The Law on Relocation of Children after Marital Breakdown

One of the most difficult issues in family law is deciding when to permit the "primary caregiver" parent to move with the children to a place far away from the other parent. Lawyers who work in the area tend to agree that outcomes are highly unpredictable. Ordinarily, only a small percentage of divorcing parents go […]

A Logical Flaw in the Supreme Court of Canada’s Analysis of Positive Entitlements to Expressive Freedom

I In Baier v Alberta, 2007 SCC 31 [Baier], Justice Rothstein of the Supreme Court of Canada articulated a test for whether an underinclusive statutory platform of expression infringes section 2(b) of the Canadian Charter of Rights and Freedoms, and thus whether a claimant has a positive entitlement to access that platform. He adopted the test from […]