Both partners in lesbian couple
would be eligible for benefits
Twins
Continued From Page 2
“there would be two benefits.
This is where you test the
boundaries of section 15.”
University of British Colum-
bia family law professor Fiona
Kelly also said both partners in
a lesbian couple who gave birth
would be eligible for benefits. “I
believe it’s because they both
gave birth to a child,” she said. “I
think in the other case, it’s
because it’s the man who’s seek-
ing benefits. It’s a conundrum.”
Moreau said the outcome he
is hoping for from the Federal
Court of Appeal is to see anyone
with multiple births receiving a
second benefit and the offending
sections of the Act struck down.
“Parliament needs to con-
sider this problem,” he said.
“When you look at the incidence
of depression and suicide when
you have multiple births…there’s
not a lot of choice. You need a
second caregiver.”
However, Moreau said, the
courts have signalled a retrench-
ment when it comes to s. 15
arguments.
We want to hear from you!
Email us at: tlw@lexisnexis.ca
Vancouver rioters come across as
‘legends in their own tiny minds’
Rogues
Continued From Page 5
law, even if skewed or ruthlessly
bourgeois, is preferable to the
survival of the most ruthless in
a society of rogues.
Or so the Vancouver rioters
are learning. With John Sayles’s
celebrated story “At the Anarch-
ists’ Convention” (Sayles being
a very good literary writer as
well as a filmmaker), we reach
rogue literature at its most
ironic, beginning with the very
idea that anarchists would hold
a convention. The group’s
extreme views have always kept
them from being heroic, despite
their vociferous support of the
working classes (Jack Layton,
nota bene). Now, in old age,
they can barely manage to be a
rabble, and then only to bicker
with hotel staff who, having
double-booked the dining
room, insist they take a smaller
one so the hotel can accommo-
date the Rotary Club.
Writer-lawyer-translator
Jeffrey Miller’s latest books are
the comic novel Murder on the
Rebound and The Structures of
Law and Literature.
We want to hear from you!
Email us at: tlw@lexisnexis.ca
Not in public interest to terminate prosecution
Plea
Continued From Page 3
is an evidentiary record capable
of supporting the claim.
However, she also ruled that
evidence that the Crown reneged
on a plea agreement meets the
evidentiary threshold for the
court to embark on a review of
the decision for abuse of process.
While the ultimate and “strin-
gent” burden remains on the
applicant to prove an abuse of
process, the evidentiary burden
shifts to the Crown to enlighten
the court on the circumstances
and reason behind its decision to
resile from the agreement.
We want to hear from you!
Email us at: tlw@lexisnexis.ca
The Practitioner’s Criminal Precedents,
3rd Edition
Alan D. Gold
New Edition!
$145 + tax
Approx. 1,000 Pages
July 2011 | Softcover + CD-ROM
ISBN: 9780433468110
Why Draft from Scratch?
The Practitioner’s Criminal Precedents, 3rd Edition equips you
with 300+ precedents. They range from the routine to the highly
specialized, covering every type of precedent you will ever need.
More than a Helping Hand
The Practitioner’s Criminal Precedents, 3rd Edition gives you a head
start in handling your criminal and quasi-criminal cases, whether you
practise criminal law exclusively or as part of a general practice:
• Chronological sequence — easily locate documents for each
stage of a proceeding, including all steps in between: judicial
interim release, preliminary hearing, trials, sentencing, and leave
to appeal and appeals
• Helpful commentary at the start of each chapter — fully
understand the function of documents used throughout a
proceeding
• CD-ROM of documents — customize forms and documents for
your own use
• Cross-references to Gold’s Criminal Code — simplify further
research on a particular point of law
• Cross-references to equivalent sections of criminal
proceedings rules — facilitate adaptation of precedents to rules
of different jurisdictions
Order Today! Take advantage of the 30-Day Risk-Free† Examination.
Visit www.lexisnexis.ca/bookstore or call 1-800-668-6481
Please quote Reservation Code 3306 when ordering.
† Pre-payment required for first-time purchasers.
Price and other details are subject to change without notice. We pay shipping and handling if payment
accompanies order.
LexisNexis and the Knowledge Burst logo are registered trademarks of Reed Elsevier Properties Inc., used under
licence. Butterworths is a registered trademark of Reed Elsevier (U.K.) Limited and its affiliated companies. Other
products or services may be trademarks or registered trademarks of their respective companies. © 2011 LexisNexis
Canada Inc. All rights reserved.
Subscribe to
www.lawyersweekly.ca/subscribe
