Questions tagged [canada]

For questions specific to Canada as a whole, or that span multiple provincial and territorial jurisdictions.

Filter by
Sorted by
Tagged with
0 votes
0 answers
47 views

Casual Agreements to Privacy and Civil Lawsuits

So, let’s say that a husband and wife do something like this: a husband offers the wife an agreement (via a casual text message) that neither party will disclose the details of what they did in their ...
LegalNonExpert's user avatar
1 vote
1 answer
62 views

Section 184 of the Canadian Criminal Code and Foreign Actors

This is inspired by recent events, but I will not be naming names. My understanding of section 184 is that people in Canada are allowed to intercept communications by any means provided that they ...
LegalNonExpert's user avatar
1 vote
0 answers
144 views

How to deal with identity in a new country established using short name?

What would be the simplest or cheapest way to fix/avoid an issue caused by an immigrant who established their identity documents using their short name (eg. Tim) instead of the name on their birth ...
Speed's user avatar
  • 19
-2 votes
1 answer
179 views

In Canada, would becoming a republic require indigenous consent?

I hear some people claiming this is correct. I genuinely have not even the slightest understanding of how someone could reach that conclusion. Treaties do not require any of the parties to maintain ...
R-Obsessive's user avatar
  • 1,155
3 votes
2 answers
460 views

Can treaties between the Crown and Indigenous peoples have force absent an act of Parliament?

Can treaties between the Crown and Indigenous peoples have force absent an act of Parliament?
Jen's user avatar
  • 51.3k
2 votes
0 answers
180 views

Is it legal to bet on other people without their consent?

Is it legal for people of legal gambling age to bet on other people without them consenting to be bet on. For example, can they bet on what grade a certain individual will get on an exam, or on what ...
Big Nepo Baby's user avatar
16 votes
4 answers
6k views

How can I make a fan game entirely legally?

I would like to make a video game based on IP I do not own. I understand that there are many legal issues with this and it seems that most of the answers online are either “you can never do it” or “...
Todd Mullen's user avatar
-1 votes
1 answer
181 views

Why is SIN so insecure? [closed]

I leaked my SIN to a landlord not knowing any better, and now I'm worried that my life can become difficult an any moment, without any reliable means of protection. So, my question is, why is SIN made ...
RandomPasserby's user avatar
-1 votes
1 answer
86 views

Is a witness signature necessary in a cash for keys agreement?

I settled on an agreement with my landlord to vacate my property after a specific date for a certain amount of compensation. We formed an agreement with clear language about the conditions of my stay ...
fleashard's user avatar
2 votes
2 answers
195 views

Can a Canadian citizen be denied entry to Canada?

I know that an American citizen cannot be denied entry to the United States. What about Canada? Under what circumstances can the Canadian Border Services Agency refuse entry to a Canadian citizen?
Purple P's user avatar
  • 292
-1 votes
1 answer
125 views

Is finger wagging considered offensive in a Canadian court?

It seems readily apparent to me that finger wagging is a bullying tactic used to establish social dominance by infantilizing the audience and elevating the perpetrator to a perceived position of ...
Affe's user avatar
  • 119
1 vote
1 answer
110 views

Is a false assumption question defamation?

In Canada, if a person is in the habit of embedding false allegations inside questions, e.g., the classic: "Have you stopped beating your wife?" is there a point where this becomes ...
Affe's user avatar
  • 119
1 vote
0 answers
41 views

In Canada, is it possible to discontinue an civil action against only one of the defendants?

In a Civil matter where multiple defendants are involved, is it possible to discontinue the case against only one of the defendants, after the pleadings are closed ? if it is possible, then is a ...
VilleLipponen's user avatar
5 votes
3 answers
2k views

How does the law deal with translating inherently ambiguous writing systems?

During a trial, sometimes the prosecutor must present written materials (emails, text messages, files) obtained from the defendant as evidence in order to prove something. Sometimes this evidence can ...
dvx2718's user avatar
  • 221
1 vote
1 answer
236 views

Under Canadian law, how is the usage of “Steamboat Willie” (or specifically, Mickey Mouse) restricted in Canada?

“Steamboat Willie” came under public domain recently in the US. And as far as I understand, it went under public domain a few years ago in Canada. Based off of the research I’ve done, a Canada user ...
LegalNonExpert's user avatar
-1 votes
1 answer
89 views

Would a web site displaying incorrect ratings be considered to be a form of False Advertising

I'm curious to know if a "gig" website (ie Uber, Airbnb, Rover, Skip, ...) displays the wrong star rating for a profile (intentional or not) could it be considered to be a form of false ...
Tolure's user avatar
  • 101
-4 votes
2 answers
102 views

What is “sexual touching”?

Canadian case law and perhaps other jurisdictions’ make a big deal of “sexual touching” as a repeated term. How is this defined?
TylerDurden's user avatar
4 votes
1 answer
148 views

What are some examples of reasonable steps that may be taken to ascertain sexual assault complainants’ consent?

In Canada and perhaps other jurisdictions, an available defence for sexual assault accusations is that the defendant can show that they had taken reasonable steps to ascertain the complainants state ...
TylerDurden's user avatar
2 votes
2 answers
1k views

Liability for damage to work equipment while used at home with employer permission

Please consider the following hypothetical situation: An employee in Prince Edwards Island, Canada borrows a mini-excavator from his/her employer with permission from his employer. While the employee ...
Sean's user avatar
  • 21
2 votes
0 answers
241 views

United States residents can't preach in Canada?

I have recently been told by someone with a background working in American border patrol that if an American tells a Canadian border patrol agent they're crossing to worship, things will be fine; but ...
The Editor's user avatar
  • 1,285
1 vote
1 answer
84 views

Questionable arrangement with a dentist

I saw an ad on a classifieds site that was something like 'Free AirPods if you let me clean your teeth!' Turns out its a dentist who does your yearly checkup, bills your insurance say $450, and then ...
Kovy Jacob's user avatar
1 vote
2 answers
126 views

Is a worker either an employee or independent contractor? Or could they be something else?

Is it possible for a paid worker to neither be an employee nor a contractor? Is there some other category or classification, or must the worker be one or the other? In general people talk about ...
StumpTheCheff2's user avatar
2 votes
2 answers
207 views

If a former witness was found guilty of a crime or deemed otherwise unreliable, does it retroactively discredit their former cases?

Let's say, for example, a person previously testified in a criminal case that they saw someone murder someone else. Based largely on this testimony, a jury convicts the defendant. Later on, the ...
AlanSTACK's user avatar
  • 1,910
3 votes
1 answer
1k views

Does the English or the American rule prevail in Canada?

In English rule jurisdictions, the general principle is that loser of a case pays the costs on an indemnity basis. In American rule ones, the norm is that each side bears their own costs. Which ...
TylerDurden's user avatar
0 votes
1 answer
67 views

When is an organization its own legal entity?

(This is bit of a follow up to Legally speaking who is the employer, is it whoever is paying the employee, telling them what to do, who owns the assets they use etc?) When is an organization ...
StumpTheCheff2's user avatar
1 vote
2 answers
145 views

Legally speaking who is the employer, is it whoever is paying the employee, telling them what to do, who owns the assets they use etc?

I had worked as an employee for an organization. I had signed standard paperwork before starting, including an employment agreement that had their name on it. I latter found out that the organization ...
StumpTheCheff2's user avatar
6 votes
1 answer
1k views

International Turkey Hunt

Juan (the perpetually unlucky jeweler from some of my previous questions on this site) decides to go turkey hunting in far-north Minnesota, near the border with Canada. Assume that it is legal to hunt ...
In Hoc Signo's user avatar
  • 1,197
10 votes
1 answer
2k views

In Canada, at what point can not pressing charges fail to prevent prosecution?

If one person commits a crime with another person as the victim, I can imagine certain scenarios where the crime goes unreported and therefore the perpetrator avoids prosecution. However, I can also ...
Michael Stachowsky's user avatar
4 votes
1 answer
82 views

Does the word "proceeds" in corporate promises to charity have a specific meaning?

It's common to see companies say that "all proceeds" from selling something, or from admission, will go to charity. What's not clear to me is whether that's all the revenue, or all of the ...
Kate Gregory's user avatar
2 votes
2 answers
215 views

Does the Canadian government translate court cases from English to French and vice versa?

I am currently reading through various tax judgments when a specific case caught my attention. Racine; Demers et Nolin v. Ministre du Revenu National, 1965 CanLII 1108 (CA CÉC), 2 RC de l'É 338 ...
AlanSTACK's user avatar
  • 1,910
3 votes
1 answer
99 views

Can a document with a confidentially clause be submitted to a court even if it wasn't subpoenaed?

If two parties make a contract that contains a confidentiality clause, if one party breaches it can the other still enforce the contract in court? For example a dispute arises between Party A and ...
CoriolisForceFighter's user avatar
3 votes
0 answers
734 views

Is it illegal to buy prescription eyeglasses online in Canada?

(This is not the same question as this one, which is regarding U.S. law.) I recently visited my optometrist, and was informed that I will either need progressive/bifocals, or else two different ...
GentlePurpleRain's user avatar
0 votes
1 answer
183 views

Is it against the law (Federal, Provincial or Civil), in Regina, Saskatchewan, to NOT allow customers to use a toilet in a major grocery store?

Yesterday, while doing my (quite large) grocery shopping, I “felt the need” to use the bathroom. I went to where the bathroom was, and the sign was gone, and the door was locked! I asked a worker if ...
Kathy Adams's user avatar
2 votes
1 answer
99 views

Is information personal if it can only identify a person in concert with other information?

We are a Canadian company outside Quebec with a minority of customers in that province. We are trying to tighten up our compliance with Quebec's Law 25 on Privacy. The law says: Personal information ...
Jordan Rieger's user avatar
1 vote
1 answer
62 views

The Immigration and Refugee Protection Act

The first part of the Immigration and Refugee Protection Act lists conditions where a foreign national is inadmissible on health grounds and the second part lists the exceptions. Exception (2) (a) ...
Maurice's user avatar
  • 391
1 vote
1 answer
105 views

Can a person agree not to disclose how their employment ended?

Can an employer fire an employee without cause and tell them that the reason for his departure from the company is strictly confidential? What if it's part of a settlement agreement? For example if ...
copypasteme's user avatar
-1 votes
1 answer
111 views

Lost Package from Sketchy Retailer- can I be held responsible to find this package?

I ordered nearly 40 books from an online retailer for around $50, which should have been my first clue that something was amiss. The confirmation email came from a non descript email address that did ...
Kpage's user avatar
  • 1
0 votes
1 answer
67 views

Can a government lawyer's duty of loyalty be ended in Canada?

I assume the following: A lawyer employed by the Government of Canada (GC) has an attorney-client relationship with GC. The "attorney" is the lawyer, the "client" is "...
Jaredo Mills's user avatar
1 vote
2 answers
179 views

What is the statutory basis for the existence of "judicial advisory committees" in Canada?

The Office of the Commissioner for Federal Judicial Affairs states, on its website, that one of its responsibilities is related to the appointment of federal judges: managing the Judicial ...
Jaredo Mills's user avatar
1 vote
1 answer
175 views

What Act of Parliament established the Office of the Commissioner for Federal Judicial Affairs in Canada?

The website of the Office of the Commissioner for Federal Judicial Affairs Canada states that the office was established in 1978, but gives no reference to the statutory provision that establishes it. ...
Jaredo Mills's user avatar
0 votes
0 answers
99 views

Intra-Provincial Waterway Laws

My question is related to boats in an intra- provincial waterway. Waterways are federal, but Ottawa, Ontario and Gatineau Quebec share the river system. As a commercial vessel what laws would regulate ...
Palapa Tours's user avatar
0 votes
0 answers
43 views

Is it allowed to work for two government agencies in Canada?

this is very unusual but I am asking anyway, I know it is not illegal to have two employers (or more) in Canada, the question is about the two employers both being part of the federal government. A ...
metaUser's user avatar
13 votes
1 answer
6k views

Was the recent ruling against Jordan Peterson an infringement of his free speech?

From what I've gathered, Dr. Jordan B. Peterson was taken to court by the College of Psychologists of Ontario on complaints of professional misconduct. This was based on him making public statements (...
user110391's user avatar
0 votes
0 answers
40 views

Is this IP ownership provision too vaguge?

Is this Intellectual Property provision that is found in an employment agreement too general? To my understanding things like "formulas" or "know-how" aren't protected by IP law. (...
Fred-T-800's user avatar
1 vote
2 answers
132 views

Do confidentiality agreements implicitly allow to discuss confidential information with coworkers?

How enforceable is the following confidentiality provision in an employment agreement: All project and data information and related technological matters are confidential information and shall remain ...
Fred-T-800's user avatar
1 vote
1 answer
267 views

Can an American who travels to Canada record calls of other Americans without their consent?

Canada is a 1-party consent country: at least one person in the conversation has to give consent (which can be the person doing the recording). California is an all-party consent state: everyone in ...
cine's user avatar
  • 143
2 votes
1 answer
76 views

Does Bill 44 automatically repeal Single Family residency strata bylaw restrictions in BC

https://www.bclaws.gov.bc.ca/civix/document/id/bills/billsprevious/3rd42nd:gov44-3 Bill 44 was passed in Nov 2022 in BC to disallow Stratas from imposing rental restrictions. I am reading the ...
systemdebt's user avatar
1 vote
1 answer
86 views

What are the consequences of "band" membership under Canada's Indian Act?

Canada's Indian Act, R.S.C. 1985, c. I-5 recognizes "bands," "members of a band," and "Band Lists." A band may control its own membership according to membership rules it ...
Jen's user avatar
  • 51.3k
0 votes
1 answer
129 views

Strata bylaw about secondary suite in Lower mainland area [closed]

The townhome is in Port Coquitlam, BC, Canada and the strata by-law states Secondary suites within Strata Lots are prohibited. Should any Owner of a Strata Lot be found to have constructed a ...
systemdebt's user avatar
5 votes
1 answer
231 views

Legal challenges against age-restricted housing

It’s fairly common when looking for real estate to see “adults only,” “seniors only,” or “55+” restrictions for strata/condominium properties. I would expect this to be a cut and dried case of ...
miken32's user avatar
  • 151

1
2 3 4 5
16