Intro to Regulatory Offences

Regulatory offences: Some offences utilize the machinery of criminal law, but are not truly considered to be criminal offences. These offences deal with everyday civil matters such as traffic infractions, pollution, hunting regulations, and so forth. Besides the supremely important fault requirement (discussed below), there are a number of ways to identify a “regulatory offence” from a “true crime”:

1. true crimes are usually more socially and morally condemned than regulatory offences.
2. regulatory offences are usually aimed at deterring harm to the public, rather than the individual.
3. regulatory offences are often part of a complex regulatory framework.
4. regulatory offences are not in the Criminal Code (R. v Wholesale Travel, 1993).

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Keeping an Injury Diary

If you’ve ever been injured in an accident such as a motor vehicle, then you may be seeking compensation for damages. Damages to your car is one thing, but to your body is quite another. Soft tissue damage is unseen (another blog post) and can be a prolonged injury.

Some believe keeping an injury diary is a good way to keep track of the increasing severity of their injury overtime. This may sound like a good idea at the outset, but it turns out to work against the injured. Here’s why. Continue reading

A history: two main approaches to international law: positivism and naturalism

Historically, there are two main approaches to international law:

– Natural law, which can be thought of as the idea that power of law does not come from voice of authority. In contrast positivisim says the authority is what makes the law the law. Natural law says there is a higher reason why the law is the law (e.g morality, universal principles, religious, etc.). Under natural law, horrific immoral laws would not be valid even if they came from a legitimate authority.

The application of these approaches goes back 2000 years. Natural law finds its origins in ancient Rome and Cicero the philosopher. Thomas Aquinas examined source of law’s legitimacy. According to him natural law is God’s natural law.

A more modern definition is that natural law is universally applicable rules derived from reason. A doctrine that human affairs should be governed by ethical principles that can be understood by reason.

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The difference between a treaty and declaration.

A treaty has signed participants who pass legislation pursuant to it. A declaration is just the UN declaring something. You can determine which one equates to quicker application.

There is a Doctrine of state continuity which means if a state signs a treaty, even if there is a major change of government, the state is still bound by its prior treaty obligations.

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Pain Free Today – Painful Tomorrow

If you sign papers because you feel just fine today, what happens if your health deteriorates tomorrow? I know of some people who’ve been in car accidents, and 10 years later their body starts to break down. What recourse do they have?

The Minor Injury Regulations (“MIR”) provide a framework to determine what injures are ‘minor’ by the courts and therefore have damages ‘capped’ at a certain value. Continue reading

Protect Yourself Hire and Attorney when Injured

When you’re involved in a car accident, or really any incident where you’ve been injured, it’s important to protect yourself.

You may find yourself faced off against another’s insurance company. You may also think that your insurance company is on your side. That’s partially not true. The insurance companies see you as profit–as a number. That means they may not always be looking out for your best interests 100% of the time. That’s why it’s prudent to hire an attorney who has the responsibility of thinking about you over the bottom line of the insurance companies. Continue reading