canada legal aid

Stalking or Criminal Harassment in Canada:

Under Section 264 of the Canadian Criminal Code, STALKING or ‘CRIMINAL HARASSMENT’ happens when someone (the offender):

(a) repeatedly follows the victim or anyone known to the victim from place to place.

(b) repeatedly communicates with the victim or anyone known to the victim, either directly or indirectly.

(c) besets or watches the dwelling-house, or place where the victim, or anyone known to victim, resides, works, carries on business or happens to be; or

(d) engages in threatening conduct directed at the victim or any member of the victim’s family.

• Criminal Harassment or Stalking in Canada is a hybrid offence, which may be punishable upon summary conviction or as an indictable offence the latter of which may carry a prison term of up to ten years.
• Under the Criminal Code, the victime can also get a restraining order or a peace bond against the stalker.

To establish guilt, a prosecutor must establish the existence of two elements to the crime of stalking.

1. The first element in Canada is that the defendant has engaged in any one of the four forms of harmful conduct listed in subsection ( a,b,c,d above) and,
2. establish that the victim reasonably, in all the circumstances, fear for their safety or the safety of anyone known to them.

When a Youth Commits a Crime in Canada:

People are considered as “YOUTH” if they are between 12 and 17 years old.

When a youth commits a crime:

• The police may charge the youth of the crime, or ;

• The police may decide that there are other ways to hold the youth accountable for the offence. This is called an ‘extrajudicial measure’.

• The offending youth has the right to ask for a lawyer.

Youth Court Appearance:

• The offending youth must attend court if he is required to. Failure to do so could mean another offense ( Failure to appear).

• A parent, guardian, or a responsible adult ( if parent or guardian are not available) should attend court with the offending youth.

• The youth has the right to plead guilty or to choose a trial.

• The youth can change a ‘not guilty’ plea at any time before the court makes a decision.

• A youth court record is a serious matter.

Youth Justice Court Considerations when Sentencing a Youth:

• How involved they are in the offence

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How to Legally Change your Name in Canada:

In general, your name change application:

• Should not cause any confusion.

• Should not cause embarassment for you or for another person.

• Should not be for misleading or fraudulent purposes.

• Is done in the province where the applicant resides, pursuant to The Name Act.

Also, the new name should be in Roman alphabet characters.

Provincial Requirements for Name Change applicants:

British Columbia :

• must be at least 19 years old.

• must have resided in British Columbia for at least 3 months prior to the date of application.

• will be required to have their fingerprints taken at their local police office or RCMP detachment.

• must give notice of the intention to change their name. The intention must be published in an issue of the Gazette, and in an issue of a newspaper circulating in her place of residency. ( An exemption from publication could be done for certain applicants.)

• the surname can contain no more than two names hyphenated or combined, and the changed name must consist of at least one given name and a surname.

FEE: Initial application cost is $137.00. There is a rush charge of $60.00. Each supplementary individual included in the application is an additional $27.00. Record searches are $27.00 for each three year period searched.

Alberta:

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Medical Malpractice in Canada

• Medical professionals are required to meet a reasonable standard of care when dealing with clients or patients.
• standard of care includes the appropriate treatment for a given condition. It is how an average, reasonable practitioner would manage the patient’s circumstance.
• when they fail to meet the standard of care, they would be considered negligent.
• Free medical services have the same standard of care as the paid medical services.

How to Pursue a Legal Action Against a Medical Professional

• Prove that they failed to provide the standard of care that other reasonable medical professionals in their field would provide.
• Prove that the negligence cause you harm or injury.
• There is a limited amount of time in which to file your lawsuit ( limitation period). If you don’t pursue it within that time, you would not be able to sue them anymore. The limitation period varies in every province.
• You may get a lawyer that charges on a contingency basis. This means, they get a percentage of your settlement or award, instead of you paying them in advance.
• A medical malpractice case typically takes years to litigate. A lot of the times, the case gets settled before the trial.
• Your case could also be brought to the medical professional’s association. This step does not usually give you compensation. The associations are mostly concerned with disciplining the medical professional involved.
• If you win a Medical malpractice lawsuit, you may get compensated for your general expenses, medical expenses, special accomodation, travelling and equipment expenses, pain and suffering, and loss of earnings.

Want More information? Check  Procedure on Pursuing a Civil Lawsuit .  

There had been two major sources of confusion for this matter. The first being Ontario Superior Court Justice Steven Rogin upholding the lower court ruling of Justice Philips, concerning a case of marijuana possession in 2003. Justice Rogin upheld Justice Philips’ ruling that the entire law was void because the federal government has failed to change the law to allow for the medical use of marijuana. The second cause of confusion is the Liberal government’s Marijuana Reform Bill in 2004 that seeked to amend the Controlled Drugs and Substances Act. This bill was intended to introduce a more lenient penalty for possession of small amounts of marijuana and for possession to not be considered a criminal offence. This bill was not passed.

In the end, Canada’s Supreme Court endorsed the enforcement of criminal penalties for marijuana possession but said that the Parliament could still decriminalize marijuana use.

Penalty for Marijuana Offences in Canada:

Marijuana Possession

Maximum Penalty (Summary)

1st offence – 6 mos. / $1,000

subsequent offences – 1 year / $2,000

Maximum Penalty (Indictable) – 5 years less a day

Marijuana trafficking (up to 3 kg.)

Maximum Penalty ( Indictable) – 5 years less a day

Marijuana Trafficking (3 kg. or more), Marijuana Importing or Exporting

Maximum Penalty (Indictable) – life imprisonment

Marijuana Cultivation

Maximum Penalty (Indictable) – 7 years

With the help of America’s most prominent critic of U.S. News and World Report ranking of American Law schools – Brian Leiter, Maclean’s OnCampus has come up with its second Annual Ranking of Canadian Law schools (2009). Their goal is to objectively assess each school against recognized measures of faculty quality and graduate employment quality.

The ranking is equally determined by faculty quality and graduate quality.

They measured Canadian Law School  graduate quality using the following criteria; (1) Elite Firm Hiring-20%, (2) National Reach-10%, (3) Supreme Court Clerkships, and (4) Faculty Hiring-10% . Fifty percent of Faculty Quality is Measured by Faculty Journal Citations.

Here’s the List:

Common Law Rankings in Canada- Overall

* Indicates a tie.

Cellphone use while driving has been the cause of many motor vehicle accidents in Canada. This prompted Canadian provinces to implement laws that ban the use of cellphones while driving.

In Canada, the Yukon, Northwest Territories, Nunavut, New Brunswick and Alberta have NO BAN on the use of cellphones while driving. However, Strathcona County in Alberta has a county-wide ban on cellphone use while driving.

List of Canadian Provinces that Ban Cellphone Use while Driving:

( use includes : texting, dialing, talking, emailing, web surfing)

1. Newfoundland and Labrador – since 2003. Fine of $400 and 4 demerit points when caught

2. Nova Scotia – since 2008. Penalties are $50 for the first offence, $100 for the second and $200 for the third and subsequent offences.

3. Quebec – since 2008. A fine of $115 and 3 demerit points when caught. Hands- free devices are allowed.

4. Saskatchewan – beginning January 1, 2010. A fine of $280 and 4 demerit points when caught.

5. Ontario – Since October 2009.Grace period until February 1, 2010. A fine of up to $ 500 when caught. Hands – free devices are allowed.

6. British Columbia – beginning January 2010. Tickets won’t be issued until February 1, 2010. A fine of $167 dollars and 3 demerit points when caught. Hands free devices are allowed

7. Prince Edward Island – a Partial Ban on novice drivers using cellphones while driving.

8. Manitoba – Law in place. Enforcement will take effect in the fall (2010). Proposed fine of $191 when caught.

*** Calling 911 during emergency and the use of cellphones while the vehicle is legally parked is allowed.

• You must be a Citizen or a Permanent Resident of Canada.

• You must be at least18 years old.

• You must NOT have a criminal record.

• Adoption may be done through the public system or privately.

• Private Adoption has a shorter waiting period. ( around 1-3 years).

• Public Adoption or adoption through Government Agencies are more strictly controlled.

Steps in Adopting a Child from another Country:

1. Consult with the Adoption Authorities in your province about your eligibility. They will conduct a Home Study to assess you.

2. Complete the adoption process in the child’s country of origin.

3. Apply to sponsor your adopted child through Citizenship and Immigration Canada. Apply through the Family Class category.

4. When the child gets to Canada, he or she automatically becomes a Permanent Resident.

5. Apply for them to become a Canadian Citizen.

6. It is best to consult an immigration attorney.

Steps in Adopting a Canadian Child:

1. Research on the Current Adoption Laws in your Province.

2. Check with Government or Private Adoption Agencies.

3. Attend an information session.

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- In Canada, your work is automatically copyrighted when you make it. Your copyright is applicable to all the countries that subscribe to international copyright treaties.

- You may register your work with the Canadian Intellectual Property Office. This saves you a step when you need to challenge someone for copyright infringement. Registering a copyright takes approximately two months.

- Your entire copyrighted work or part of it can be can be licensed or sold.

Copyright Infringement

- Happens when one uses someone else’s copyrighted work without permission. (eg. reproducing, selling, performing, displaying etc.)

- You have three years, from when the act of copyright infringement took place, to take legal action.

- If you would like to use someone else’s copyrighted work and could not find the owner, you may ask permission from the Copyright Board.

Fair Dealing

- Copyrighted materials can be used for research, private study, criticism, review and news reporting.

- A copyrighted work may be performed by a school, church, and charitable organization.

Trademark

- a distinct logo, presentation, symbol, word, or a combination of them, that is used to identify a particular business or product. Trademarks are granted to the first user of the mark.

Types of Trademark:

1. Ordinary Marks

distinctive logos, symbols or words that are used to identify a product of a business or a business.

2. Certification Marks

are marks that certify that a product or service meet a defined standard.

3. Distinguishing Guise

the design of the product or packaging of the product that distinguishes it from others.

Patent

- A right for the exclusive manufacture, use and sale of an invented product or process. The Canadian government grants patent to the owner for a period of 20 years. Inventions may include processes, products, compositions, machines and methods.

Criteria for Getting a Patent:

1. Novelty

the invention should be new.

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