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Follow us on TwitterLauren Blumas, our articling student, has an article in the current issue of the Canadian Journal of Poverty Law. Read her article here (pdf).
Buried Alive: The Human Rights Implications of Compulsive Hoarding in the Landlord-Tenant Context
January 27th, 2014 by Iler CampbellJustice Quinn upholds costs protection for public interest litigants in municipal campaign financing case
January 23rd, 2014 by Laura BowmanIn Lancaster v. Compliance Audit Committee et al., 2013 ONSC 7631 (CanLII) Justice Quinn discussed in detail the principles that should apply to an award of costs against a public interest litigant. In that case an appeal was brought regarding an audit committee decision not to investigate a campaign finance issue under the Municipal Elections Act.
The elector, Lancaster, made an audit complaint relating to the campaign finances of various individuals and when the audit committee under the Act ended the audit proceedings, appealed to the Ontario Court of Justice under s.81(6) of the Municipal Elections Act. The Ontario Court of Justice dismissed the appeal. The elector then appealed to the Superior Court of Justice, who dismissed the appeal again.
Supreme Court ruling stirs national debate on sex work
January 6th, 2014 by Priya SarinOn December 20, 2013, the Supreme Court of Canada released a landmark decision on Canada’s prostitution laws (Canada (Attorney General) v. Bedford). This decision represents a huge victory for Canada’s sex workers by recognizing that the existing legal framework increases the risk of harm to the lives and safety of individuals working in the industry. The decision has, however, quickly become controversial with anti-prostitution advocates vigorously arguing that the Court has effectively endorsed the exploitation of women. This criticism is misdirected because the Bedford decision is not about whether prostitution should be legal in Canada — prostitution has always been legal here. If you don’t like it, complain to Parliament.
The Responsible Housing Provider — Trespass Authorization: A Possible Tool for Housing Providers
December 6th, 2013 by Lauren BlumasHousing providers which have had difficulty controlling bad behaviour of non-occupants on their property (ie. loitering or criminal activity) may want to consider signing a Trespass to Property Authorization form with their local Police Services Division. The form provides authorization to police to remove or arrest anyone that does not live and is improperly on the premises. Essentially, the form enables police to act as an agent for housing providers in enforcing the Trespass to Property Act. Once signed, officers may include the housing provider’s property on their patrol route, moving along non-occupant trespassers on their own initiative.
The particular rules governing the authorization vary from division to division however they are always revocable. This means the authorization can be in place for a short period of time where an increased police presence is necessary.
For many housing providers, this type of police authorization will not be desirable in addressing anti-social behaviour. On the other hand, particularly for those providers struggling to curb criminal activity on the premises, the authorization may be a helpful tool alongside eviction procedures against occupants enabling or engaging in the bad behaviour. In either case increased police presence may be perceived as intrusive by the occupants and the interests of the community at large must be carefully weighed prior to signing the authorization.
If you are interested in obtaining a form, make the request to your local police services division.
Moving away from the transport of dangerous goods toward safer, low-carbon solutions
December 4th, 2013 by Paula BoutisThe Lac‑Mégantic derailment in Quebec last July involved the transportation of 72 tank cars of crude oil. This derailment caused the confirmed deaths of 42 people, with five more missing and presumed dead. Approximately half the downtown core was destroyed. It is one of the most significant train disasters in Canadian history.
This event and other train derailments that have since followed have proponents of pipelines using these occasions to expound the view that pipelines are the safest way to move fossil fuels. As the argument goes, we should be allowing new pipelines and the hold‑up of their approvals will only force the transportation of dangerous goods onto a more dangerous form of transportation, rail.
On Tuesday, the Auditor General’s 2013 Fall Report looked in part at rail safety. But it did not specifically look at the Lac‑Mégantic accident or any other rail accidents. For that, we must go back to a December 2011 report by the Commissioner of the Environment and Sustainable Development.
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