Division of Powers.
Impacts how health system is structured. Recent decision in QB CA summarizes federal and provincial responsibilities regarding health care. At issue is whether assisted human reproduction should be federally or provincially regulated. The federal government has traditionally placed this matter under the criminal law head of power. If defeated, they may try to classify it under POGG power. However, that would be a difficult argument as POGG is not used very often, and it would be difficult to argue that this is a matter of national concern.
Federal heads of power: criminal law. POGG, spending power (i.e. collection and distribution of taxes), quarantine and border control, patent, defence, penitentiaries, immigration. As we can see, the federal role is indirect, supervisory.
Provincial heads of power: hospitals (92.7); medical profession and the practice of medicine (92.13 – property and civil rights; 92.16 – matters of a local and private nature); education (s93) – includes professional regulation.
At issue here, reproduction is held to be under provincial regulation. Human reproduction is not an ‘evil’, hence cannot be regulated by federal criminal law power. On the other hand, true prohibitions, such as stem cell research can rightly be under the federal criminal head of power.
Canada Health Act. Central piece of federal legislation for health care. Canada Health Act does not prohibit anything explicitly, but rather relies on conditional funding. If programs meet criteria then they are funded. If programs do not meet the criteria then they are not funded. The act lists five program criteria and conditions that provinces must follow in order to receieve their federal transfer payments: public administration, comprehensiveness, universality, portability, and accessibility. There are two additional conditions which must be met: first, feds are entitled to specific information ; and second, the province must “give recognition” to the federal government in all health documents.
Continue reading Legal Framework of Health Care System in Canada
An oral security agreement is valid. But that agreement is only enforceable as between the parties. If you want to have priority rights against third parties then there has to be a security agreement in writing.
“Enforceability” against third parties:
A security interest is enforceable against a third party only where… a description of the collateral by item or kind or by reference to one or more of the following: “crops”, “goods”, “chattel paper”, etc. etc.”
“by kind” – i.e. a generic description of the item. So you can refer to the item as “a car” rather than “a black on black 2008 BMW M3 with six speed manual transmission” or whatever. That being said, while this generic description may satisfy s10, in real life it may not be specific enough for the world of evidence or contracts if things ever went to litigation.
Continue reading More Info and Details on the Development of Security Agreements
The idea of modernizing finance law has spread around the world. Secured financing is a way to stimulate economic growth and modernize an economy. In theory, capital is not used to develop the community because of the lack of legal infrastructure by which banks can lend capital and can hold an expectation to get it back. Many developing countries adopt systems patterned on the Canadian system.
In Canadian law, the core of the system is the security interest. What is a security interest? A secured interest is Propriety interest in the debtors property. This allows assertion of the nemo dat principle. The secured creditor defeats anyone who thereafter who takes an interest in the property.
Continue reading Secured Financing Intro
The basic premise of bankruptcy means the bankrupt is unable to pay all his debts. In order to repay his creditors he therefore surrenders his property to his creditors, however, the Trustee in Bankruptcy (TIB) will administer. The TIB divides the bankrupt’s assets amongst his creditors, he is then excused from repaying his debts (discharge).
Continue reading Bankruptcy Intro for Canada
From the misdemeanour to the felony, once individuals complete their time many turn their life around. The process to get back on track can be a long one, but during that time you’ll want to be mindful of some future issues to be ready for. If you have or had a criminal record there are certain life situations that may be impacted.
The Job Interview
Continue reading 3 Reasons to Take Care of Your Criminal Record
In true Bush style, the legacy left behind from Jeb Bush’s tenure as governor was the 2005 “Stand Your Ground” law which essentially says a citizen doesn’t have to retreat before using deadly force against an attacker. This issue comes to the forefront after a white (Hispanic?) block watch captain shot and killed a black teenager from the same community.
Police in the central Florida town of Sanford have said that 28-year-old George Zimmerman says he shot 17-year-old Trayvon Martin in self-defense during a confrontation in a gated community. Police have described Zimmerman as white; his family says he is Hispanic and not racist.
This is precisely what happens when lobbyists wield too much influence. Pro Republican and gun toting Floridians championed the changes. In that span justifiable homicides have gone way up (many with heartbreaking stories). Continue reading Shoot First, Ask Questions Later – Bush Style
Or even once. One of the huge downfalls of the privatized healthcare system in the USA is how a litigious society impacts healthcare. Doctors themselves, and nurses, have to take out insurance policies to protect themselves from impending lawsuits (that in the course of a career can happen multiple times due to legitimate reasons like gross negligence to frivolous lawsuits). THe former of course will face more lawsuits in his or her career.
Rising legal costs and the cost of insurance push up healthcare costs, then those rising costs are passed on to the patient or the state (thus the patient thru taxes).
Is there anyway to reduce the number of lawsuits if you’re a doctor? Turns out there is.
Continue reading Poor and Nice – Doctors Who’re Never Sued Twice
US News Law school rankings are out: http://grad-schools.usnews.rankingsandreviews.com/best-graduate-schools/top-law-schools
Grad schools always jockey for position in the ranking scheme, after all, prestigious spots covet the best teachers and students, and then the cycle continues. But what else do the rankings induce? Continue reading Law School Rankings Ruffle Feathers
I should just publish now….OK, here are a few additional tips.
First off the best way to at least get acquainted with the right attorney is to operate on recommendation. Continue reading How to Select the Right Lawyer for the Job
There’s an old saying that attorneys are a, “dime a dozen”. With the advent of social media the tools to select the right attorney for the right job, and compare all at the same time, is at your fingertips.
That means the following concern should happen less in our digital age.
My attorney for 2 years has done nothing that I understand. I drive 80 miles one way for a meeting and we discuss options/strategies then I leave (after she charges 400.00) and she does not follow thru. Continue reading Dime a Dozen for Attorneys – Do Your Research