By LegalMatters Staff • When the Court of King’s Bench of Alberta heard the case of Smit v. Alberta Director of SafeRoads in July, the judge recommended changes to a portion of the SafeRoads Alberta Regulation. The case involved a woman who was appealing a Notice of Administrative Penalty (NAP) issued against her in 2021 […]
SafeRoads Alberta legislation deemed as being ‘unfair’ Read More »
By LegalMatters Staff • Charges were recently stayed against a member of the Canadian military who was accused of sexually assaulting a female corporal. The court ruled that the man’s right to a timely trial had been violated, as set out in the Jordan decision. That 2016 Supreme Court of Canada (SCC) ruling states that
The right to a timely trial reinforced by court ruling Read More »
By LegalMatters Staff • The lack of timely trials in Alberta was recently addressed by Canada’s top judge. “In Alberta, 22 per cent of criminal cases exceeded the 30-month delay set out in the [Jordan Decision] and 91 per cent of those cases involve serious and violent crimes,” Chief Justice Richard Wagner said in June,
Clogged court system in Alberta lamented by Chief Justice Read More »
By LegalMatters Staff • Children caught up in a divorce may feel confused and helpless. As the Canadian Paediatric Society states, “children experience feelings of loss when one parent leaves the family.” In high-conflict divorces, they may feel relief that the tension between their parents has subsided. But even with amicable divorces, parental separation may
Make your children your first priority during a divorce Read More »
By LegalMatters Staff • Canadians who are unsure about their rights when it comes to self-defence can look to s.34 of the Criminal Code. It states you are allowed to take action to defend yourself if force is being used against you or another person and your response is “reasonable in the circumstances.” “Those last
Canadians have a right to engage in self-defence, within reason Read More »
By LegalMatters Staff • All Alberta police officers on patrol will soon be equipped with body-worn cameras (BWCs) in an effort to keep them accountable and provide video evidence of interactions with the accused during the arrest. The Calgary Police Service has mandated their use since 2019. In addition, police vehicles are equipped with dashboard and
Police body cameras are a step toward accountability Read More »
By LegalMatters Staff • The best way to determine parentage is through DNA testing. As the Alberta Court of Appeal has noted, “DNA testing is a method of proof of parentage inextricably linked to the declaration of parentage. It is, in fact, the best evidence which operates in aid of the primary purpose … which
Paternity tests could trigger child support obligations Read More »
By LegalMatters Staff • Violent crime has reached its highest point since 2007 according to media reports, but do the numbers tell the full story? Ottawa criminal lawyer Celine Dostaler urges caution, noting there are multiple factors that must be considered. “One of the prime reasons for a surge in crime is the end of
Media reports on surging crime rates don’t tell the full story Read More »
By LegalMatters Staff • Employee theft is difficult to detect since it can take many forms. Those include stealing items without paying for them; pocketing cash, gift cards, coupons or promotional items; taking and returning items for cash refunds; or inaccurately recording financial statements. “Unlike shoplifting, where the accused is caught and charged while leaving
Theft by employees: a crime that is challenging to detect and on the rise Read More »
By LegalMatters Staff • People granted overnight parenting time after a separation or divorce want to make the most of their time with their children. That starts with careful planning, says Edmonton family lawyer Peter Ewanchuk. “Before the children arrive, think about sleeping arrangements,” he says. “Separate bedrooms are ideal but younger siblings can share
Careful planning leads to successful overnight parenting time Read More »
