Source: flickr/JamesInOregon By Myrna El Fakhry Tuttle Reposted from LawNow with permission The legal system in Canada treats young offenders differently than adults ..read more

Source: flickr/Me By Myrna El Fakhry Tuttle Reposted from LawNow with permission How can we balance an employer’s right to know about illness or disability and an employee’s right to privacy? Editor’s Note: A version of this important article first appeared in LawNow in 2019. It has been reviewed for legal accuracy in 2024 by the author ..read more

Source: flickr/Alex Guibord By Danielle Bazinet Case Commented on: R v Tayo Tompouba, 2024 SCC 16 ..read more

Source: flickr/kaysgeog By Myrna El Fakhry Tuttle Reposted from LawNow with permission Protests encampments on Canadian university campuses have been dealt with variously ..read more

By Myrna El Fakhry Tuttle Protest encampments on Canadian university campuses have been dealt with variously. Some universities have allowed the encampment to stay on campus while negotiating with the student protesters. Some have issued trespass notices and have ordered the encampment to be removed, with the help of the police, within hours of its set up. Yet other universities have filed for an injunction – that was denied by the court — to dismantle the encampment. The Right to Protest The right to protest is constitutionally protected by the Canadian Charter of Rights and Freedoms (the Cha ..read more

By Myrna El Fakhry Tuttle Reposted from LawNow with permission Canada’s Medical Assistance in Dying (MAID) laws were set to change in March 2024 to include mental disorders. But the federal government has once again delayed implementation until at least March 2027. Medical Assistance in Dying (MAID) was legalized in Canada in 2016 and became available to eligible adults with terminal illnesses. In 2021, An Act to amend the Criminal Code (medical assistance in dying) expanded MAID to include people whose natural death was not considered reasonably foreseeable. The 2021 changes came in response ..read more

By Myrna El Fakhry Tuttle Case Commented On:  Canadian Frontline Nurses v  Canada (Attorney General), 2024 FC 42 (CanLII).  On January 23, 2024, Justice Richard Mosley of the Federal Court ruled that the government was unreasonable and not justified when it invoked the Emergencies Act (the Act) on February 14, 2022, in order to deal with protests in various parts of the country. This ruling came almost a year after the Commissioner of the Emergencies Act inquiry, Justice Paul Rouleau, found that the government met the threshold for invoking the Emergencies Act. Background On Feb ..read more

By Myrna El Fakhry Tuttle Reposted from LawNow 47(5) with permission Canada’s Air Passenger Protection Regulations protect passengers traveling to, from or within Canada, including by setting out compensation rules for when flights are delayed or cancelled. When something goes wrong with our flight, we get very annoyed. Nowadays, there are a lot of complaints about airlines delaying and cancelling flights and their refusal to or delay in paying compensation, as well as staff shortages. Air Passenger Protection Regulations Since December 2019, the Air Passenger Protection Regulations  ..read more

By Hani Lee Out-of-control wildfires are making headlines across Canada. Wildfires are natural phenomena that occur every year, but the destruction started earlier in the season this year and with greater force. The size and intensity of these fires have dramatically increased in recent years due to climate change, causing alarming disruptions to ecosystems and communities alike. Indigenous peoples, due to their close connection with land, bear a disproportionate share of the burden, including increased risks to health from wildfire smoke and pollution, displacement from their traditional terr ..read more

By Myrna El Fakhry Tuttle The right to a healthy environment is making headway thanks to case law against governments arguing the public trust doctrine and with changes under Bill S-5 to the Canadian Environmental Protection Act.  Today, climate change is one of the biggest challenges facing us globally. Climate change affects countries, including Canada, where temperatures are rising above the global average. Climate change can be addressed through litigation, which has been used to challenge governments’ actions in this field. Particularly, we see young people expressing their ..read more