Contract Law in Canada
A contract is a legally binding agreement between two or more persons for a particular purpose.
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A contract is a legally binding agreement between two or more persons for a particular purpose.
Jody Wilson-Raybould (“Puglaas” or “woman born of noble people” or “woman with integrity” in Kwak’wala), politician, lawyer (born 23 March 1971 in Vancouver, BC). Jody Wilson-Raybould is the independent MP for Vancouver Granville. She was federal minister of justice, attorney general and minister of veterans affairs in the government of Liberal Prime Minister Justin Trudeau. Prior to her career in federal politics, she was a BC crown prosecutor, regional chief of the Assembly of First Nations, and member of the BC Treaty Commission. As Canada’s first Indigenous justice minister, Wilson-Raybould introduced groundbreaking legislation, including Bill C-14 on medically assisted dying, C-16 on gender identity and human rights, and C-45, The Cannabis Act. She has helped to build bridges between First Nations communities and the Canadian government and is committed to helping Indigenous peoples seek self-government and gain equality in education, health care and legal rights.
The Delgamuukw case (1997) (also known as Delgamuukw v. British Columbia) concerned the definition, the content and the extent of Aboriginal title (i.e., ownership of traditional lands). The Supreme Court of Canada observed that Aboriginal title constituted an ancestral right protected by section 35(1) of the Constitution Act, 1982. Influenced by the Calder case (1973), the ruling in the Delgamuukw case had an impact on other court cases about Aboriginal rights and title, including in the Tsilhqot’in case (2014).
The duty to consult is a statutory, contractual and common law obligation that must be fulfilled by the Crown prior to taking actions or making decisions that may have consequences for the rights of Indigenous peoples in Canada. The duty to consult has been affirmed and clarified by various Supreme Court of Canada rulings, such the Haida case (2004) and the Beckman v. Little Salmon/Carmacks case (2010). The duty to consult is considered by many to be an important step toward reconciliation with Indigenous peoples.
The crimes of Paul Bernardo and his wife Karla Homolka were among the most horrifying and controversial in Canadian history.
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In September 1869, berry pickers in Saint John, New Brunswick, discovered the remains of an adult and a child hidden in some bushes. The bodies were soon identified as belonging to Sarah Margaret “Maggie” Vail and her infant daughter, Ella May. Later that month, architect John A. Munroe was charged with the murder of Vail, with whom he had an affair. Although his lawyer argued that Munroe was incapable of murder given his education and social standing — an early example of the “character” defence — he was convicted in December 1869. Munroe eventually confessed to the murders and was executed in February 1870.
Scrip is any document used in place of legal tender, for example a certificate or voucher, where the bearer is entitled to certain rights. In 1870, the Canadian government devised a system of scrip — referred to as Métis (or “half-breed”) scrip — that issued documents redeemable for land or money. Scrip was given to Métis people living in the West in exchange for their land rights. The scrip process was legally complex and disorganized; this made it difficult for Métis people to acquire land, yet simultaneously created room for fraud. In March 2013, the Supreme Court of Canada ruled that the federal government failed to provide the Métis with the land grant they were promised in the Manitoba Act of 1870. Negotiations between various levels of government and the Métis Nation concerning the reclamation of land rights continue.
The World Sikh Organization (WSO) of Canada is a non-profit organization. As an advocate for human rights in Canada, Punjab and around the world, WSO Canada has been involved in several significant court cases. This has helped develop Canadian human rights laws and customs.
British Columbia introduced Canada’s toughest regulations on vaping products. Under the new rules, the sale of flavoured vaping products will be limited to age-restrictive stores, some flavours will be banned, plain packaging and limits on advertising will be required, and the sales tax on such products will increase from seven per cent to 20 per cent as of 1 January 2020. A study published in the British Medical Journal in June 2019 found that vaping increased 74 per cent among youth in Canada between 2017 and 2018.
On 9 February 2018, Gerald Stanley, a white farmer from rural Saskatchewan, was acquitted of murder and manslaughter in the killing of a 22-year-old Cree man, Colten Boushie. The acquittal caused great controversy but was not appealed by prosecutors. However, it led the Justin Trudeau government to abolish the peremptory challenges that allowed Stanley to keep five Indigenous people off the all-white jury that acquitted him.
On 14 April 2016, the Supreme Court of Canada ruled in Daniels v. Canada that the federal government, rather than provincial governments, holds the legal responsibility to legislate on issues related to Métis and Non-Status Indians. In a unanimous decision, the court found that Métis and Non-Status peoples are considered Indians under section 91(24) of the Constitution Act, 1867 — a section that concerns the federal government’s exclusive legislative powers. Recognition as Indians under this section of law is not the same as Indian Status, which is defined by the Indian Act. Therefore, the Daniels decision does not grant Indian Status to Métis or Non-Status peoples. However, the ruling could result in new discussions, negotiations and possible litigation with the federal government over land claims and access to education, health programs and other government services.
Genocide is the intentional destruction of a particular group through killing, serious physical or mental harm, preventing births and/or forcibly transferring children to another group. The Canadian government has formally recognized five instances of genocide abroad: the Armenian genocide, the Holodomor, the Holocaust, the Rwandan genocide and the ethnic cleansing in Bosnia. Within Canada, some historians, legal scholars and activists have claimed that the historical, intergenerational and present treatment of Indigenous peoples are acts of genocide.
In 1985, Parliament responded to the appeals of Indigenous peoples by changing discriminatory sections of the Indian Act. Known as Bill C-31, this amendment reinstated Indian Status to women who had lost it through marriage to men without status. Among other changes, the bill also enabled all first-generation children of these marriages and individuals who had been enfranchised to regain their legal status. More than 114,000 people gained or regained their Indian status as a result of Bill C-31. (See also Women and the Indian Act.)
The Elizabeth Fry Society is a not-for-profit social service agency that provides support for women and girls involved in the Canadian justice system. The Society provides a range of services to women who are criminalized and to women who are at risk of being criminalized. It works to reduce the impact of criminalization, to provide equal opportunities for women in the justice system and to empower marginalized women.
The Indian Act is the principal law through which the federal government administers Indian status, local First Nations governments and the management of reserve land and communal monies. The Indian Act does not include Métis or Inuit peoples. The Act came into power on 12 April 1876. It consolidated a number of earlier colonial laws that sought to control and assimilate Indigenous peoples into Euro-Canadian culture. The Indian Act has been amended many times over the years to do away with restrictive and oppressive laws. However, the Act has had historic and ongoing impacts on First Nations cultures, economies, politics and communities. It has also caused inter-generational trauma, particularly with regards to residential schools.
Maisie Hurley, née Maisie Amy Campbell-Johnston, Vancouver-area political activist, Indigenous ally (see Indigenous Peoples in Canada), newspaper founder and art collector (born 27 November 1887 in Swansea, Wales; died 3 October 1964 in North Vancouver, British Columbia). Although Hurley had no formal legal training or law degree (see Legal Education), she worked on several legal cases and advocated for Indigenous peoples’ basic human rights as well as for changes to the Indian Act. In 1946, Hurley started a newspaper called The Native Voice that aimed to bring attention to important issues concerning Indigenous communities across Canada (see Rights of Indigenous Peoples in Canada). In 2011, Hurley’s collection of Indigenous art was displayed at the North Vancouver Museum.
Cannabis, also known as marijuana (among countless other names), is a psychoactive intoxicant that was banned in Canada from 1923 until medical cannabis became legal in 2001. The consumption and sale of recreational cannabis was legalized and regulated on 17 October 2018, after Parliament passed Bill C-45, the Cannabis Act. Legalization was supported by a majority of Canadians, despite concerns about the drug’s addictiveness and health effects, especially among young people.
The Marshall Inquiry was a Royal Commission called by the Government of Nova Scotia. It investigated the 1971 wrongful murder conviction of Mi’kmaq man Donald Marshall Jr. of Nova Scotia. This was the first inquiry of its kind in Canada. The commission released its report on 26 January 1990. It made recommendations that changed the criminal justice system in Nova Scotia, particularly in its treatment of Indigenous peoples.
The Indian Act has affected Indigenous cultures, systems of governance, societies and ways of life since its enactment in 1867. Gender discrimination in the Act further disadvantaged First Nations women, in particular. Until 1985, women with Indian status who married someone without status lost their status rights. Men, on the other hand, did not lose Indian status in the same way. Even after Bill C-31 reinstated the status rights of many women in 1985, the Act still discriminated against women by privileging male lines of descent. Amendments in 2011 and 2017 sought to fix these issues. In 2019, the federal government brought into force the remaining part of Bill S-3, which is meant to address lingering sex-based inequities in the Indian Act. (See also Indigenous Women’s Issues.)
R. v. Powley was a legal case concerning Métis hunting rights in Canada. In 1993, the province of Ontario charged Steve and Roddy Powley with illegal hunting. The Powleys disputed their conviction, arguing that the Aboriginal rights enshrined in section 35 of the Constitution Act, 1982 protected their hunting rights as Métis people. The case concluded in 2003, when the Supreme Court of Canada ruled that the Powleys were, in fact, exercising lawful Métis hunting rights. The Powley case established criteria on who can legally qualify for Métis rights. It outlined 10 specific criteria, known as the Powley Test, which applies to Métis communities across Canada. The case also clarified that the Métis are a distinct people, separate from First Nations and Inuit peoples in Canada. Some legal experts believe the Powley case might lead to expanded Métis rights, including harvesting and fishing rights and possibly self-government.