Portuguese court finds that the test, in itself, is unable to determine, beyond a reasonable doubt, that a person is infected
Every day, the news tells us about new COVID-19 positive test results. But are they reliable? Kary Mullis, the late inventor of the diagnostic test for SARS-CoV-2, the virus behind COVID-19, explained how his test could be misused. So did a Portuguese court that ruled a positive test is an insufficient basis to isolate or…
No one has a moral obligation to obey COVID-19 lockdown orders. Therefore civilly disobeying them is justified
Lockdown orders are not justified. There is, consequently, no moral obligation to obey them. Let me explain. In the wake of SARS and H1N1, Public Health Canada drafted the Pandemic Influenza Preparedness guideline (CPIP). Although we failed to meaningfully operationalize this guideline it nevertheless maintains that, “when considering restrictive measures, it is important to balance…
Non-Indigenous fishers in Atlantic region need not be worried that Indigenous rights will come at the expense of conservation
A dispute in Ontario may help us understand ongoing tensions over the lobster fisheries on the East Coast and offer a solution. The war over Indigenous fishing rights has played out before in Canada. As we reflect on recent violence in Nova Scotia over the lobster fisheries, it’s important to know if there are any…
Governments have more resources and delays can drag on for years. Indigenous peoples pay heavily for the delays in resolving their claims
At any given time, the government of Canada is dealing with hundreds of legal matters with Indigenous Canadians. This is inevitable given the complexity of Indigenous rights, the history of Canadian policy and patterns of government ‘lawlessness’ that left the country liable for the administrative misdeeds of the past 150-plus years. The number, diversity and…
Cancel culture slaughters reputations, leaving its victims to endure financial uncertainty, isolation, bewilderment and pain
The riot that produced the U.S. Senate impeachment trial of Donald Trump has its analogue in the cancel culture rampaging through North American institutions. Neither cancels the other, of course. Both are horrid, each in its especially hideous way. The Jan. 6 attack on America’s federal Capitol destroyed institutional property, mobbed and halted the democratic…
Students in the University of Alberta’s Faculty of Law who are invested in combatting racism and promoting inclusivity will have more opportunities to put their passion into practice thanks to a new Scotiabank scholarship program. The Scotiabank Program for Law Students launched nationwide recently with the goal of increasing the number of future lawyers who are tackling…
Federal Child Support Guidelines biased against men and need to be overhauled
If Christopher Sarlo is right, Canada’s Federal Child Support Guidelines are wrong. The economics professor at Nipissing University in North Bay, Ont., made an in-depth analysis of the guidelines and found them wanting. A 100-page examination leads him to one conclusion: the guidelines are biased against men and deserve an overhaul. Fights over money are…
Each episode explores basic elements of criminal law in ways children can easily grasp
With a charming sidekick and a fun format, University of Alberta Faculty of Law professor Peter Sankoff has created a new podcast to simplify concepts of criminal law for Canadians aged 10 to 100. Translating Criminal Law: Rated G debuted Jan. 11, co-hosted by Sankoff, a professor of criminal law with a part-time appellate practice, and his daughter Penny, a…
By Thomas York Research Associate Frontier Centre for Public Policy In light of the mainstream media coverage of riots and protests in the U.S. in recent months and the questionable claim by some in the media that the riots were “mostly peaceful protests,” the distinction between violent and peaceful protest is worthy of examination. In…
Corporations have created a structure that’s unsustainable on political, economic, environmental and even spiritual levels
In recent decades across the globe, the super rich have been getting richer while the middle class shrinks. This is a danger not only to our economy but to democracy itself. Unfortunately, while millions of people have lost their livelihoods during the COVID-19 pandemic, the richest of the super rich have seen their assets balloon.…