your attitude/belief about yourself with your new behaviour. Read More...
Here’s the bottom line: If you don’t feel like a man, you simply need to start behaving like the man you want to become and eventually you’ll start feeling like you’re that man. Act as if. Fake it until you make it. Your brain will eventually align your attitude/belief about yourself with your new behaviour. Read More...
Koskie presents seminar on Wills and Estates.
Wednesday, September 25, 2013 - Filed in: Personal
Supreme Court rules alcohol & drug testing OK only if dangerous workplace/in collective agreement.
Sunday, September 15, 2013 - Filed in: Courts | Arbitration
In Communications, Energy and Paperworkers Union of Canada, Local 30 v. Irving Pulp & Paper, Limited, the Union brought a grievance challenging the mandatory random alcohol testing aspect of a policy on alcohol and drug use that the employer, Irving, unilaterally implemented at a paper mill. Under the policy, 10% of employees in safety sensitive positions were to be randomly selected for unannounced breathalyser testing over the course of a year. A positive test for alcohol attracted significant disciplinary action, including dismissal. The arbitration board allowed the grievance. Weighing the employer’s interest in random alcohol testing as a workplace safety measure against the harm to the privacy interests of the employees, a majority of the board concluded that the random testing policy was unjustified because of the absence of evidence of an existing problem with alcohol use in the workplace. On judicial review, the board’s award was set aside as unreasonable. The New Brunswick Court of Appeal dismissed the appeal. The S.C.C. allowed the appeal. Read More...
Supreme Court Rules on Municipal Expropriation Case
Thursday, September 05, 2013 - Filed in: Courts
in Antrim Truck Centre Ltd. v. Ontario (Transportation), the Supreme Court of Canada ruled that reasonableness of interference is determined by balancing competing interests. Read More...
Canada has passed Anti-Spam Act
Thursday, August 15, 2013 - Filed in: General Interest
The Act casts a very broad net. Though passed by the Federal Parliament, it is not yet in force. The following is a blend of two articles that appeared in the Edmonton Journal. They give a good review of not only the legislation, but how we can prepare for the new rules. Read More...
Fast Time and the Aging Mind
Saturday, July 27, 2013 - Filed in: General Interest
Richard A. Friedman, a professor of clinical psychiatry and the director of the psycho-pharmacology clinic at the Weill Cornell Medical College, wrote the following opinion for the Sunday Review of the New York Times. He provides some good advice if you want time to slow down. Read More...
Don’t Should All Over Yourself
Monday, July 22, 2013 - Filed in: General Interest
The following article appeared in the Art of Manliness web site. It is lengthy, but a good read.
Do you ever get the feeling you’re living a life you never wanted? That you’re just doing what other people think you should do? Maybe you’re stuck in a job you hate because you thought it was something you should do. You’re not really sure who told you that you should pursue that career, but you were certain you had to do it because it was well-respected and well-paid. Perhaps you’re in college working on a business degree. You really wanted to become a barber and own your own shop, but you thought you should go to college instead because everyone says college is essential. Or maybe you’ve accepted a request to work as a volunteer leader at a church or a civic organization. You knew your schedule was already packed with work and family, but you felt like you should accept. Now you’re burnt out and falling behind with the responsibilities of your job and your volunteer position, not to mention neglecting your family. If you’ve ever felt like this, then you know exactly what it means to should all over yourself. It’s not fun and it sure ain’t pretty. Read More...
Do you ever get the feeling you’re living a life you never wanted? That you’re just doing what other people think you should do? Maybe you’re stuck in a job you hate because you thought it was something you should do. You’re not really sure who told you that you should pursue that career, but you were certain you had to do it because it was well-respected and well-paid. Perhaps you’re in college working on a business degree. You really wanted to become a barber and own your own shop, but you thought you should go to college instead because everyone says college is essential. Or maybe you’ve accepted a request to work as a volunteer leader at a church or a civic organization. You knew your schedule was already packed with work and family, but you felt like you should accept. Now you’re burnt out and falling behind with the responsibilities of your job and your volunteer position, not to mention neglecting your family. If you’ve ever felt like this, then you know exactly what it means to should all over yourself. It’s not fun and it sure ain’t pretty. Read More...
Dealing with Antagonists
Tuesday, July 16, 2013 - Filed in: General Interest
The following essay was written by Hamilton Priday and appears on his web site. It is a lengthy read, but one that is thought provoking. It encouraged me to read his book, Seizing the Essence. I found it a tough read, but discovered it conveyed an interesting perspective. Better yet, it introduced me to Rushworth M. Kidder’s book, How Good People Make Tough Choices. This is an easy read and well worth the investment in time. Read More...
What's the worst that could happen?
Thursday, July 04, 2013 - Filed in: General Interest
Intelligent Life magazine asked several of its contributors to answer this question. In its September/October 2012 issue, it published the following answer from Ann Wroe. She suggests the fretful mind calls down horror on itself. Read More...
Child Care
Friday, June 28, 2013 - Filed in: Courts | Human Rights
In A.G. of Canada v. Johnston et al, the Federal Court of Canada ruled employers must accommodate staff’s child-care requests. Read More...
Duress
Wednesday, June 05, 2013 - Filed in: Courts
In R. v. Ryan, the Supreme Court of Canada held that if you know coercion or threats are a possibility, the defence of duress is not available. Read More...
Koskie presents seminar on Wills and Estates.
Friday, May 24, 2013 - Filed in: Personal
Uttering Threats
Monday, May 20, 2013 - Filed in: Courts
In R. v. O’Brien, the Supreme Court of Canada ruled one can be convicted of uttering threats if the Crown proves the accused intended a threat. Read More...
Restrictions on SK Farm Land Ownership
Tuesday, May 07, 2013 - Filed in: General Interest
Saskatchewan is seeing an unprecedented increase in the demand for land due to a number of factors, including strong commodity prices, low interest rates and a positive outlook for agriculture. The increase in demand is not only coming from local farmers, but from investors from across Canada and beyond. It is important to be aware of certain restrictions related to farm land ownership. Read More...
Court Rules on Adequacy of Tribunal Decisions
Tuesday, April 16, 2013 - Filed in: Courts | Arbitration
In Construction Labour Relations v. Driver Iron Inc., the Supreme Court of Canada has ruled that administrative tribunals do not have to consider and comment upon every issue raised by the parties in their reasons. Read More...
Court Defines Care & Control for Impaired Driving Cases
Thursday, March 21, 2013 - Filed in: Courts
The Supreme Court of Canada has ruled that “risk of danger” is an element of care and control. Read More...
How to Quit a Job (Without Burning Bridges)
Tuesday, February 26, 2013 - Filed in: General Interest | Human Resources
I have drawn the following article by Brett and Kate McKay from Money and Career on the Art of Manliness web site. Though their comments on legal matters such as notice periods will not be accurate from jurisdiction to jurisdiction, on the whole, it gives very good advice. Read More...
Narcissists do not love themselves, they love other people’s impressions of them.
Thursday, February 21, 2013 - Filed in: General Interest
I have drawn the following article from the Unity Publishing web site. I am not familiar with the site, having only visited it to read this article. It is one of the best pieces I have read on the subject. I believe it is helpful in understanding the narcissist. The author concludes his article by saying: “If you are involved with a Narcissist, run away because if you do not constantly feed his or her ego, he will attack you in any way he can. Truth does not matter to a Narcissist, only revenge for you not feeding his ego. After many years of dealing with these people in a very honest and charitable way, I have concluded that this one type of person cannot be cured. The best cure is for everyone to just stop feeding him false adoration, and he will starve to death.” It is certainly food for thought. Read More...
Day of Affirmation Speech - Robert F. Kennedy
Thursday, January 24, 2013 - Filed in: General Interest
It is amazing how this speech given by Senator Robert F. Kennedy of New York on June 6, 1966, at the University of Cape Town (South Africa) is still apropos. Read More...
Burns’ Address To A Haggis
Thursday, January 24, 2013 - Filed in: General Interest
January 25th marks the annual celebration of Scotland's national poet, Robert Burns. Read More...
Amendments to the Canada Labour Code have now become law.
Thursday, January 24, 2013 - Filed in: General Interest
The changes to the Canada Labour Code include creating a date by which an employer would be required to pay vacation pay; altering the method by which holiday pay is calculated; creating a date by which complaints relating to Part III of the Code would have to be made; setting out the circumstances under which an investigator could suspend or reject complaints made under Part III of the Code; limiting the recovery of wages or monies owing to a 12-month period and the recovery of vacation pay owing to a 24-month period; and creating a system of review for payment orders and notices of unfounded complaints. Read More...