The Employment Equity Act designates four groups that have benefit of employment equity:

- Women;

- People with disabilities;

- Aboriginal people;

- Visible minorities;

In case of visible minorities and using the definition of the Canadian government, it covers: Blacks, Chinese, Filipinos, Japanese, Koreans, Latin Americans, Pacific Islanders, South Asians, and West Asians/Arabs. As for aboriginal people, this category covers Status Indians, Non-status Indians, Métis (people of mixed French-Aboriginal ancestry in western Canada), and Inuit (the Aboriginal people of the Arctic). Both of these categories use the controversial term “non-white” for defining the minorities. It is used in employment equity questionnaires distributed to applicants and employees. While it was intended to be a shorthand phrase it ended up as very confusing term, since people from some groups (like Arabs or Latin Americans) may consider themselves to be white which leads to mistakes in questionnaires. The Act is a federal legislation and so it covers only the industries that are federally regulated under the Canadian constitution.   These are banks, broadcasters, telecommunication companies, railroads, airlines, maritime transportation companies, other transportation companies if inter-provincial in nature, uranium-related organizations, federal crown corporations (companies where the federal government owns the majority of shares), and corporations controlled by two or more provincial governments. Unfortunately a big percentage of employers like all retailers and manufacturing companies, fall outside its jurisdiction.

The Federal Contractors’ Program (FCP), it is not a part of the Employment Equity Act, but it helps to extends employment equity to organizations beyond the scope of the Act. It states that suppliers of goods and services to the federal government (with some specified exceptions) must have an employment equity program in place.

While the act was definitely created with good intentions it is widely considered controversial. The opponents of employment equity argue that it violates the equality in general. But the critics argue that such actions are necessary to amend historic wrongs and to minimize economic differences between groups.

For more information on Canadian lawyers, Employment Labour Lawyers or lawyers in yoru area, you can visit http://www.lawyerahead.ca

130. Every person is guilty of the offence of driving carelessly who drives a vehicle or street car on a highway without due care and attention or without reasonable consideration for other persons using the highway and on conviction is liable to a fine of not less than $200 and not more than $1,000 or to imprisonment for a term of not more than six months, or to both, and in addition his or her licence or permit may be suspended for a period of not more than two years. R.S.O. 1990, c. H.8, s. 130.

For Careless Driving, there are 2 types of ticket you can receive - one with or without fine.  The ticket with fine usually results in you having to pay a fine as along with loss of demerit points.  The penalty, i.e the fine and the demerit point loss depends on the situation at the time you were pulled over and the local jurisdiction in which you were pulled over.  When you receive this type of ticket you can either plead guilty and pay the fine, or plead not guilty and take the case to trial.  If you do decide to take the case to trial, please ensure you have an experienced lawyer handling your matter.  Visit Lawyerahead.ca for the most comprehensive canadian lawyer profile available on the Internet.  Your other option is to plead guilty with an explanation, but this will only lower your fine (if the prosecutor agrees with it).  You may still remain unsuccessful in removing the demerit points and the violation in your driver record.

A ticket without a fine is a court order for which you are summoned to court.  In this case, if you lose the case, the penalties will be much worse: up to $1,000 fine, license suspension and even jail time.  As for demerit points Careless Driving is one of the most serious violations.  6 demerit points are awarded for careless driving and that means only 2 tickets of this moving violation type and your license will be suspended.  It is important to note here that the ticket for careless driving will also influence your insurance rates.  In other words, it is important to keep a clean driving record to avoid high insurance rates and in some cases loss of job opportunities.  Many moving violation tickets can be dismissed with the right lawyer.

Getting caught while careless driving can also lead to other types of offenses.  There are 4 general types: Borderline personality disorder; the influence of alcohol while driving (classified as drunk driving); the influence of drugs while driving (classified as driving under the influence); encouragement of the driver to behave in such a manner by other passengers (also called peer pressure).  So basically one serious traffic violation can easily turn into a serious criminal offense, and in that case the 1,000 dollar fine is nothing compared to the consequences of a serious criminal offense.

The history of the GST began in 1989, when the Progressive Conservative government of Prime Minister Brian Mulroney proposed to create a national sales tax of 9%. At that time, all the provinces in Canada except for Alberta had its own provincial sales tax.

The main purpose of the GST was to replace the 13.5% Manufacturers’ Sales Tax and Federal Telecommunications Tax of 11%. The federal government was expecting that the removal of the tax will aid Canadian manufacturers in their international competitiveness.

The tax became a controversy right from the beginning. While it was definitely helpful for the manufacturers and was promoted as revenue-neutral in relation to the MST, the opposition stated that the tax would make life more costly for Canadians. After a short stand, Mulroney used a little-known constitutional provision to increase the number of senators by eight temporarily, thus giving the Progressive Conservatives a majority in the upper chamber. The Opposition launched a filibuster and further delayed the legislation. The tax was lowered to 7% and Government defended the tax as a replacement for a tax unseen by consumers because it was placed on manufacturers. Eventually it came into force on January 1, 1991. In 2006 the Conservative Party of Canada reduced the tax by 1% (to 6%) on July 1, 2006 as part of an election promise. On January 1, 2008 they lowered it to 5%, bringing it to its current state.

The GST law is covered by the Excise Tax Act and all the Canadian Revenue Agency (Canada Customs and Revenue Agency before 2003). As of January 2009, the tax is 5% and applies to most goods and services, except for: used residential housing; most health, medical and dental services; day care; music lessons; and certain goods and services provided by non-profit organizations, governments, and other public service bodies. There are also a number of Zero Rated goods and services like: basic groceries, prescription drugs, exports, and any property or service that is for the use of the Governor General. New Brunswick, Nova Scotia and Newfoundland and Labrador, have a combined tax of 13% which is composed of 8% provincial portion and the 5% GST. The aboriginal people in Canada are exempt from payment. Like in many countries with the GST, visitors for up to 60 days can apply to have their tax refunded. When they are leaving the country they can fill out a form at a Canadian airport or some duty free stores at border crossings. After that the visitor sent in original receipts with a stamp by Canadian Customs. Cheques are mailed to the visitor within a few weeks.

To find tax lawyers, business lawyers and lawyers in Canada, please visit http://www.lawyerahead.ca/

Section 253(1)(a) makes it illegal to operate a motor vehicle or vessel or operate or assist in the operation of an aircraft or railway equipment, or to have care or control of a motor vehicle, vessel, aircraft, or railway equipment, while that person’s ability to operate is impaired by the alcohol, drugs, or a combination of the two (vessel is defined to include “a machine designed to derive support in the atmosphere primarily from reactions against the earth’s surface of air expelled from the machine“).

Section 253(1)(b) makes it illegal to operate a motor vehicle or vessel or operate or assist in the operation of an aircraft or railway equipment, or to have care or control of a motor vehicle, vessel, aircraft, or railway equipement, while that person’s blood alcohol concentration (BAC) is in excess of 0.08 percent (representing 80 milligrams of alcohol in 100 millilitres of blood).

The conviction for drinking and driving will result in a criminal record (which will have serious influence on current and future employment along with travelling abroad).  If you are faced with a dui charge, a good lawyer will be able to help.  Lawyerahead.ca is the best free way to find a lawyer in Canada .   A person charged with DUI will most likely lose his license for a period of time also.  The rules and terms on license suspension and the return of driving priveleges depend on the case and on the provincial legislation.  In some cases the driver can even be sentenced to a jail term, even when no one was injuried.  Even after the return of the driving statuses, one can still expect to a numerous measures enforced measures enforced including the Interlock Ignition Device.  Interlock Ignition Device is a special device that blocks the vehicle until the driver provides a breath sample into it.  If the device registers the presence of any alcohol on the prospective driver`s breath, the car will not be started.  Needless to say that this device is expensive, cumbersome and even embarrassing.  It may seem that the measures against DUI are too strict, but once you take a look at the number of casualties and accidents that are caused by drunk drivers, it may put it into perspective for you. 

For more information on lawyers, toronto lawyers, vancouver lawyers and canadian lawyers, visit http://www.lawyerahead.ca/ 

In the common law tradition, guardian is a person who is chosen to make decisions for another person (usually named ward), who cannot make decisions for him or herself.  A guardian could either be appointed by the court or through a legal document such as a living will. These people take the responsibility to care for the ward and represent him or her for a certain period of time, caring only for the best interests of the ward. Generally the guardians are responsible for two types of decisions: personal and financial.

-          Personal type of decisions includes things like medical care, treatment and even education. Mostly these decisions must be made for minors, ill or disabled people;

-          Financial type of decisions includes management of finances and bank accounts, arrangement of purchase or purchasing items for the ward.

Guardianship usually gives the appointed guardian the power to make decisions only for a certain period of time (while the ward is incapable of doing so). If the ward is unable to make decisions due to mental or physical disability, disease, or addiction to alcohol or other drugs, the court will appoint a guardian. In cases of medical problems the state of the ward must be proven by two independent experts. Guardians are also appointed for minors (if the minor has no one to care for him or her) until he or she reaches a certain age.  

Usually a person who has ties to the ward is preferred as guardian -  this can include parents, relatives and spouse. Also the ward has the possibility to appoint the ward by a legal document (living will, power of attorney), if there is no documents the court will appoint a state employee or a private person (familiar with ward). When appointing a guardian the court considers numerous factors like character, history, physical capacity, and other relevant attributes. Such attributes as limited education or financial resources won’t be a problem for the possible guardian, instead the court pays attention to criminal record and medical and mental health of the possible ward. The selected guardian must be willing to perform the duties, make decisions for the ward and represent the best interests of the ward. The decision of the court usually depends mostly on the situation, so people who are interested in appointment of some specific ward need to think ahead and specify the guardian for certain situations in a legal document. If the appointed guardian failed to follow the courts orders, has not provided adequate care for the ward, is guilty of neglect (using the wards finances or the situation for the guardians benefit) or has no possibility to represent the ward and make decisions for the ward anymore – a new guardian (or a temporary guardian) will be appointed. Also a guardian can be removed if the court determines that the ward no longer needs the services of the guardian. When considering a guardian in a living will or a power of attorney, it is important to consider all the possible situations that can occur.    Visith Lawyerahead.ca for the most comprehrehensive online legal information.  In addition it is the best free way to find a lawyer in Canada.

Additional Wills Estates, Trusts Legal Information can be found here:

1. Estate Planning Legal Information
2. Probate Legal Information
3. Trusts and Estates Legal Information
4. Wills and Living Wills Law
5. Power of Attorney Legal Information
6. Estate Administration Legal information
7. Elder Law Legal Information
8. Estate Litigation Legal Information

How to Hire a Canadian Lawyer

Step One: finding a lawyer in the right area.

The right area here means both the right area of the law and the right area of the world. Where the case will be tried narrows your search to a particular location. Most attorneys stay within their own province, and even their own city when possible. Your question then becomes something like: “Who practices in the area of child custody disputes in Windsor?” Remember, the location may not be where you live, but where the matter will be tried in court.

If you are not sure what sort of lawyer you need (Real Estate or Tax?) you should ask an attorney in another, unrelated practice area to tell you. You can also check with the Canadian Bar Association, there are links to contact them and a FAQ.  Lawyerahead.ca has the most comprehensive profiles of Canadian Lawyers.  Alternatively, you can post your cases at lawyerahead.ca and have qualified lawyers contact you directly which in turn saves you the hassle of looking for a lawyer on your own.

Once you have decided on the area of law and the location, you are ready to narrow down your lawyer search.

Step Two: Look over public materials.

Most law firms either have websites or are peer reviewed at sites like Martindale.com or Lawyerahead.ca and you can view their presentations. At this stage, you are just gathering a few names (individuals and firms). You can find client comments at Martindale’s or Lawyerahead.ca as well as peer ratings (and rankings based on fees). This should give you some idea of how many attorneys are practicing that meet your location and expertise requirements.

Step Three: Interview.

Most firms offer an initial consultation, either by phone or in person. Here is where you have an opportunity to ask questions specific to your matter. Some questions to ask:

l What is your (or your firms) experience in this area of the law?

l What are the likely outcomes of my case and how long will it take to resolve?

l What are your rates and billing cycle?

l What is a reasonable estimate of how much this will cost overall, including expenses?

l Is it possible to save money by letting a junior or paralegal handle most of the case?

l What style do you think best fits my case - aggressive/passive, mediation/arbitration/trial?

Step Four: Final selection.

This is a final decision based on the impressions you received during your interview and what you found out about the firm in question. Who did you feel most comfortable with? Which office answered the phone quickly and seemed the most professional? Did their offices appear professionally run? What did other attorneys say about them? Did they answer your questions as completely as possible?

A word about costs. Attorney fees are not a good measuring stick. Hiring the least expensive isn’t always the best choice, nor is hiring the most expensive. Hire the best attorney you can within your budget - pay attention to fees, but pay more attention to the man or woman you are about to hire. A successful prosecution of your claim or a great defensive outcome is more important than a few dollars saved on a fee.

Word of mouth is a strong determinant in selecting a lawyer for some.  Like family physicians, a friend mentions the name of their much beloved doctor of 14 years and soon that doctor has a new set of patients.  In a sense, this applies to law, but more often than not, someone else’s attorney may not be the best representation for you.  Finding a suitable attorney is a process of understanding exactly what your legal needs are, seeking out an attorney who practices in these areas, and grilling them during a consultation to determine if they are your best choice.

            What do you need an attorney for anyway?  The law has many facets with different court systems set up to handle different types of cases.  A lawyer could plausibly have a footing in all forms of the law from contract to family, but it is highly doubtful that this sort of lawyer will have years of experience with each.  It is important before you go shopping for an attorney to isolate what kind of case you will be involved in.  Is this an effort to change the visitation arrangements with your children in Vancouver?  Vancouver Lawyers specializing in family law is best.  Do you need representation for a DUI charge in Toronto?  Toronto Lawyers specializing in criminal defense should handle this.  Once you have established your case type, it is time to go looking.

            There are many different ways to find lawyers.  Thanks to the Internet, you do not even have to leave your home.  Attorneys advertise their services on various websites like lawyerahead.ca and it has gotten to the point where it is a buyer’s market.  For any case type, there are quite a few qualified attorneys willing to handle it.  It boils down to a few resumes that stand out.  After you have a short list of lawyers worthy enough to represent you in court, set up consultations and see how they are in person.

            Consultations are two-way interviews.  The lawyer is determining whether they will take your case and you are deciding if they are good picks.  Solid experience is one thing, but nothing compares to sitting down face-to-face and seeing how a person handles themselves.  Are they congenial?  Do they seem preoccupied and disinterested in your case?  Having a list of thoughtful questions going in to a consultation will make the appointment more fruitful.  One should make a point to bring up the exciting topic of how much representation will cost, who exactly will be handling the case (will it be delegated), expected outcomes, and the timeframe from beginning to end.  If you are happy with their answers, you still have the choice to shop around.  Maybe the lawyer down the street will have similar experience expertise and mannerisms but charge $200 less.  Who knows?  Scheduling a handful of consultations ahead of time lets you flesh out your options a bit better and choose more wisely.

            After all that rigmarole, it is time to break out the checkbook and make a decision.  After all the vetting, the choice will sit well and the case will go smoothly.  The true test of course takes place in the courtroom and perhaps after favorable results, you might one day happily recommend your attorney to a friend.

Here are a list of recent cases on Lawyerahead.ca requiring legal representation from lawyers:

1. Writing a will
2. Speeding Ticket
3.  Work Place Accidents
4. Business Tax Arrears (business Income Tax)
5. Serious Motor Cycle Accident
6. Dog Bite
7. Possession of Marijuana
8. Spousal Support Review
9. Parternship Dissolves and Disputes
10. Impaired Driving / Drunk Driving
11. Common Law Separation
12. Sexual Harrassment
13. Common Law Prenuptual Agreements
14. Real Estate Litigations
15. Expired Reseller Agreements - Commercial Litigation
16. Adoptions
17. Private Adoption
18. Slip and Fall
19. Possession of a Controlled Substance
20. Search Warrants

The relationship between a lawyer and client is best summed up by a synonym - a lawyer is an advocate. And an advocate is “a person who speaks or writes in support or defense of a person or cause.” Just as a physician is duty bound by their profession to protect and improve the physical health of their patient, so too is a lawyer bound to protect the legal health of a client.

The tradition of trust and service was important enough for even the Supreme Court to have stated, as far back as 1850,

“…There are few of the business relations of life involving a higher trust and confidence than that of attorney and client, or, generally speaking, one more honorably and faithfully discharged; few more anxiously guarded by the law, or governed by sterner principles of morality and justice; ”

The Lawyer’s obligations

Your lawyer is bound to represent you within the ethics of the profession and the strictures of the law. This means that without your consent (and in most cases insistence) they cannot act against your interests, and this extends to other cases they may take on as part of their practice. Some parameters attorneys must follow include:

·       Attorneys must be knowledgeable in the area of the law your case requires - it would be unethical for them to act without proper competence or without the ability to analyze the legal issues.

·       Your lawyer is required to follow your directions in how your case should be handled. He or she may present you with options and recommendations, but you have the final say.

·       Attorneys are forbidden to operate under a conflict of interest. They may not, for instance, represent both parties in a dispute.

·       Your lawyer must keep you informed as a legal matter progresses.

·       Any property in a lawyers custody must be kept separate from the lawyer’s own and must be surrendered when demanded.

·       Communications must be kept confidential - both by the attorney, their staff, and any others they hire. This obligation may at times be broken when ordered by a court for specific reasons.

Your lawyer is not required, and in fact is prohibited, from performing any illegal actions at your request.

The Client’s obligations

As a client, you are obliged to be honest and forthcoming with your attorney. Your communications are protected to allow you to fully reveal information, even embarrassing or culpable facts. Other obligations:

l  Being available to your attorney, both for simple communication and for legal proceedings you are required to attend. This means having good contact information and timely responses.

l  Cooperation. There may be legal reasons to do something you find onerous or simply inconvenient. Your lawyer will be handicapped if you argue and fight the help they offer. If you do not understand the purpose of some act or request - ask.

l  Payment. Clients are obligated to pay for the services they receive and should do so willingly. Attorneys will discuss rates and charges with you when requested, and clients should be comfortable with financial arrangements. However, your attorney is a professional who performs a service for a fee - a fee that should be paid.

For more information on Find Lawyer, Canadian Lawyers, Toronto Lawyers, Vancouver Lawyers and lawyers in your local area, visit www.lawyerahead.ca

Unbelievably enough, some people do not have a lawyer on speed dial. For whatever reason, they do not have an attorney retained even though they could be sued or arrested at any moment. Most of us non-celebrity or non-executives have to admit that this sounds familiar. So when should you call a lawyer? Before or after the breathalyzer?

Arrests. Contacting an attorney should be done before an arrest if possible. Depending upon the circumstances, one might be aware the police have a warrant for their arrest. An example would be being taken in for questioning where the police subtly mention that if you confess they will cut you a deal. That is an indicator it is time to call a lawyer. If the police end up releasing you and then charging you later, your lawyer can arrange a time and date for your surrender in lieu of being forcibly taken from your home late at night.

Subpoenas. Many professionals receive subpoenas for records or to testify in concordance with a case. Subpoenas tend to be straightforward, but occasionally lawyers try to get medical records or irrelevant data during fishing expeditions. There have been instances where a doctor, subpoenaed for records, released the records and was later sued for breaching confidentiality. Even though it is legal for a lawyer to serve a subpoena sometimes, it may not be legal for you to fulfill what it requests. This is why it is important to call a lawyer right after you receive a subpoena. They can better explain what the request is for, how binding it is and the implications.

Injuries. After sustaining a life-changing injury, contacting an attorney is the last thing on your mind. After a car crash, you will probably be more interested in treatment. Saying that, get in touch with a lawyer posthaste. If the injury was due to negligence or an intentional wrong, albeit a MVA, defamation, or slip-and-fall the sooner you present your side of the story to a lawyer, the better. Better, because the incident is fresh in your mind, witnesses are easier to contact, and there is no worries of a statute of limitation default dismissal.

In general, it is good to contact a lawyer as early as possible if you need to use the courts or need representation for a case. The earlier you make contact, the more preparation time your attorney will have.

For more information on Lawyers, Canadian Lawyers, Toronto Lawyers, Vancouver Lawyers and Lawyers In Your Area, visit http://www.lawyerahead.ca/

Severance pay amounts vary depending on the length of employment before separation, contract stipulations, and on salary. The age and seniority of the terminated employee are definite factors as well when determining how much severance is owed. Being that the ultimate goal of termination pay and severance is to provide an employee time to find a different job, age plays a large role because it becomes more difficult the older you get.

Age and length of service increase the severance amount. In the case of a 59 yr old rabbi who was let go after 26 years of service, the court decided that even though his employer gave notice 9 months prior to termination, it was inadequate and required them to pay the rabbi the remainder of 30 months of severance. Because the rabbi never “intended to be employed for a limited term” and considered an indefinite term employee, he was eligible to receive severance pay. Contrasting this, another case found that a 29 year old store manager with five years of service was eligible for 5 months of severance pay, even though the circumstances surrounding his termination were… much less favorable than that of the rabbis (The store manager was falsely accused of sexual harassment).

According to Rizzo & Rizzo Shoes Ltd. (Re), employees are eligible for severance pay if the business they worked for goes bankrupt. Stating that, “former employees are entitled to make claims for termination pay (including vacation pay due thereon) and severance pay as unsecured creditors.” In this case, Rizzo Shoes went bankrupt suddenly and many employees were ‘economically dislocated’ because of it. Qualifying them as unsecured creditors allowed employees to pursue severance claims against Rizzo.

Eligibility aside, the amount of severance varies on a case-by-case basis. Consideration is given to the length of employment, age and chances of the terminated employee to procure new work, and the circumstances surrounding the dismissal. Judicial discretion plays a role as well.

Lawyer experienced with employment law will have a good idea of what severance pay you are entitled to.

Recent employment cases for lawyers:  seniority employment case, wrongful dismissal after 10 yrs of employment, wrongful dismissal human rights tribunal, illegal employment termination.

For more information on employment labour lawyers in Toronto, employment labour law firms in toronto, visit http://www.lawyerahead.ca