Legal Crossroads
A blog about the crossroads where law and society meet, published by Nelligan O'Brien Payne LLP. We provide you with timely and insightful commentary on socio-legal issues around the world from a Canadian perspective.
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Canadian Citizenship: Harder to Get, Easier to Lose?

by Paul Taylor-Sussex on October 14, 2015

Canadian Citizenship: Harder to Get, Easier to Lose?

The arrival of potential new citizens to Canada - whether as migrants or refugees - has been a talking point in the media of late, and a key issue in the Federal Election. Our previous post looked at the immensity of the global refugee crisis, but there have also been significant developments in Canadian law for people who are already in the country and looking to establish themselves as citizens. In May this year, Bill C-24 came into effect. Called the Strengthening Canadian Citizenship Act, it is a controversial overhaul of the Citizenship Act, the first changes in over thirty years.

Read more on Canadian Citizenship: Harder to Get, Easier to Lose?

This content is not intended to provide legal advice or opinion as neither can be given without reference to specific events and situations. © 2016 Nelligan O’Brien Payne LLP.

Redefining Medical Marijuana

by Paul Taylor-Sussex on July 30, 2015

Redefining Medical Marijuana

The decriminalization of marijuana for medical use in Canada began fifteen years ago, yet the debate and controversy continue. Our previous post explored the labyrinthine twists and turns that led to the introduction of the Marihuana for Medical Purposes Regulations (MMPR) in 2014, which authorized certain people to use and possess marijuana for therapeutic purposes. However, the regulations only refer to “dried marihuana”, which is defined as “harvested marihuana that has been subjected to any drying process”. A recent Supreme Court of Canada decision concluded that restricting access just to dried marijuana was inconsistent with the Charter of Rights and Freedoms, and requested that the government authorize medical marijuana patients to legally consume the drug in other forms, such as cannabis oil and fresh marijuana buds and leaves.

Read more on Redefining Medical Marijuana

This content is not intended to provide legal advice or opinion as neither can be given without reference to specific events and situations. © 2016 Nelligan O’Brien Payne LLP.

Non-Disclosure and Wrongful Convictions - the case of Ivan Henry

by Paul Taylor-Sussex on July 17, 2015

Non-Disclosure and Wrongful Convictions - the case of Ivan Henry

One of the most serious cases in recent years of someone being wrongfully convicted is that of Ivan Henry, who served almost 27 years for 10 sexual crimes that he did not commit. He was finally acquitted in 2010, after the British Columbia Court of Appeal overturned the convictions. Mr. Henry afterwards sought damages against the prosecutors for the suffering he experienced from his wrongful convictions and his time spent in jail. In Henry v. British Columbia (Attorney General) from May this year, the Supreme Court of Canada granted Mr. Henry leave to proceed with a suit against the Attorney General of British Columbia (AGBC) for damages. This post explores this decision and its reception.

Read more on Non-Disclosure and Wrongful Convictions - the case of Ivan Henry

This content is not intended to provide legal advice or opinion as neither can be given without reference to specific events and situations. © 2016 Nelligan O’Brien Payne LLP.

Seeking Sanctuary: The Global Refugee Crisis

by Paul Taylor-Sussex on July 2, 2015

Seeking Sanctuary: The Global Refugee Crisis

The United Nations Refugee Agency’s most recent Global Trends report, released on World Refugee Day two weeks ago, highlights the immensity of the refugee crisis. It is estimated that there are currently 59.5 million forcibly displaced people, more than at any time since the Second World War. Half of these are children. This post will examine how Canada and the rest of the world are dealing with this massive human tide seeking asylum.

Read more on Seeking Sanctuary: The Global Refugee Crisis

This content is not intended to provide legal advice or opinion as neither can be given without reference to specific events and situations. © 2016 Nelligan O’Brien Payne LLP.

Military misconduct and the need for cultural change

by Paul Taylor-Sussex on June 17, 2015

Military misconduct and the need for cultural change

The male-to-female ratio in the Canadian Armed Forces (CAF) has always been one of disparity, and coupled with a rigid hierarchy it’s not surprising that some females have experienced harassment and even assault at the hands of their fellow soldiers. However, the reality of the scale of misconduct, as well as how poorly complaints are handled by the military justice system, has only recently come to light. Last April, former Supreme Court of Canada justice Marie Deschamps released a report entitled the “External Review into Sexual Misconduct and Sexual Harassment in the Canadian Armed Forces”, which exposed how serious the problem is. This post will examine the findings in the report and its reception.

Read more on Military misconduct and the need for cultural change

This content is not intended to provide legal advice or opinion as neither can be given without reference to specific events and situations. © 2016 Nelligan O’Brien Payne LLP.