Seniors of Nova Scotia and Canada-u kick the bucket who does family call Canada?/Dying suddenly what about ur pets?/bagged tagged and burnt- getcha will done babe/Nova Scotia Gov./Federal Gov/Blogs/how 2 make it easy with wills if u die suddenly vs no will /When u die-what happens 2 ur websites/ stories and humour/4 those u give a sheeet about/FUN-GAMES AND HUMOUR- HEY WE'RE OLD
nice article follows- Whre do ur net sites go when u kick the bucket Closure and the social media accounts of the dead city
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LET’S CELEBRATE OLDER GOLD YEARS- Here’s how 2 use the Internet TEXT
language and Emoticons darlins/love2AllOlympiansSochi/God blessrTroops
When someone dies there are many decisions and arrangements to be made.
Sadly, decisions often have to be made at a time of personal distress.
To assist with this process, we have gathered some useful links where you
can find out more about the organizations that should be contacted and the
affairs that should be dealt with following a death.
A printable
version of the information provided on these pages is also available. If
you are looking for contact information including telephone numbers and office
locations, for specific programs and services, please refer to our Contact
List.
I don't like to think about death. Who does? But I must because two sweet Boston
Terriers depend on me for care. With that in mind, I put together an
estate plan to ensure Dolly and Spot do not end up in a shelter if I die
unexpectedly.
To help keep your dogs from entering the system in the case of your death --
whether untimely or not -- I turned my personal research into the following
list of frequently asked questions about estate planning for pets. The answers
include expertise from Gerry W. Beyer, a professor at Texas Tech University's
School of Law. He speaks frequently on the topic to laypeople such as me as
well as to fellow lawyers and students at the school.
My pups, Dolly and
Spot.
Q: What are my options?
A: You can take the formal route with a pet
trust, provision in your will, or a DIY pet protection agreement. You also can
come to an informal arrangement with a family member of friend. Let's look at
the pros and cons of each. Pet Trust -- This legal technique transfers
ownership of your dogs to a trust, which includes instructions for their care
and money to pay for it. You name a caregiver, and you appoint a trustee to
oversee that care and any related expenses. Two types of trusts exist:
traditional and statutory. Traditional pet trusts are valid in all states, with
statutory pet trusts valid in most states but not all. Pros: You have the most control over the care of
your dogs and the money spent with a traditional pet trust, as the caregiver
and trustee are under a legal obligation to follow your instructions. A
statutory pet trust includes less detail, allowing state law to back up your
wishes, and it might be sufficient in states where valid if you do not foresee
family members contesting the trust.
Also, if you opt for a living pet trust, as opposed to one that kicks in
after you die, you provide for your dogs if you become unable to care for them
yourself because of serious injury, illness, or advanced age.
Cons: You must use a legal professional and pay
the bill that comes with this expertise, as well as fund the trust upon
creation and pay for any start-up and administrative fees. But that might not
be a "con" for some. Beyer points out that if you already have an
estate plan in the works, "Adding a pet is typically very inexpensive.
Unless you have unusual instructions, it would not add much to the overall
cost." He also points out that having an estate plan in general saves your
survivors considerable money. A typical estate plan can cost from $500 to
$2,000 to create, depending on where you live. Will Provision -- With this option, you
simply include a provision in your will that leaves your dogs to a beneficiary.
You also can leave money for their care to the same person or another
individual. Pros: A will that includes provisions regarding
pets can cost less than creating and administering a traditional pet trust. Cons: The person you leave your dogs to does not
have to follow any instructions you provide, as they are not legally
enforceable. Unlike with a pet trust, you cannot distribute money for care over
time -- it comes as a lump-sum payout -- or ensure that the money gets spent as
directed or on your dogs at all. And a will must go through the probate process
(the administration of it after you die), leaving the care of your dogs up in
the air during that time.
Also, since a will goes into effect only upon your death, it cannot provide
care for your pets if you become seriously injured or ill, unlike a traditional
pet trust. DIY Pet Protection Agreement -- Created by
attorney Rachel Hirschfeld, available through LegalZoom, and valid in all
states, this legal document allows you to specify a caregiver for your dogs and
leave money for their care. It falls between a traditional pet trust and will
provision in terms of the amount of detail you can include. Pros: It costs much less -- between $39 and $79
-- than establishing a traditional pet trust or drafting a will. You simply
create the documents yourself online and sign them. Like a traditional pet
trust, it can apply if you are living but unable to care for your dogs. Unlike
a traditional pet trust, it does not require funding upon creation. Cons: Geyer says such an agreement is better
than doing nothing, but he recommends giving serious consideration to going to
a skilled estate planner, preferably one who has experience with pet trusts, so
that everything gets done correctly and you get a comprehensive estate plan. "A
lawyer will ask all of the relevant questions and take all of the normal estate
planning steps that keep the likelihood of contests [people challenging the
documents after your death] low," he says.
Informal Arrangement: You can skip all of the
above and ask a trusted family member or friend to take your dogs when you die. Pros: It costs nothing to come to such an
arrangement, though you might want to treat your family member or friend to a
lunch over which you discuss the plan and also leave them funds to ease the
burden of taking over the care of your dogs. You should ensure that
beneficiaries of your estate understand your wishes and will not put up a fight
for your pups, too. Cons: You have zero control over the care your
pets receive after you die. Also consider what would happen if your family
member or friend were to die before your dogs. Who would take over their care?
A traditional pet trust and the DIY pet protection agreement allow you to name
backup trustees and caregivers.
Q: Whom should I leave the care of my dogs to when I die?
A: If you opt for a traditional pet trust, as
noted above you must name a trustee and a caregiver; the DIY pet protection
agreement allows you to also name someone to handle financial matters relating
to your dogs. These can be the same person if you trust him or her with
financial as well as pet-care matters. If you want the oversight a trustee
provides, choose someone with financial and pet smarts for the role. That way,
your appointed caregiver has a knowledgeable partner to share responsibility
for your pets. This could be a family member of friend who cannot take your
dogs for whatever reason, but who wants the best for them.
My designated
caregivers must value the importance of fetch, per Spot's request.
When choosing a caregiver, no matter what option you choose, pick someone
who will treat your dogs as you did. Consider only those responsible enough for
the task and with a stable home environment. In addition to naming backup
trustees and caregivers, name a last-resort option, such as a sanctuary, pet
retirement home, or service that finds loving homes for pets left orphaned.
Q: What instructions should I include in a pet trust or pet protection
agreement?
A: Medical care, including preferred veterinary
office, and expenses covered by the trust get detailed, as do more day-to-day
areas, including:
Food
and treats
Exercise
Grooming
Crates
and beds
Dog-walking
or pet-sitting
Monitoring
of the caregiver
Funding
or reimbursement process for expenses
Burial
or cremation
They also must
value the importance of fro-yo, per Dolly's request.
The legal documents also should note whether the trustee and/or caregiver
get any compensation. Neither of these roles require payment -- unless you opt
for professionals -- but including a salary of sorts or lump-sum payout makes
sense. These people will take over care of your beloved pets, after all, and
they deserve whatever thanks you can afford to give.
Q: How much money should I set aside for care of my dogs?
A: Whether the amount goes into a trust or gets
paid through a pet agreement or will, it needs to cover not only regular care
but also unexpected expenses. Determine the total amount you spend annually on
your dogs and consider their life expectancy, then include additional funds if
you want "above and beyond" measures taken medically. Also factor in
any payments to the trustee and/or caregiver if you plan to make them.
Beyer cautions against leaving an unreasonably large amount for the care of
your pets, as it could cause your family members to contest the trust or will.
The court can reduce the amount, most notably done in the case of Leona
Helmsley leaving her dog, Trouble, $12 million -- a judge knocked it down to $2
million, poor pup.
A: Think of the above information as a starting
point. Each situation has its own issues, and a legal professional can best
advise you how to move forward, including whether to add a power of attorney to
the above plans.
I will share one last tip I came across during my research and immediately
followed: If you live alone, carry a card in your wallet and post a note at
home that states who should be called to take custody of your dogs if you die.
Morbid? Yes. Vital to their health and well-being? Absolutely. Put that
person's number in your cell phone, and give that person a key to your home.
Also, here are some excellent resources for additional information:
ProfessorBeyer.com
-- In addition to the above information, Beyer offers resources on his
website, including links to each state's laws regarding pet trusts.
LegalZoom -- Here you will find the DIY pet protection
agreement as well as other information about estate planning for pets.
Nolo.com -- This legal website offers excellent info
on estate planning for pets.
HumaneSociety.org -- It offers a helpful fact sheet
about providing for your pet's future without you.
Let's
hear from you, readers. Do you have estate plans in place -- formal or informal
-- for you pets? Please share in the comments and offer any tips you have.
Coping with the death of a loved one is difficult. We at the CRA recognize
that you are going through a very difficult time. With this in mind, we hope
the following information will help you by answering some questions you may
have. What's
new
Topics
Types of returns
Find out the different types of returns you must file (final return), or
may choose to file (optional returns).
If the deceased person was paying tax by instalments, see Instalments
for more information.
You should provide us with the deceased's date of death as soon as possible.
You can contact
us or complete the applicable information in the form on the back
page of Information
Sheet RC4111, What to do following a death, and send it to your tax services office
or tax
centre.
Arrangements must be made to stop payments and, if applicable, transfer them
to a survivor if any of the following situations apply:
The deceased
was receiving the goods and services tax/harmonized sales tax (GST/HST)
credit.
CanadaBenefits.gc.ca
- A list of federal, provincial and territorial government contacts listed
by province and territory to help you determine who to contact.
International
Benefits - If you are the surviving spouse or common-law partner of
someone who has lived or worked in another country, you may be eligible
for benefits from Canada or abroad.
The law gives the Public Trustee the right to apply to probate
the estate of a person after their death. There are others who may also apply.
Both the Probate Act of Nova Scotia and the Public
Trustee Act of Nova Scotia set out who has priority.
The following section of the Probate Act sets
out who has the right to administer an estate in Nova Scotia, which includes a
person’s money and property, when someone dies intestate – without a will:
·first – the spouse of the intestate if the spouse resides in the
province and those children of the intestate who reside in the province;
·second – those persons who reside in the province and who are
entitled to share in the distribution of the estate by reason of the Intestate Succession Act
or by reason of being adult residuary beneficiaries;
·third – the Public Trustee;
·fourth – those persons who do not reside in the province and who
are entitled to share in the distribution of the estate by reason of the Intestate Succession Act
or by reason of being adult residuary beneficiaries;
·fifth – a creditor or a person having a cause of action against
the estate.
2. Where there is no person entitled to a grant of
administration, the court may grant administration to any person the court
thinks fit.
3. Where more than one person is entitled to administration, the
court may grant administration to one or more of such persons.
4. Any person who is entitled to a grant under clause (1)(a),
(b) or (d) or, where there is more than one of such persons, all such persons
may, with the written consent of the Public Trustee, nominate another person,
including a trust company, as administrator of all or part of the property of a
deceased person.
5. Where a person nominates another person pursuant to
subsection (4), the right to the grant of the person who nominated the other
person passes to that other person.
6. Where an infant is the only executor of an estate and no
person is named in the will as an alternate executor to act as executor in the
event of the person who is the infant predeceasing the testator or being unable
or unwilling to act, the court shall reserve the right of the infant to the
grant but shall grant temporary administration of the estate with the will annexed
to the guardian of the infant or such other person as the court thinks fit
until the infant attains the age of majority.
7. Where an infant is the only executor of an estate but another
person is named in the will as an alternative executor to act as executor in
the event that the person who is the infant predeceases the testator or is
unable or unwilling to act, the court shall reserve the right of the infant to
the grant, but shall grant temporary administration of the estate to the
alternative executor until the infant attains the age of majority. 2000, c. 31,
s. 32.
Common-law spouses are not recognized as legal spouses under the
Probate Act unless the couple has signed a
“domestic partnership declaration” and registered it with the Office of Vital Statistics
of Nova Scotia.
The Public Trustee is listed as the third person in line to
administer an estate. If someone who is listed after the Public Trustee wants
to administer the estate, they must ask the Public Trustee to renounce, or step
aside, before they can apply.
The Public Trustee may or may not renounce. The Public Trustee
considers many factors before deciding whether it will administer the estate or
whether it will step aside and allow someone else to apply.
These are some of the factors it considers:
·What are the assets in the estate?
·Does the estate have enough money, or personal property that can
be sold, to cover the costs of administering the estate properly?
·Does the Public Trustee have the expertise and staff to
administer the estate properly?
·Are any of the heirs one of these: children who are under the
age of 19, adults who are considered to be mentally incompetent, or missing
people?
·What fees will the estate generate?
If you are listed below the Public Trustee on the priority list
and want to administer an estate, you will need to contact the Public Trustee’s
Office. The Probate Court must have a document to show that the Public Trustee
has renounced, or stepped aside, before it can grant you the right to
administer the estate.
The Public Trustee also has priority to administer an estate in
these situations:
·the Public Trustee has acted as trustee, guardian, or custodian
of a person’s estate while they were alive and that person dies without a will. The
Public Trustee has priority to administer the estate over the spouse or
children of the person even if the spouse or children live in Nova Scotia
·the Public Trustee acted as trustee, guardian, or custodian of a
person’s estate while they were alive and
that person dies with a will and
the executor of the will is dead or renounces their right to
probate the will. The Public Trustee has priority to apply to probate the will
over everyone who is named in the will
·a person dies with a will and
the person who is named as executor of the will is dead or renounces their
right to probate the will and
the other people named as the residuary beneficiaries live outside of Nova
Scotia. The Public Trustee has priority to probate the will over the residuary
beneficiaries who live outside of Nova Scotia
·the Public Trustee is already administering the estate of a
person who is alive, or is administering the estate of a person who has died, and one of these
things happens:
othe person is named as a beneficiary in the will of someone who
dies and there is no one who is willing or able to act as the executor of that
will
othe person is entitled to inherit the estate, or part of the
estate, of someone who has died without a will
othe person is named as the executor of a will, or as the
personal representative of the
estate of someone who has died
·Sherwood Hines is a long-time community
activist and currently works with homeless youth in Halifax.
A couple of years
ago I was privy to a private consultation process (before it went to public
consultations) whereby certain powers-that-be in control of the Halifax Seaport
Farmers’ Market (and their supporters) floated the idea of getting rid of all
the “ethnic” food vendors in the market–on the notion that cruise ship
passengers come to Halifax to see (and purchase) “authentic Maritime
culture”–and not to eat Ghanian peanut soup, Turkish borek or get some
piping hot veggie samosas.
To say that we sat
around the conference table a bit stunned at the idea, and its obvious
racist/xenophobic overtones, would be an understatement.
I asked a colleague
if they meant getting rid of everyone and leaving the space to the Mi’kmaq?
(She kicked me under the table.)
But of course this
is not what they meant. Did they mean Kraft Dinner and hot dogs then? (A
favourite summer lunch down here.)
Preserving “authentic
Maritime culture” is a term used a lot down here–both officially and
unofficially–as the way to keep immigrants and come-from-aways out of the local
economic, political and social power circles.
Now, the Farmers’
Market has come back with a new idea based on their “public” discussions and
announced that all “ethnic” vendors will be moved off the busy main floor and relocated to the
second floor before the busy summer season
starts. They will be moved to where foot traffic is about 80 percent less than
the main.
This will be the
death knell for some–maybe most of the vendors. Which, I suppose, was the intent
all along.
Three Halifax
businesses have been fined in the last year for not serving blacks [Ed.
customers of Bob's
Taxi and the Halifax
Alehouse, employees of Leon's]. (Wrap your head around that idea
for a while…)
One of Canada’s
national newspapers recently lamented the rampant racism that still exists
throughout much of Nova Scotia. Government statistics note that 80 percent
of new immigrants (and their money) leave the province within a year of
arriving. [Ed. Hines has this backwards. The most recent stats say Nova
Scotia has a 71
percent retention rate.]
It sometimes looks,
smells, and walks like I moved to Georgia or Virginia when we came out here
three years ago, but the days of a “whites only” province are numbered.
Either Nova Scotia
realizes that immigrants and come-from-aways bring new money, global ideas,
vibrant cultures, much needed jobs and new wealth creation for the province, or
the province continues along its current path whereby it dies a slow and
agonizing economic death.
That the decision
to try and move the ethnic food vendors off the main floor of the Halifax
Seaport Farmers’ Market has blatant undertones of racism is obvious to anyone
who thinks about it for five minutes.
But there is also a
second piece of chicken bone getting stuck in my throat about this whole issue.
At first I couldn’t
put my hand on it, but then I realized what it was: the Halifax Port Authority
(who is in charge of the Farmers’ Market) argues that the decision to move the
non-white vendors upstairs comes out of “public consultations held in 2013″—implying
as it does, that the process has been a fair and democratic one right from the
beginning.
And that’s the
bug-a-boo for me.
When “democratic
process” is used to justify the marginalization of people. It’s the old “we
are just doing what the people want” argument.
Which had me
scrambling back to one of the most important books on democracy I have ever
read: John Stuart Mill’s On Liberty, and his 19 Century examination of
the dark side of democracy.
“The will of the people, practically
means the will of the most numerous or the most active part of the people; the
majority, or those who succeed in making themselves accepted as the majority;
the people, consequently, may desire to oppress a part of their number; and
precautions are as much needed against this as against any other abuse of
power…this view of things…has had no difficulty in establishing itself; and in
political speculations “the tyranny of the majority” is now generally included
among the evils which society requires to be on its guard.
Society can
and does execute its own mandates; and if it issues wrong mandates instead of
right, or any mandates at all in things with which it ought not meddle, it
practices a social tyranny more formidable than many forms of political
oppression…it leaves fewer means of escape, penetrating more deeply into the
details of life, enslaving the soul itself. Protection, therefore, against the
tyranny of the magistrate is not enough: there needs protection also against
the tyranny of prevailing opinion and feeling; against the tendency of society
to impose…its own ideas and practices as rules of conduct on those who dissent
from them…there is a limit to the legitimate interference of collective
opinion…and to find that limit, and maintain it against encroachment, it is
indefensible to a good condition of human affairs, as protection against
despotism.”
Bertrand Russell
also wrote excessively on the fundamental notion that of the infinite desires
of man, chief is the desire for power over the Other. Most especially when the
Other is different—socially, economically, culturally.
“this impulse to power has two
forms: explicit, in leaders; implicit, in their followers…the kind of mob the
[leader] will desire is one given to emotion than to reflection, one filled
with fears and consequent hatreds…that the best elements in human life are
collective rather than individual…one of the advantages of democracy is that it
makes the average citizen easier to deceive, since he regards the government as
his government.”
That the
Halifax Port Authority thinks itself vindicated in this situation merely
because they held “public consultations” is thinly applied varnish to a pile of
horse shit. It still smells like shit, and will continue to smell like horse
shit, no matter how many applications they try to apply.
That they try to
hide their marginalization of the Other behind the facade of a democratic
process is a page right out of Stephen Harper’s playbook.
That it is a
reactionary response to a globalizing process, whereby Canada and Nova Scotia
will increasingly become a multicultural reality, is easy to
understand. “White Canada” and those who want to maintain a white Canada
are increasingly within the grasp of global historic powers that are far beyond
their control.
We are in a
century-long transition period whereby Canada (and the US) will move from being
predominately white to being a multicultural flower garden.
We can begin to
understand that we are all flowers in the same garden and work together to best
till our collective soil, or, we can deteriorate into a poisonous, collective,
reactionary white narcissism which ultimately leads to violence,
authoritarianism and social collapse.
Over the years, the
Facebook community has grown exponentially, and, as life runs its course on all
of us, people keep dying. More and more posthumous profiles continue to haunt
cyberspace. Whether it’s creepy or comforting, we are the first generation to
ever have to deal with it.
Twenty-four-year-old
Alex Walker lives in Halifax, but grew up in Cape Breton. She was dealt a
painful blow last winter when she learned her ex-boyfriend, Vince Keating, had
passed away. Seeing his lingering Facebook profile prolonged the pain, so she
made the difficult choice to do something she can now never undo—Walker
unfriended Keating. “I actually ended up deleting ‘the profile’ from my
friends list,” she tells me. “I can’t say ‘Vince’s profile’ because Vince is no
longer here. I want to remember him in my own way and I can more easily do that
without ‘the profile’ always lingering.”
Seeing his user-less
account was a perpetual reminder that there was nobody on the other
end. “And, depending on the day, it could make the hole he left feel even
bigger.”
Whether it’s creepy or comforting,
we are the first generation to ever have to deal with it.
Up until
last month, Facebook’s “death protocol” required “an immediate family member or
executor” to provide a birth certificate, death certificate or “proof of
authority under local law that you are the lawful representative of the
deceased person” if you wanted to have a profile taken down, or, alternatively,
turned into a memorial page. However, now, before you die, you can also
designate a “legacy contact” to manage your account once you pass away.
Walker does
frequent a memorial page that’s been set up in Keating’s honour, but she has
mixed feelings on his old account, and whether or not it should be
deactivated. “I’ve had friends pass prior to Vince and their profiles just
sit in limbo. Eventually, they don’t even have a profile picture anymore. On
Vince’s birthday I can’t think of anything less comforting than receiving a
notification with a grey faceless image reminding me that he won’t have more
birthdays.”
In her experience,
Keating’s lasting profile impeded the closure process. For others, keeping a Facebook
account around has helped.
Carla Seymour is a
registered psychologist in Halifax. She says many, if not all of her clients,
find the posthumous presence very comforting.
“I sort of liken it
to a virtual memory box,” she says. “I think, within reason, it’s very healthy.
Think of everything we’ve realized in western society; we try too quickly to
package up the dead and deceased—sort of, out of sight out of mind—and the
research shows that maintaining the Internet connection is actually very healthy
for the grieving process.”
Sarah Poirier, 27,
was blindsided by the deaths of her two close friends following a party in her
Pictou hometown last August. In her experience, the surviving online presence
of her friends has created an avenue for closure. “Without Facebook, it would
have been so much harder for everyone to share so many photos and memories,”
she says. “You have a community at your fingertips instead of feeling isolated
and lonely.”
But that’s not to
say it doesn’t come without its challenges. Poirier says late last year, like
Walker, she fell victim to one of Facebook’s painful reminders. It can be “a
little weird to see both their profiles. Especially when Cameron’s birthday
came around in November. Getting a notification to wish him a happy birthday is
pretty sad.”
As heartbreaking as
they may be, Poirier and Walker’s experiences are far from unique. If you take
the population of the number of monthly active users on Facebook (about 1.3
billion in 2014), and take the crude death rate for the entire globe (measured
at 7.89 people per 1,000 in 2014), and say half of the profiles of those who
died were deleted, there are over 5.1 million accounts of the deceased still in
existence. That’s about the population of British Columbia and Newfoundland and
Labrador combined.
Though Seymour had
noted that the role Facebook played in the majority of her grief counselling
was positive, she adds that it also depends where the person is in their
bereavement process. “We also have to keep in mind everybody grieves in
different ways,” she says. “There are many people who would find the idea of a
memorialized Facebook page distasteful.” She compares it to the specificity of
an open-casket funeral. Some people would prefer that, while others wouldn’t.
“Some people say to me, ‘I know that profile is there, and I’m not ready to
look at it, but I know down the road in a year or two, that’s going to bring me
a lot of comfort; a lot of humour,’” she says. It’s “sort of keeping peoples’
memories alive.”
The entire process
isn’t far off from standard grieving practices that have existed for centuries,
but rather just a new direction in the ebb and flow of time. “If you stop and
think about people who are grieving outside of the digital world, they will
often honour the birthday of a deceased family member by going to the grave,”
says Seymour, “by going to the ocean and writing a letter, or by going to the
cemetery and saying a prayer. So I don’t know that it’s a lot different other
than it’s a sign of our digital times.”
Seven years
ago—before I’d been living in Halifax—a guy I went to high school with died
suddenly one morning while eating breakfast at his home in our southwestern
Ontario town.
He was older than
me. He was captain of the Windsor Spitfires and his name was Mickey Renaud. His
untimely and tragic death happened not long after Facebook was just revving up
to become the omnipotent social media monster it is today. Though I wasn’t
close with him, I remember being fascinated that his presence was still being
felt out in cyberspace days, weeks and even years after he’d passed. People
would still write on his wall, friends would still tag him in photos and every
post he made up until February 2008 still sat there on his page, like a tragic
time capsule of the weeks he didn’t know would be his last.
Whether it’s
preferred or disliked, painful or peaceful—the lingering social media accounts
of the dead are just another one of the many technological nuances our
generation is left to test-drive. Like it or not, you’re going to have to come
to terms with the fact that there’s an entire intangible mausoleum out there
where Facebook carries millions of burnt-out stars in a calculated
clutch—piling up friend suggestions and sending out reminders for birthdays
that will never be had.
For more comprehensive family law information go to:
Q - Do
grandparents have automatic rights to see their grandchildren?
A - No. There is no automatic right to see
grandchildren. It is generally up to the childrens' parent(s) to decide whether
children will see grandparents or other family members.
Q - Can
a grandparent apply for custody of or access to a child?
A - Yes. However, a grandparent who applies for custody must first get the court's permission to make an
application. This is called seeking leave of the court. As of September
1, 2014, grandparents do not need to get the court's permission (leave) to
apply for access to a grandchild.
If you are considering going to court to apply for
custody or access to a grandchild you should talk with a lawyer.
Q - Does
the court automatically give its permission to a grandparent to apply for
custody?
A - No. You must convince the court that it would be
in the child's best interests to allow the application to go ahead.
Q - How
does the court decide whether to give a grandparent leave to apply for custody?
A - The court is guided by the best interests or
welfare of the child. For example, the court might look at the length and
nature of your prior relationship with the child, whether there is a connection
to and positive bond with the child, the potential negative effects of exposing
the child to litigation and uncertainty, and whether your involvement in the
child's life would be destructive or divisive. No single factor will determine
the outcome. Instead, the court looks at a combination of factors like the ones
just listed, as well as the specific facts of each situation, to determine
whether it would be in the child's best interests to allow the application.
Q - If
a grandparent applies to court for custody or access, will he or she
automatically get custody or access?
A - No. The court will only grant custody or access if
it decides it would be in the child's best interests to do so. The court will
conduct an in-depth inquiry before deciding whether it would be in the best
interests of the child to grant custody or access. For an access
application, two factors the court must specifically look at to decide what is
in the child's best interests are:
§where appropriate, the willingness of
each parent or guardian to facilitate access with the grandparent; and
§whether a court order is necessary to
faciliate access.
Q - Do
I have to go to court if I want to see my grandchildren?
A - No. There are a number of options other than
court. Try to establish or maintain a positive relationship with the child's
parent or parents. Do not criticize either parent in front of the child, nor
use the child as a messenger between parents. If a conflict arises, try writing
to the parent and explain that you want to work things out together in a
non-confrontational way. If you can talk openly with the child's parent or
parents, write down what you agree to, in case there are problems later, and
have your own lawyer review the agreement prior to signing it. There are also
family counsellors, mediators, and conciliators who can help you communicate
with the parent or parents and help to solve the problem. You may also wish to
join a local support group.
Q - How
do I get in touch with a family counsellor or mediator?
A - Family and individual counsellors, including
mediators, are listed under 'Marriage, Family and individual counsellors' or
under 'Mediation' in the yellow pages of your local telephone book. You may
also contact Family Mediation Canada at http://www.fmc.ca/ or 1-877-362-2005, or Family
Mediation Nova Scotia.
Welcome to Canadian Senior Years, a site specifically
designed for Canadians over 50. Here you will find the best information,
articles, news and Canadian site links available for seniors on the web today!
In addition, we provide a place for seniors to gather and trade information
through our email
pals
and single
seniors listings, senior talent page
and articles.
*Jeanette Dillon writes a touching story dedicated all those who are committed
to the care of ailing loved ones at The Landing.
*Suzanne Berton has written a story about a woman who looks after her
terminally ill father at Caregiver's Story: In Her
Own Words.
*Jacqueline Marcell (Author / Publisher / Radio Host / Speaker / Eldercare
Advocate) has written some very useful information about elder rage and
Alzheimer’s at If
I Only Knew Then--What I Know Now!
*Margaret (our friend from New Zealand) writes A Wooly Story.
You can still read her last article at New Zealand made
Movies Lure Tourists to Kiwiland.
*Jim MacDonald tells you how to take control of your life by setting goals and
establishing priorities at Reach Your Goals.
To read his last article go to Volunteering: A Win-Win
Affair.
*Marlowe, officially reported to have been killed in a knife fight at the age
of 29, had in fact faked his death and fled to Italy. There, they believe, he
continued to write, his work being published in England in Shakespeare's name.
For our story, click on Was Shakespeare a Con Man?
*Our computer expert is back with an article about how to avoid getting
computer viruses. To read more, go to Avoiding Worms, Viruses
and Hackers
*Patti Griffin has written a self-help Guide to Dating After Sixty. She is
trying to get it published but for now will reprint one chapter per month here.
To read her 2nd chapter, go to Drink Much??.
You can read her introduction at Intro to Patti
and her first chapter at The Pepper Man.
*Considering a vacation with your grandchildren? Paula Hughes Court, a
freelance writer who specializes in senior issues and travel has written Cruising With
Grandchildren.
*With the inclement weather on the way it's more difficult to get out and
about. Sylvie Malaborsa gives some suggestions of things you can do to prevent
loneliness at Twenty
Ways To Enjoy Your Solitude.
*If you’re wondering if you should be concerned about occasional memory lapses,
you aren’t alone. It’s important to know if they are signs of normal aging or
symptoms of more serious problems. Read more at Things To Remember When
You Forget.
*Sharon is losing her sight and wrote this touching poem. Read it at A Mere Mortal's Eyes
*Terry Shannon finally finds a use for a hammock at Hammock
and tries her hand at making pies like her mother used to make at Pie Simple
and how about sewing at A
Stitch In (The Teenage Equivalent Of) An Eon.
*Read Stroke
Facts and Warning Signs. The information in this article may
save your life some day!
*Margaret (our friend from New Zealand) writes about the effect of recent
movies on the tourist trade in New Zealand at New Zealand made
Movies Lure Tourists to Kiwiland.
...
tools and resources to help you financially prepare for retirement. ...
(Seniors), the Honourable
Alice Wong. ... About Canada.ca; Transparency.
Adult
Protection
Abuse is the infliction of harm on a person. It involves any act, or failure
to act, that jeopardizes the health and/or well-being of a person. Abuse can
happen to anyone.
Special court applications can be made in certain situations as part of the Adult
Protection Act if an incompetent adult (someone who cannot make
decisions for themselves) is being abused.
The Adult Protection Act is the law in Nova Scotia that
deals with protecting adults over the age of 16 from significant risk of
self-neglect and/or abuse when they are unable to protect themselves from that
risk.
If you know of an adult in need of protection, call Adult Protection
Services at the Department of Health and Wellness at 1-800-225-7225.
Adult Protection workers may be able to assist and arrange services to help
those in need of protection.
For more information about adult protection, click
here. NOTE: several changes have been proposed to the Adult
Protection Act. The changes received Royal Assent on May 10, 2013,
but have not yet come into effect. This section will be updated if the changes
become effective. Click here to view a summary
of the proposed changes.
For more questions and answers about wills, Click
here to download the wills section of 'It's
In your Hands: Legal Information for Seniors and their families"'
in pdf. Q - What is a will?
A - A will is a document in which you say how you want your property to be
distributed when you die. A properly signed and witnessed will becomes a
binding legal document on the date of your death. The person who makes the will
is called "the testator". Q - Do I have to make a will?
A - No. The law does not say that you must make a will. However, making one
should give you peace of mind and make it easier for your family or friends to
handle your affairs when you die. Unfortunately, it is not unusual for family
members to argue over the estate of a deceased relative who dies without leaving
a will. Q - Must a lawyer write my will?
A- No. The law does not say that a lawyer must write your will. You can make
up your own or buy a form from a store. However, it is wise for you to get
legal advice when making a will. The lawyer will:
make
sure the will is clear about what you want to happen to your property on
your death,
make
sure the will meets all the legal requirements,
be
familiar with a number of standard clauses that can be included in a will
to provide for unforeseen events.
If you decide to write your own will, you should have a lawyer look it over
to make sure that it meets all legal requirements.
Q - Who can make a will?
A -Any person aged 19 or older who is of sound mind can make a will. A
person under 19, can make a will if he or she is or was married.
"Being of sound mind" is often called having "testamentary
capacity". This means that:
you must
know that you are making a will and understand what a will is,
you must
know what property you own, and
you must
be aware of the persons (such as a spouse and children) you would normally
feel you should provide for.
You must have testamentary capacity at the time the will is made. If you
become mentally incompetent after you make a will, it is still a valid will.
Testamentary capacity may become an issue with persons who have a mental
infirmity or who are very ill. The mental capacity of a very ill person may be
affected by the illness or drugs or pain. Making your will while you are in
good health may avoid the problem of having your mental capacity questioned.
You must know and approve of the contents of your will.
The will may be invalid if you were misled, whether by fraud or simply by
accident, or if someone exerted undue influence on you. This is another reason
for meeting with a lawyer to discuss the will so that there is evidence that
the will was made by your own free choice. Q - Does a will have to be typed?
A - No. The will must be in writing but it can be handwritten, printed, or
typed. Q- Does the will have to be signed?
A - Yes. The will must be:
signed
at the end by you. You must sign the will before two witnesses who must be
present at the same time. If you are unable to sign the will you can ask
someone to sign it for you in your presence. You must tell the two
witnesses that the will is yours.
signed
by two witnesses in your presence and in the presence of each other. The
witnesses must be at least 19 years old and must not benefit from the will
or be married to someone who benefits.
You should mark the date on the will.
After the will is completed, it is wise to initial and number each page so
that pages cannot be replaced or removed from the will.
You should also arrange for one of the witnesses to swear an Affidavit of
Execution. Q -What is an Affidavit of Execution?
A - An affidavit is a statement sworn before a Commissioner for Oaths or
Notary Public. An Affidavit of Execution is a statement by one of the witnesses
to the signing of a will. In the affidavit the witness confirms that he or she
witnessed the signing of the will by the testator and in the presence of the
other witness and that the testator was of sound mind and of the age of
majority at the time the will was signed.
An affidavit of execution can be made any time after the signing of the will
but it is best to do it immediately after the will is signed. After your death,
your Executor can use the affidavit in court to show that the will was properly
signed and witnessed. If there is no affidavit, the Executor will have to
locate one of the witnesses and have him or her swear an affidavit when the
Executor applies for a grant of probate of the will. Q - What is a holograph will?
A - A holograph will is a handwritten will signed by the testator but not
witnessed.
Before August 19, 2008 holograph wills were not valid in Nova Scotia.
Then the law was changed, and a holograph will made after
August 19, 2008 is now legal.
The courts have ruled that a holograph will made before
August 19, 2008 is not valid.
If you have a holograph will it is best to check with a lawyer to make sure
it is valid. Q - What is a codicil?
A- A codicil is a document that changes your original will. Usually a
codicil is used only to make minor changes. You must sign the codicil and have
your signature witnessed in the same way as your will. Q - What goes in my will?
A - The will contains your instructions about what you want done with your
property after you die. The language should be clear and simple, so no one is
confused about what you meant.
A will should have several sections. These are called "clauses": Revocation
The will should say that you revoke all previous wills and codicils. Appointment of an Executor
The will should appoint an executor who is responsible for carrying out the
instructions in the will. Disposal of Property
This section of the will should say who gets your property and under what
conditions. A will only comes into force after your death. Up until your death
you are free to deal with your property as you wish. For example, if you leave
your cottage to your niece in your will, it does not prevent you from selling
the cottage and using the money as you wish.
The will can only dispose of property that you still own at the time of your
death.
If you are leaving property to someone, you may want to provide for the
possibility that he or she might die before you. For example, if you leave some
of your property to your cousin, do you want his children to inherit it if he
dies before you or do you want the property to go to someone else? Residuary Clause
Generally, wills should include a residuary clause. This clause says who gets
the property that remains after all gifts have been paid out or given to the
beneficiaries.
If your will does not contain a residuary clause, the remaining property
(called the residue) will be treated as if you had died intestate. It will be
distributed according to a provincial law called the Intestate
Succession Act. 'Intestate' means dying without a will. Other Clauses
A will may contain other clauses to suit your needs. For example, you may want to
recommend a guardian for your children, create a trust, or set out the powers
of the executor. Q - Should I put my burial wishes in my will?
A - It is not a good idea. Often the will won't be found or read until after
the funeral. You should tell the person who is likely to arrange the funeral
what your wishes are or leave separate written instructions. Q - Can I leave my property to whomever I
want in my will?
A - In most cases, you are free to deal with your property as you wish.
However, two laws, the Testator's Family Maintenance Act and the Matrimonial
Property Act, place some limitations on that freedom. Testator's Family Maintenance Act
This Act tries to make sure that your dependents are left with money and
support whenever possible and if necessary. Children (including adopted
children) and a widow or widower are considered dependents under the Act.
Common law spouses are not considered dependents under the Act unless they
have a Registered Domestic Partnership. Then they are included from the date
they registered the partnership. Divorced spouses are not considered dependents
under the Act.
The judge considers all the circumstances of a case in deciding whether to
give support to dependents. They include:
whether
a dependent deserves help (what is his or her character and conduct),
whether
there is any other help available to the dependent,
the
financial circumstances of the dependent,
any
services provided by the dependent to the testator,
the
testator's reasons for not providing for a dependent in the will. It helps
if the reasons are in writing and signed by the testator, or if they are
included as part of the will.
This is not a complete list. The judge may take other factors into account.
A person who wants to apply for support under this Act should talk with a
lawyer.
The Matrimonial Property Act
This Act recognizes the contribution of both spouses to a marriage. The Act
says that when one spouse dies, the surviving spouse can apply for an equal
division of matrimonial property. The surviving spouse must apply to the
Supreme Court.
A judge decides what share of the property the surviving spouse should get.
Common law spouses are not covered by the Act unless they have a Registered
Domestic Partnership. Then they are included from the date they registered the
partnership.
The application for division must be made within six months after probate or
administration of the estate has been granted. Anyone who wants to make an
application should first talk with a lawyer. Family members
You may decide to leave your estate to someone other than your closest
relatives or you may decide to leave it to some family members but not others.
If you do this, it is wise to get advice from a lawyer and to record your
reasons in writing. Q - What happens to money from my insurance
policies?
A - An insurance policy can say that it is to be paid to a certain person or
to your estate. If the insurance money is to be paid to your estate, the money
from your policy will be distributed according to the terms of the will. If an
individual is named, the money goes directly to that person. It does not become
part of your estate. Q - Can I change my will?
A- Yes. You can make changes to your will at any time up until your death
provided you are mentally competent. You should look at your will now and then
to make sure it is still up to date. For example, you may have sold or given
away some of the property mentioned in your will. You may want to make changes
in the will because of births, deaths, and marriages in the family.
There are two usual ways to change your will:
You can
write a separate document called a codicil. You must sign and have your
codicil witnessed in the same way as your will. The opening words of the
codicil usually refer to the will that it is amending. It will say that
certain clauses of the will are revoked or amended and others are
substituted. It should say that apart from these changes, you confirm the
terms of the will.
You can
make a new will. It may be wise to make a new will if you wish to make
major changes in your will or you have already made a number of codicils.
The first clause of a new will usually says: "I revoke all wills and
testamentary dispositions of any nature and kind made by me." The
most recent will, properly executed, is the one which will be used
following your death.
Changing your will by marking or crossing out words in the will often causes
problems. It is much wiser to make a codicil or a new will.
You must be of sound mind at the time you make the changes or the new will
or codicil may be challenged in court. Q - Can I cancel my will?
A - Yes. There are five ways to cancel your will, or parts of your will.
This is called revoking a will.
Your
will is revoked if you marry, unless you made the will knowing you were
going to get married.
Parts
of your will may be revoked if you divorce. As of 19 August 2008,
divorce revokes parts of a will that involve a gift to or
provide a benefit to a former spouse or appoint him or her as
executor. There are exceptions. For example, the will, a separation
agreement or marriage contract may specifically say that the terms are not
affected by a divorce.
You can
make a written document saying that you want to revoke the will. It must
be signed and witnessed in the same way as a will. For example, in one
case the bank manager had the will. The testator became ill and signed a
letter to the bank manager that said: "Will you please destroy the
will already made out." This letter was properly signed and
witnessed, and it revoked the will.
You can
make a new will. A new will which is properly executed revokes a previous
will. A codicil revokes certain clauses in a will.
You can
destroy the will or ask some other person to destroy it in your presence.
If your will is accidentally destroyed (for example, by a fire in which
you die) a copy of the will can be used because there was no intention to
revoke.
Q - Is a will made outside Nova Scotia valid
in Nova Scotia?
A - Your will may be valid if it was made outside Nova Scotia. You should
have it checked by a lawyer to see that it meets the requirements of Nova
Scotia law. Q - What happens if I die without a will?
A - When you die without a will you are said to die "intestate".
Your
estate will be divided according to the rules set out in the Intestate
Succession Act. Your property may be distributed in a different way than
you would want.
Common
law spouses are not on the distribution list unless they have a Registered
Domestic Partnership. Then they are covered from the date they registered
the partnership. If there is no Registered Domestic Partnership, the
surviving common spouse may have to go to court to get financial support
or to make a claim on your estate. Children of the common law relationship
are covered in the Act.
There
will be additional expense and delay in settling the estate. This may add
to your family's pain and distress.
Family
members may disagree about how you intended to distribute your property.
The
person who will look after your estate must be appointed by a court and
may not be someone you would have chosen.
If you
and your spouse die at the same time and have not chosen a guardian for
your children, the person appointed as guardian might not be someone you
would have chosen.
The law relating to intestacy also applies when a person dies partially
intestate. This means where you do not dispose of all your property in your
will. The part of the estate that your will does not deal with is distributed
according to the Intestate Succession Act. Q - Who looks after my will when I die?
A -Your executor looks after your will when you die. An executor is the
person or corporation you name to carry out the terms of your will. The
executor's job is to see that everything in the will is handled properly. The
Executor applies to the Probate Court for a grant of probate. This gives the
executor power to handle your estate in accordance with the terms of your will.
The executor will gather together all of your assets, pay your debts and
taxes, and distribute your money and property according to the instructions in
your will.
If you do not name someone to be an executor in your will or if you die
without a will, your next of kin will usually ask the Probate Court to appoint
someone to fill the executor's role. This person is called an
"administrator".
The court uses the term "personal representative" for those
appointed as either an executor or an administrator.
It is best to name an executor in your will because then you can be sure
that your estate will be handled by someone you know well and trust. Also, you
can give broader powers of administration and discretion to your executor than
the Probate Court will give an administrator. Q - Who should I choose as an executor?
A -Most people ask a family member or close friend to act as their executor.
However, you need to be sure that the person you choose has the time and
ability to carry out the many duties of executor and is someone who will get
things done.
Looking after an estate can be difficult and time-consuming. Sometimes it
can include responsibilities that last for years.
Here are some things to keep in mind:
The best
executor is a trustworthy, reliable, and competent adult.
You
should consider choosing someone who has some knowledge about business
affairs.
Choose
someone who is likely to outlive you.
Choosing
someone who lives in the same province as you do may cut down on long
distance phone calls and other administrative expenses.
Your
spouse, a friend, family member, or heir may be able to do a good job as
executor. Many people choose their spouse or main heir as executor.
You may
wish to appoint a back-up executor in case your first choice dies, moves
away, or for some reason is unable to do the job.
You can name your lawyer as executor, but most lawyers do not act as
executors. They prefer to handle only the legal side B preparing documents and
advertising for creditors. Before you name your lawyer check that he or she is
willing to be your executor. Q- Can I choose a trust company to act as my
executor?
A - If your estate is complicated or you do not have a relative or friend
who is able to act, you may want to appoint a trust company as executor. You
should check that the company is willing to act as executor. If you don't, the
company might refuse to act as executor upon your death.
Most trust companies have experience in estate planning. Their advice may
help you plan your estate to save tax and avoid administrative problems. Also,
because such companies are strictly regulated, you can be sure that your estate
will be handled properly and legally.
If there is a chance that a problem will arise among your heirs, a trust
company might be a good choice because it would be an impartial executor. If
you appoint a trust company as your executor, the company may give you free
advice on drafting your will and may store it for you.
There can be disadvantages to using a trust company:
they
usually charge the maximum fee allowable,
they
tend to be conservative investors,
they
probably will not be as familiar with your assets as a friend or family
member,
their fees
are subject to certain taxes which are payable out of the estate.
Before choosing an executor, you may also want to think about the time
involved in administering your estate. For example, if you want to set up a
trust for the care, education, and benefit of your children, this would be a
long-term commitment for an executor. In a case like this, you may want to
consider a trust company rather than someone who might not be able to make such
a time commitment or who may die before the funds in the trust have all been
distributed. Q - Can the person I choose as executor
refuse the position?
A - Yes. A person named in your will can refuse to act (called
"renouncing"). By refusing, an executor makes it known that he or she
does not plan to take on the job and gives up all the rights and
responsibilities of the appointment. If the person you choose is not told until
after your death, and then he or she refuses, your next of kin will have to
apply to the court to appoint someone else. This is why, before you make your
will, you should ask the person whom you want to be your executor if he or she
is willing to take on the job. If he or she refuses, you can appoint someone
else. Q - Can I appoint joint executors?
A - Yes. You can appoint more than one executor (called
"co-executors") to share the responsibility. Unless you provide
otherwise, the co-executors would have to agree on all decisions and both would
have to sign all documents.
C'est entre vos mains: information juridique pour les personnes aînées
Ce livret, "C'est
entre vos mains: information juridique pour les personnes
aînées et leur famille", a été produit dans le cadre du projet
Planification juridique pour les personnes aînées du Legal Information Society
of Nova Scotia.
Le livret est disponible gratuitement et porte sur les sujets ci-dessous :
Les
fréquentations et les nouvelles relations
L'escroquerie,
le vol d'identité et autres fraudes
Les
préarrangements funéraires
Les
droits des grands-parents
La
tutelle des adultes
Les
soins médicaux et le consentement
La
procuration
Le
curateur public
Les
testaments
La
violence à l'égard des personnes aînées
Cliquez
ici pour consulter la version en ligne du livret.
It's In Your Hands: Legal Information for Seniors and their families
As part of the Seniors Legal Planning Project, the Legal Information Society
of Nova Scotia has produced a concise and informative booklet entitled It's in Your Hands: Legal Information for
Seniors and their Families
This free publication covers a variety of topics, including:
Click
here to download the entire publication in pdf. Click Here to view this
publication online.
*Please note that as of September 1, 2014 Nova Scotia's law
about "Grandparents' Rights" has changed, and this
change is not reflected in this edition of "It's In Your Hands:
Legal Information for Seniors and their families". Click here for information
about the changes to the law.
While this booklet is free, if you order it by mail from us, there is a
postage charge of $11.00 per copy. Please call us at 902-454-2198 to order a
copy by mail, or for information about the the cost of sending multiple copies
(courier). Click here to order online.
You may also drop by our office to pick up a free copy. We are located
at:
5523B Young Street
Hydrostone Market
Halifax NS B3K 1Z7
Phone: 902-454-2198
Open: Monday to Friday, 9:30 am to 4:30 pm
The information provided here is intended to give you a general overview of
public and private pensions in Canada. For more information or for
advice, contact the appropriate pension agency or a professional, such as a
lawyer or financial advisor.
Do you have something to say about powers of attorney? Nova Scotia's Law Reform Commission
is currently doing a public survey about powers of attorney, and would like to
hear from you! Click here to find out more.
For more answers to your questions about Powers of Attorney click
here to download (pdf) the Powers
of attorney section of 'It's in you hands: Legal Information for
Seniors and their families'. Q - What is a power of attorney?
A - A power of attorney is a legal document that lets you give another
person authority to act on your behalf. If you are giving someone the authority
to act on your behalf, you are called the donor. If you are the person
receiving the authority, you are called the attorney (even if you are not a
lawyer).
Giving someone a power of attorney does not limit you from acting on your
own behalf. You still have control of your financial affairs and are free to
deal with your property, money, and investments. Q- What is an enduring power of attorney?
A- An enduring power of attorney is one that specifically provides for the
power to remain in force if the donor becomes mentally incompetent (loses legal
capacity). Q - When would I need a power of attorney?
A - You might need a Power of Attorney because you are ill or physically
infirm, or because you will be travelling or working away from home for a while
and need someone to look after your affairs while you are away or for some
other reason you are not able to deal with your affairs. As well, accidents
happen every day that result in permanent or temporary incapacity. Q- When is it too late to give a power of
attorney?
A - It is too late to give a power of attorney if you are not mentally
competent. Competency is sometimes an issue where the person wishing to give a
power of attorney is suffering from progressive dementia. In this situation, it
may be necessary to get a medical opinion as to whether the person is
competent. Q - Who can be my attorney?
A - Anyone who is at least 19 years old and who is mentally competent can be
your attorney. You should choose someone you trust and who will carry out your
wishes.
If you do not wish to give a relative or friend power of attorney, you can
appoint a lawyer or trust company. Also, depending on the circumstances, the
Office of the Public Trustee may agree to act as your attorney. The Public
Trustee is an official appointed by the provincial government who manages the
affairs of persons who, for one reason or another, are unable to manage their
own affairs. (For more information, see the section on the Public Trustee in
our publication 'It's
In Your Hands: Legal Information for Seniors and their families".) Q - What are the legal requirements for a
power of attorney?
A - The donor and the attorney must both be at least 19 years old and must
be mentally competent. They must be able to understand what it means to give
and receive a power of attorney.
The power of attorney must be in writing and signed by the donor. It is wise
to put it under “seal” because some purposes for which the power may be used
require it to be under seal. Sealing means that a red seal (available from
office supply stores) is attached to the document opposite the donor’s
signature.
Often, the donor’s signature is witnessed by another person. This is not a
legal requirement but is commonly done.
An enduring power of attorney, however, must be witnessed. The witness must
be at least 19 years old and cannot be the attorney or the attorney’s spouse.
A power of attorney does not have to be signed by the attorney. However, if
the attorney is to have access to a bank account, the bank will need the
attorney’s signature for its file.
If you are unable to sign the Power of Attorney, you can place your mark on
it. A mark is a cross or other symbol used in place of a signature. A witness
should sign a statement saying that the mark was made by you. This statement is
called an affidavit.
If you are visually impaired, you should have the contents of the document
read to you before you sign it or place your mark. A witness must sign an
affidavit that the document was read to and understood by you before you sign
it or place your mark on it.
Affidavits must be sworn before either a commissioner for oaths or a notary
public. Q- Where can I find a commissioner for oaths
or a notary public?
A - All lawyers are notaries public and commissioners for oaths. In
addition, some people who are not lawyers are also commissioners for oaths. You
can usually find commissioners in the local provincial court clerk’s office, in
the Town or City clerk’s office, in government offices, hospitals, and homes
for special care. Q - What powers will my attorney have?
A - You choose what powers to give your attorney.
A general power of attorney gives the attorney power to act in every
capacity for the donor.
A specific power of attorney gives the attorney power to carry out specific
acts only, such as the power to sell land or access a bank account.
You must be sure that a specific power of attorney gives your attorney
enough power to complete the task. For example, a power to purchase a piece of
land should include the power to sign all documents necessary to complete the
purchase. Q- Do I need a lawyer?
A - No, but a power of attorney is an important legal document and it is a
good idea to have a lawyer draw it up for you. A lawyer can explain the legal
consequences of giving a power of attorney. The lawyer can tell you whether the
terms in your power of attorney will allow the attorney to do the task you
require. Also, because each specific power of attorney is unique, it is wise to
have a lawyer write it for you. Q - Can I buy a power of attorney form?
A - Some office supply stores may have forms for general powers of attorney.
There are also books that provide examples of forms.
There is no standard form for a specific power of attorney because the
wording will depend on what powers you want to give your attorney. You or your
lawyer will have to draw up the form to fit your specific needs. You will
usually need a special form from your bank if you want your attorney to access
your bank account. Q - How much will it cost?
A - A general power of attorney form from an office supply store costs a few
dollars. Banks do not charge a separate fee for their power of attorney forms.
Lawyers’ fees will vary depending on how long it takes to draw up the power
and the number of times the lawyer meets with you. You should ask the lawyer
about his or her charges.
Other costs:
• Your attorney may have out-of-pocket expenses, such as for postage and
telephone.
• If your attorney is a lawyer and you ask him or her to do work related to
being a lawyer such as purchasing property or drawing up a will, he or she may
charge for doing these tasks.
• The Public Trustee and trust companies charge fees for acting as your
attorney. Fees are based on the value of your estate and your income.
A friend or relative is not entitled to any fee unless there is an agreement
between the two of you for payment. In that case, you should include the
terms of payment in the Power of Attorney document. Often a family member
or a friend acts as an attorney without payment. Q - Can my attorney use my bank account?
A - Yes, if you give him or her the authority to do so. Banks and other
financial institutions usually have their own power of attorney forms. Your
bank will tell you if they have special forms to fill out and procedures to
follow.
The bank form may limit the attorney’s powers to deal with particular
accounts or it might include power to deal with investments and safety deposit
boxes held by you. You should discuss your needs with bank staff.
Usually the bank form can only be used to cover dealings with that bank. It
may not be used to deal with your affairs in general or to deal with other
banks.
Be sure to read the form carefully before you sign it. If you do not
understand any of the terms, you should talk to the bank manager and to your
lawyer. The bank will also need the attorney’s signature for their files. Q - Can a power of attorney be used to buy
and sell land?
A - Yes, if you give him or her the authority. The power of attorney must
then also be registered at the Land Registration Office for the area where the
land is situated. Each area has its own registry. Phone numbers are listed in
the blue Government pages of the phone book under Land Registration or visit
www.servicens.ca/land and click on property on-line.
The Land Registration Office currently charges a registration fee of $83.51
for the first page, plus $1 for each additional page. Fees change from time to
time. You can contact staff at the Land Registration Office for information on
fees.
If your power of attorney allows the sale or purchase of land, it must have
an affidavit attached to it before it will be accepted for registration.
Land transactions done with a power of attorney are not valid until the
power is registered. Q -What happens if I become mentally
incompetent?
A -If you become mentally incompetent, the power becomes invalid unless you
have an enduring power of attorney. An enduring power of attorney says that you
wish the power to continue even if you become mentally incompetent.
If you do not have an enduring power of attorney and you become mentally
incompetent, a guardian may have to be appointed by the court to handle your
affairs.
If you have an ordinary power of attorney you may wish to replace it with an
enduring power of attorney to enable your attorney to continue to act should
you become mentally incompetent. Q - Can my attorney consent to medical
treatment for me?
A -Yes, if you give him or her the authority to do so. The Nova
Scotia Personal Directives Act also lets you give a person authority to consent
to medical treatment on your behalf if you become mentally or physically incapable
of giving consent. The person you authorize to consent on your behalf is
generally called your delegate. The consent can be included in your
Enduring Power of Attorney or it can be a separate document called a personal
directive.
If you decide to include medical consent, your Power of Attorney must be in
writing, signed by you, and witnessed. The witness cannot be the delegate
or the delegate's spouse. Both you and your delegate must be at least 19
years of age and must be mentally competent. Q - How does a power of attorney end?
A - A power of attorney can end in any of these ways:
a) Notice by the donor: You, the donor, may cancel a power of attorney by
giving notice to the attorney. The notice must be in writing, dated, and signed
by you. You should also:
write organizations and companies who deal with the attorney telling them that
the power has been cancelled.
Ask the attorney and anyone else who has a copy of the power of attorney to
return it to you. However, banks and other organizations may need to keep the
document for their files. Give written notice of cancellation to the Land
Registration Office if the power of attorney is registered.
b) Notice by the attorney: Your attorney can give you notice that he or she
no longer wants to act as attorney. You should notify the bank and others that
the power has been cancelled.
c) Mental incompetence: If you become mentally incompetent, the power of
attorney is automatically cancelled unless it is an enduring power of attorney.
If the attorney becomes mentally incompetent, the power is automatically
cancelled, unless you have named a back-up attorney.
However, a person who deals in good faith with the attorney and who does not
know that the power has been cancelled can rely on the power of attorney.
In some circumstances, where the Public Trustee is acting for a person who
becomes mentally incompetent, the Trustee will continue to act on behalf of
that person.
d) Death: If either you die the power of attorney is cancelled. If the
attorney dies the power of attorney is cancelled unless you have named a
back-up attorney.
If the Public Trustee is acting on behalf of a donor who dies, the Trustee
will continue to act until a court appoints someone to administer the estate.
e) Bankruptcy: If you become bankrupt, the Trustee in Bankruptcy takes over
all your financial affairs and the power of attorney is cancelled.
If the attorney becomes bankrupt, the power of attorney is not automatically
cancelled. The power is cancelled only if the bankruptcy makes the attorney
unfit to carry out his or her duties.
f) Time: Where a specific power of attorney is given to complete a specific
task, for example to purchase a house, authority under the power of attorney
ends when the task is completed.
If a specific power of attorney authorizes the attorney to act on an ongoing
basis, the power continues until it is cancelled in one of the ways outlined
above.
A general power of attorney may continue indefinitely or it may be for a
specific time. Q - Do powers of attorney have to be
registered?
A - Registration is only required when a power of attorney allows dealings
in land. Such a power must be registered at the Land Registration Office. Q - What are the risks in giving a power of
attorney?
A -Most attorneys are honest and do their best to manage your affairs in
accordance with your wishes. Sometimes an attorney might use the donor’s
property for the attorney’s own benefit. Or, the attorney may deal with
property in a manner that goes against the donor’s wishes because the attorney
believes that he or she knows what’s in the donor’s best interests.
Depending on the terms of the power, your attorney may be able to withdraw
cash from your bank accounts, buy and sell investments on your behalf, deal
with your property, and sign contracts on your behalf. If your attorney has
power to deal with your bank accounts and investments, your bank will not
usually tell you that cash is being withdrawn from your account. Some banks may
have a policy to tell you if large sums are being withdrawn.
You should make sure you know what your power of attorney is being used for. Q - What can I do to prevent misuse of a
Power of Attorney?
A - Choose your attorney carefully. He or she must be someone you can trust
and who will respect your wishes. You might appoint two attorneys to act
jointly. You should always name a back-up attorney in your Power of
Attorney.
Keep informed about your affairs. Do not hand over all responsibility to
your attorney.
Have your attorney give you regular updates on how he or she is managing
your affairs.
If you have a lot of savings, property or investments you might consider
appointing a lawyer or trust company to act on your behalf. Look carefully into
the costs before you decide who to appoint.
Give a specific rather than a general power of attorney unless your
circumstances require a general power.
Check bank statements and cancelled cheques carefully. Place a limit on the
amount that your attorney can withdraw without additional authority from you.
If you have investments arrange for your investment dealer to keep you
informed.
Make an inventory of your property, jewellery, savings, furnishings and
investments and keep it up to date. Q - What can I do if my attorney misuses the
Power of Attorney?
A - The following options may be open to you depending on your circumstances
and your relationship with your attorney. At the very least you should talk
over your concerns with your lawyer or someone else you trust.
If you believe that your attorney is abusing his or position you can cancel
the power. Ask your attorney for an account of how he or she has managed your
affairs.
If your attorney is using your property or money for his own benefit without
your consent you should talk with a lawyer and the police. It is a criminal
offence to misuse a power of attorney.
If you have an enduring power of attorney and later become incompetent your
attorney will be required to account for how he or she has managed your
property.
Anyone who believes that the attorney is abusing his or her power may make
an application to the Nova Scotia Supreme Court. The person should first talk
to a lawyer. The court can order the attorney to give accounts to the Public
Trustee. The court may also remove the attorney and appoint someone else to
manage your affairs. An attorney can also voluntarily give an accounting to the
Public Trustee.
Under the Adult Protection Act a judge may, where an adult is in need of
protection, inform the Public Trustee where the adult’s attorney or guardian is
neglecting the adult’s property or dealing with it in a way that is not in his
or her best interests.
LEGAL AID NOVA SCOTIA-Are you
struggling with criminal law, family law or social justice issues? Start with
Nova Scotia Legal Aid. Nova Scotia Legal Aid (NSLA) is "Here to
Help" all Nova Scotians.
LEGAL HELP 4 INJURED WORKERS-Are you
an injured worker who needs free legal help appealing from a Workers'
Compensation decision? Start with Nova Scotia's Workers’ Advisers
Program.
MONEY- MONEY – MONEY-November is Financial Literacy Month. Have you ever felt
overwhelmed by your finances? You are not alone. Sometimes it lasts just for a
moment when our debit card is declined or our credit card bill seems to be a
bit higher than we had expected.
A will, sometimes called a ‘Last Will and Testament,’ is a formal document
that says how someone’s estate (property and things that they own) is to be
dealt with when they die.
2. How can having a will help me
in my family law situation?
Sometimes wills can be used to address where children might go to live if
one or both of their parents dies. For example, if you and the other parent of
your children were not, or are no longer, together as a couple, and you do not
wish for your children to live with the other parent should you die, you can
indicate this in your will. You would specify with whom you would like your
children to live if you pass away, and you should indicate why you would like
the children to go to live with this person instead of with the other parent.
BE AWARE, however, that just because you indicate something in your will,
particularly around the parenting of your children if their other parent is
alive, doesn’t mean that this is what will automatically happen should you die.
If the other parent wishes to, they can apply for custody of the children,
regardless of the wording in your will. Your will simply shows your
preferences. It is always up to a judge to determine whether your preferences
are in the best interests of the children involved if the other parent chooses
to make an application.
In any event, it is a good idea to have a will, especially if you have
children and/or property. Speak to a lawyer who prepares wills for help or for
more information. Be cautious when using a ‘wills kit’ on your own – often,
these types of kits are not monitored by any specific agency, and they may or
may not be in the form you need. If your will is not prepared correctly, it may
be considered invalid.
For information about making a will, click here.
3. Can I give custody of my
children to someone in my will?
You cannot give ‘legal custody’ of your child to someone in a will, but you
can indicate with whom you wish for your children to live should you die. The
person your children go to live with if you pass away may have to make a formal
application for custody when this happens so that they are able to fully act as
a parent for the child(ren). For example, if someone has a court order giving
them custody of their children, and they die and the children go to live with
the other parent as a result, that parent may now have to apply to the court to
have the order changed.
4. Do the family law courts in
Nova Scotia deal with wills? What about Power of Attorney?
Wills are generally not something dealt with in family law. The Probate
Court usually handles these matters. Some matters might cross over between
estate law and family law, such as when a person dies and a family member
believes that they are still a dependent and have not received adequate money
from the estate (Testator’s Family Maintenance Act)
or situations where a person is claiming an interest in property that a will
has designated for someone else (Matrimonial Property Act).
For information about Probate Court in Nova Scotia, click
here.
The family law courts also generally do not deal with issues of Power of Attorney or living
wills.
5. I have a will and I'm getting
divorced - what do I need to know?
Parts of your will may be made invalid (be revoked or ‘canceled’) if you
divorce. When you get divorced, any part of your will that provides a
gift or benefit to your ex-spouse, or an appointment of them as your executor
or ‘personal representative,’ could be revoked, depending on the terms of any
court order, marriage contract, separation agreement, or Minutes of Settlement,
and whether the will was made before or after the order or agreement.
Documents, like a separation agreement, may state that the terms of your will
won’t be affected by a divorce. You should talk to a lawyer for advice if you
have a will and are getting divorced, to make sure you know how your will may
be affected and that all of your important documents are prepared the way you
want them to be.
6. I have a will and I'm getting
married - what do I need to know?
Unless you knew that you were getting married at the time your will was
written, and this is stated clearly in the wording of the will, your will
likely will become invalid (it will be revoked or ‘canceled’) when you get
married.
If you are drafting a will, and you are getting married, and you want your
will to remain valid once you are married, you will likely have to include a
statement that you are making this will in contemplation of your upcoming
marriage, and state the name of the person to whom you are getting married.
A hearing or trial should usually be the last
resort for solving a legal problem, especially if the legal problem involves
parenting. Some people want to have their ‘day in court,’ expecting that they
will be allowed to stand in court and just ‘say their piece.’ Remember that
what you see on TV is not usually the way courts and the legal system work in
real life. There are rules that have to be followed about what you can say in
court and what evidence you can present, and these rules will not be
disregarded just because you may be representing yourself. People involved in a
court case at a hearing or trial cannot just get up and talk when they want.
If you go to court, a judge must decide what to
do in your case based only on the sworn evidence they hear or read in any
affidavits filed, or any exhibits or reports that are taken as evidence. If you
do not have a lawyer, you are still expected to know and follow the rules of
the court about how to present your case. This can be confusing and stressful.
Sometimes court is necessary, for example, if the
situation involves issues like violence, or if all other available methods of
fixing the dispute have been tried. While going to a hearing or trial will
allow a judge to make a decision in a case, it is important to realize that
their decision is made using very specific, narrow legal rules in a very
structured court setting.
When you go to court to have a judge make a
decision in your case, you are giving someone else the power to make decisions
that will impact your life, and perhaps your children’s lives. The judge
hearing your case does not know you or your children personally, and can only
make a decision based on the proper evidence put in front of them. Wherever
possible, it is best that you and the other party or parent try to come up with
an agreement that works for all of you, especially when it comes to parenting
arrangements. The judge will do their best to make a decision that is in your
children’s best interests, but sometimes neither parent may be happy with the
result. Parents who can work together to come up with solutions are often the
best people to create custom-made
plans to parent their children, because they know their children
best.
A judge cannot supervise the terms of an order or
decide things like support or parenting issues on an ongoing basis. Judges
will, most often, use the traditional custody/access language in making a
decision and will base decisions about support on income information that is
known at the time of the hearing. In the case of parenting issues, this can
create inflexibility that may disadvantage both parents and children as the
situation changes, as the order may no longer fit the new situation.
The court process also puts one person against
the other and can increase hostility and resentment between the people
involved. We call this legal process an ‘adversarial process.’
If a person representing themselves in court does
not do a good job of presenting their case, or does not understand the law or
legal procedures, then they run the risk that things may not go well at a
hearing or trial. They may not be able to do anything about it afterwards as
appeals can only be made under certain situations – they are not a second
chance to present your case.
The judge will require the parties and any
witnesses they are calling to file and exchange information before the hearing
so that what is in dispute can be identified and an appropriate court time set.
This may result in more than one court appearance and could involve delays if
the parties are not ready.
Any person going to a hearing or trial should
have legal advice, or better yet, legal representation. Talk to your local
court about other ways you may be able to resolve your legal disputes aside
from a hearing or trial, or click here.
Remember that a judge cannot act as a lawyer for
either party and cannot fill in the gaps of your case for you. Self-represented
people are supposed to know the law and legal rules. People can help themselves
by learning more about the law, the rules and procedures to follow. Reviewing
the links to other parts of this website may also be helpful. There is really
no substitute for getting advice or representation from a lawyer. For
information on how to get legal advice or find a lawyer, click here.
For more information about preparing for
court, what goes on in the courtroom, and what happens after a hearing or trial
is over, click on one of the selections in the menu to the left.
www.novascotia.com/explore/culture - Cached - Similar
Our culture is written in the lives of our people. It's
also written in our stage plays, movies, music and art. Our
artisans craft unique expressions in their art, ...
------------------
BLOGSPOTS
AND WORDPRESS- SENIORS AND DISABLED
BLOGSPOT:
O CANADA- tips 4 seniors- disabled- fire - how 2 make do and some hints-
Canada/USA/Aussie/Europe/UK etc. from dressing 2 shopping 2 living- feeeck em
all...do it your way...oops sorry Pope.
Seniors dying/burial/living in poverty $$$- IN CANADA-NOVA SCOTIA- Don't be
afraid- God loves us old sinners- getting prepared-write ur own obit- find out
$$$ 4 burial 4 poor folks/Women- ur rights/Pensions- Income- LIVING IN POVERTY
HELP- One Billion Rising- girls and women matter Nova Scotia and Canada
BLOGSPOT: OLYMPIAN CLARA HUGHES- MENTAL HEALTH CANADA
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Clara Hughes CANADIAN OLYMPIAN- Finishes Bike Ride -July 3 update-from the
mouths of the children- JUNE 26 UPDATE- CANADA DAY'S COMING-JULY 1- GET UR CANADA
ON -4 CANADA OLYMPIAN CLARA HUGHES BIG RIDE 4 MENTAL HEALTH FOLKS- send her
tweets of support and love- Hey it’s Canada –Mental Health matters. NEWS
UPDATES-Teen/Youth/PTSD/Abuse/Bullying stuff /Our Olympian Clara's completes
journey 4mentalheal-let's talk-July 1- Clara's in Ottawa CANADA DAY 2014/SEPT
24 NS RCMP- preventing violent encounters -respect homeless and psychiatric
problems DO LIST
SENIORS-How2sorturhouseholdgarbage/ PEOPLE WITH DISABILITIES- Nova Scotia
Canada- Global hits-NOVA SCOTIA SENIORS How 2 prepare4disaster/International
Disability and Senior Links/Mental Wellness/Wheelchair/coping with disabilities
proudly- RECYCLE- how 2 separate your householdgarbage and electronic waste
(thanks Kings Co. Nova Scotia) - let’s git r done Canada... and world....
Seniors and Disabled matter- all links provided- thx
Canada-USA-UK-Aussies-Europe etc.
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CANADIAN SENIORS ARE GETTING RIPPED OFF-12 Monthly 4wk cheat 2 full weeks- same
4 poverty systems- O Canada- Nova Scotia?? This is soooo 60s and this is
2014!!1 Fix it or lose our votes in 2015/Sept 25- Holy Sheeeeet Sherlock -Linda
McQuaing's IPOLITICS article- real war over inequality isn't between old and
young- awesome/Sep. 25- OLD AGE... POPULATIONS GLOBALLY- AND YOUTH - GLOBAL
MAPS OF AGES 2014... O Canada, Africa has all the young ones and a bit Middle
East - world is changing http://nova0000scotia.blogspot.ca/2014/09/canadian-seniors-are-getting-ripped-off.html
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CANADA MILITARY NEWS-Wheelchair Rights in Canada/ Hey Nova Scotia- Hey Canada-
if ur driving and u hit and badly injure or MURDER a pedestrian in a crosswalk,
highway, bicycle or bike rider on the highway SHOULDN'T U DO 10 YRS HARDTIME-
instead of a ticket 4 murder?? OR HIT BY LOUSY DRUNK DRIVER... SHOULDN’T U GET
LIFE???/Disability Rights in Canada March 25-2015
CANADA MILITARY NEWS: June26- Come Visit Nova Scotia-history-culture-
Music-jazz,blues,hiphop/rap, folk, humour,country, kitchen-check out r
cultures-the fun 4 all ages n disabilites-Mi’kmaq,Black Loyalist, French
Acadians,Scots,Irish,China,India,Japan,Jamaica,German,Dutch-200
cultures-come visit
Canada’s most iconic – Lobster- Come Visit Nova Scotia – go fishing with r
fishers-church suppers- Canada’s Ocean Playground- recipies- Maritime Lobster
Panel Report- Canada’s Atlantic Nova Scotia has the most frigid waters 4
Lobster – why their shells are perfect all year round- Largest lobsters ev-a
photos/fisher videos…
CANADA MILITARY NEWS:
-Why Youth Don't/Won't Vote in Canada- there's your trouble-
youngbloods don't care 4 any of the parties or leaders in Canada because
they are so dumbed down about the real Canada and grassroots everyday
folks just like the rest of world- why are so many politicians so damm
old???Federal Canada has 4 Youngblood Leaders-but communities???--
Canada and America are young and vibrant- WTF???- and Italy some in 80s-
???/How 2 run 4 office/Britain's Green Party nails it/comedy/Why don't
young vote (TELLING US WHY-USA ESSAYS) and honouring old folks who
do/some nasty political history of all parties-NEW ETHICS NEEDED FOLKS
OF CANADA /updates/THE ENVIRONMENT MATTERS...not 2 tree cutting poster
posers- but everyday folks who walk the talk-ask South Africa
Hilarious- Sweet Jesus, Mother Mary and Joseph- funny
“Canada, eh.” ~ Oscar Wilde on Canada
Welcome to the Mother Ship of amateur comedy writing!(Amateur means we don't pay you to do it.) We hope you will pick a user name, stick around, and let us show you how to write funny fake encyclopedia articles!
Canada/History
Canadian history is passed down orally, which can be hard on the knees. This is because over half of all Canadians are illiterate and the other half can't read or write[1]. This has the unfortunate consequence of the accuracy of Canadian history ("history" from the Greek word Historicus meaning "comfortable lies") starting out poor and going downhill from there. Paragraphs starting in italics (Italian for "leans way over") are of even more questionable accuracy than the other non-italic paragraphs which are not terribly accurate, just terrible. Also note: Canadian history is just like the history of other nations, less most of the blood, sex, and betrayal. In short, it's less "Melrose Place" and more "Full House".
History, Canadian Style
Remember these dates/places:
1066 or thereabouts
Canada is discovered by the Vikings, most of whom move on to Minnesota. Some stay in Canada, though, and use the place as a base for raiding the refrigerator, the stock market, and Western Europe. This causes no end of cognitive dissonance amongst the Western European peasantry, who didn't really expect this behavior from Canadians. You just don't expect a good Canadian to do this sort of thing without apologizing profusely to everyone involved beforehand. One imagines Canadian Vikings as being very nice people on the whole, the sort of people who would go to an old lady’s house, knock on the door, and politely ask the owner, “I’m sorry to disturb you, ma’am, but do you mind if me and my mates loot, rape, and pillage here for a little bit, eh? We’ll clean up once we’re done, and I promise we won’t make too much noise.”
Pre-Canada Canadians went south and torched Washington because Americans are too fucking stupid and full of themselves. American brains are basically mush and cannot process short-term memories into long term memories and, thus, forgot about the incident and repaint the White House (prev. just called the House). They also make up an annoying, egocentric national anthem (although, except for the "bombs bursting in air" part, no one remembers its lyrics). They believe the world must know it, but in reality, no one actually cares. Canada on the other hand, came up with a lamer national anthem; the anthem's lyrics far simpler for the minds of the western world (especially those of Canada, who suffer from basically 'freezerburned' brains).
The year on which the War of 1812 occurred has been disputed by many prominent historians, including that-guy-with-the-moustache, and what's-his-name.
1843-1857 - The Quebec Wars
Lower Canada (Quebec) and Upper Canada (Canadia) went to war with each other over whether to speak French or English. Alexander Mackenzie defeats Le Compte Jean-Jacques Claude le Duc du Gastonsalisbury Chardonnay Sauvignon Blanc at the Battle of the Plains of Abraham, uniting Canada forever and ever and ensuring that Canadians always, always get along.
July 1 1867 - Confederation Day
Canadian prime minister Sir John Eh? MacDonald
Like Independence Day, but without the big budget (no explosions, fresh prince, the fly or that guy from Taxi). Interestingly enough, dimwits from the American South came to Canada for the occasion, convinced (mistakenly) that the occasion was for the revival of the Confederacy (they thought "free slaves" meant that Canada was having a sale). Then in August winter hit and they went home.
Confederation Day is generally celebrated by finding a moose, tying beer cans to it, and electing it to public office.
Although called a confederation, it was really a federation. Those sneaky Canadians.
First episode of Front Page Challenge airs a good sixty years before television is invented. It's followed by Hockey Night in Canada, which ironically showed the "Maple Leafs"[2] lose.
1873-1878 - Alexander "Doug" Mackenzie
Signs into law a bill recommending that "...all institutions, government office, products, everything and everyone else attempt, in good stead, to be Canadian in all things." This is accomplished by adding Canada or one of its derivatives to the name of absolutely fucking everything. Witness CBC "Canadian Broadcasters of Canada", CTV "Canadian TransVestites of Canada", Molson Canadian Beer, the Vancouver Canucks, the Montreal Canadiens, RCMP "Really Canadian Mounted Police", NORAD "NORth american Air Defence of Canada" and Canadian (ne back) bacon. In being annoying it succeeded admirably. In being delicious Canadian bacon succeeded admirably.
1896-1912 - Sir Wilfred Laurier
Sir Laurier invents the ten dollar bill, colours it purple and puts his uncannily Spock-like face right on the front to prove that he's a pretty girl. The world responds by making it worth about nine bucks US.
He was also quoted as saying, "The nineteenth century was the century of the United States[3]. I think we can claim that Canada will fill the twentieth century." which proved to be almost Magic 8 ball-like in its uncanny accuracy.
1914-1918 - World War I
World War I took place here
British Canadians go to Europe for Britain and come back Canadian Canadians, if they come back at all. This was partly due to the Ross Rifle (there was also some dude who was a cheepass and actually -seriously- made Canadians wear cardboard boots!) and partly due to a total lack of ammunition (the same guy who gave them cardboard boots was the cause of this). Nonetheless Canadians remain proud of helping to throw away a whole generation of men and are even prouder that nothing like WWI ever happens again so they can go on eating their bacon and Tim Hortons doughnuts.
1915ish - Gallipoli
Canadians redefine "turkey shoot". Later made into a movie with a bunch of Australians. Canadians ignore the fact they were barely involved (1,076 people from Newfoundland) in a campaign that went really, really, badly, and the actual fact that Newfoundland didn't become part of Canada until 1949.
1915-1917 - Battle of Ypres
Canadians take a town from the Kaiser twice in 1915 and once in 1917. They then, being Canadian, apologize and give it back.
1916 - Battle of the Somme
Canadians run up a hill or something, bravely getting shot while bravely yelling, "Bang, eh!" in return. They get to the top and plant the flag - CTF is born.
1917 - Battle of Vimy Ridge
After months of -15 degree centrigrade weather, the Canadian troops could no longer take the stifling heat, stripped down to their underwear, and stormed the German trenches. Blinded by the glare off the Canadian's pasty skin, the startled Germans turned and ran. Still considered the greatest Canadian military victory of all time.
Sept 10 1939-May 9 1945 - World War II
World War II took place here
Canada declares war before the USA and immediately the government forms a "royal commission" to decide on which side Canada will be.
They also imprison Japanese-Canadians, steal their property, sell it, and don't free some of them until well after the war...and these were their fellow Canadians, just imagine how much they'd have fucked up Japan if Canadians could swim.
German SS Base in Canada
In order to seize Canadian marijuana fields, maple syrup production, Canadian bacon, and free healthcare, German SS troops form a base near Nova Scotia. They later formed the Dixie Chicks.
1940ish - Miracle at Dunkirk
A bunch of guys trying to retreat get off a beach successfully. Chock up one for the good guys and give Jerry a right good fight. Hip hip, Hoorah!
Dec 25 1941 - Fall of Hong Kong
Canadian and British troops, facing tremendous odds, bravely surrender to Japan. They plan to defeat the Axis from the inside - most don't, few make it home. Later made into a movie with Obiwan Kenobi, or not.
19 August 1942 - Dieppe Raid
Canada enter Dieppe and, um, raids its pantry. Pastries are consumed, baking soda is mixed with vinegar; hilarity ensues. They lost almost half the soldiers they sent into that battle and would later find out that the British were joking when they told them to go there.
June 6 1944 - D Day
Originally called Normandy Invasion Day but military strategists thought that was "too on the nose". Canadians take Juno beach from Kaiser Jr. and kill anyone that blocks their view of the ladies ("Juno" being French for "nude", "beach" being French for "beach").
May 8 1945 - VE Day
Canadians kill Hitler, win WWII and come home since the war is absolutely, completely, and totally over. Americans, having the warped sence of reality that they do, believe that they won the war. They were dead wrong, and their beer still remains watery and piss-like.
1945 - Tim Horton
Tim Horton was obviously a hockey player who's career debuted in 1945. Hockey is one of the only sports in Canada except for Lacrosse which is like hockey but with a stick and a sock, and Curling, which isn't a sport at all but is the act of throwing a rock down a sheet of ice and using a broom for some thing. In 1945, he moved to a place called Sudbury, somewhere near a beaver, in Ontario. Tim Horton is a very significant part of Canadian History.
Somewhere between 1945 and 1964 there was some history that I am too lazy to write. Anyway, Tim Horton, in 1964, opened a self-titled food restaurant that Canadians would soon develop an obsession over: Tim Hortons (seriously, though, they kick dunkin' donuts straight in the arse!). Other names for Tim Hortons include Timmies, Tims, and Timmahz. Tim Hortons first started selling doughnuts and coffee but later moved on to selling more shit. Infact, Tim Hortons founded the term Double Double which refers to 'Double cream, Double sugar'. Double Double can be found in the Candain Oxford Dictionary along with the terms Banca Canda and Arsey Em Pee.
In 1974 Tim Horton got in a carcrash and died. A year later, Tim Hortons resturant came out with little bite-sized balls of doughnut dough called 'Timbits' in his honour. (It is not known if that was based on the fact that Tim Horton was killed and most likely dismembered in that accident, although it is a little bit brutal to imagine the origin of the term Timbit.)
From then on, Tim Hortons became Canada's main food-source. Tim Hortons raided most of Canada and part of the USA but were stopped by the angry Dunkin Donuts because Tim Hortons' coffee did not 'taste like liquid shit'. Being Canadian, Tim Hortons does peacefull things in the world like raping and pilaging. On occasion, usually called The Season (from late February to late May) Tim Hortons resturants set off a huge campaign. This campaign is known as 'Roll Up the Rim' where trillions of Canadians would Rrroll up the Rrrim to Win. Roll up the rim is now the biggest Canadian tradition, where the rim of a take out coffee cup is rolled up to win one of the various prizes (which is usually the term 'Play Again'). In attempt to stabalize the Canadian economy, Tim Hortons sends 2578998765252 economically disadvantaged Canadian children to consentration camps to hand-paint the cups for next years season.
April 1 1949 - Newfoundland
The communist island of Newfoundland annexes Canada as part of an elaborate April Fool's Day joke. This is later seen as a rather bad move by the majority of Newfoundlanders, who go on to wish they really hadn't had that much beer on March 31. Although Canadians' favourite dish is deep fried cod tongues, Newfoundland's Seal Flipper Pie becomes Canada's National Dish.
25 June 1950 - 27 July 1953 - Korean war
Canadians come for the war, stay for the Kim Chee. Later turned into a movie that was about Vietnam and a TV series that wasn't about anything and was on for-fucking ever.
Jul 1 1954 - Canadian Tire
First Canadian Tire store opens, sells its tire, and closes. After hiring managers/employees/merchandise/etc it reopens, ensuring that, as the catchy Canadian Tire commercials state, "Canadians have moderately good access to products of reasonable quality for reasonable prices".
Canadian Tire then invents the second official Canadian currency, Candian Tire Money, which is colourful and is known by USians as fraktional billies, because they are measured in cents. This gives rise to the Canadian Tire Cent, the base coin of Canadian currency henceforth, except that it's a bill. Bible belt Americans dutifully exchange Canadian Tire money into American pesos for use on the illegal immigrant-run black markets down south eh?
8 Aug 2008 - Fourteenth US invasion of Canada
All four US military services see involvement in the opening minutes of this invasion, which lasts roughly until the end of the first commercial break of the Ducks-Leafs exhibition game.
The US Air Force begins providing carpetbombing services to major Canadian cities until Calgary resistance issues statement that Canadian housewives prefer hardwood to carpet. This should not have come as a surprise. Not that Canadian housewives were getting enough of either in the first place.
The US Navy destroys the entire Canadian submarine fleet in a single letter to Parliament explaining that the old, American, rusty, decommissioned diesel-powered derelicts are "no longer available for sale to you pathetic Francophiles."
US Marine forces attempt to secure positions within Canadian borders early. Attempts are stymied and US policies are severely tested when Canada places Peter North on the front lines. New US policy adopted immediately by "grunts" (hey, it's their nickname, not ours) comes (pardon me) to be known as "Don't ask, don't tell, don't look, RUN AWAY!"
US Army begins simultaneous land invasion along Saskatchewan-Manitoba border in attempt to deplete Canada of its vast bacon supplies, until an investigation of their existing c-rations reveals that Canadian bacon is really the exact same thing as a thickly-sliced Minnesota ham. Everyone heads home deeply unsatisfied.
US President Mugabe eventually concedes he was acting on false intelligence from the CIA (Canadian Information Alliance, service provided by Russell Peters, Rick Mercer, and Ralph Klein), calling the intelligence report "gay." Mercer appeals to World Court to have Mugabe indibted for "crimes against humanity" and "being a dick, except, not that kind."
As part of armistice deal, US agrees to "slightly moisten" Canada Dry.
Subsequent RCMP investigation into how it is, exactly, that the above was posted on http://uncyclopedia.wikia.com on August 7, 2008 never arrives at satisfying conclusion. Committee disbands by 9:15am and heads over to Tim Horton's for double-doubles.
=1956 - Lester "the Molester" Pearson & Suez Crisis
Creates the United Nations peacekeeping force, thus ensuring that nobody anywhere will ever be harmed again, ever. Canada sends a trickle of soldiers on UN tours.
History, "Fox News" Style
The American-Canadian War
After years of moderately peaceful coexistence America finally tired of Canada's "Hippy Pinko Bullshit", and Canada decided they were tired of America's pesky attempts at world domination. So the dogs of war were unleashed and the American army pushed north, brutally slaughtering literally tens of Canadian soldiers during beaver fever.
This, of course, angered Canadians to the point of apology.
Unfortunately American forces continued to push north, accidentally knocking over a T.V. antenna in the process. This led to the population of the entire city of Winnipeg (all 16 of them) missing the final period of a Jets/Nordiques game.
Pushed past the point of politeness, Winnipeg then pushed back, forcing the invading army back with snow shovels and rude words. Luckily the antenna was fixed before the angry mob of hosers managed to reach Mexico, as the Winnipegians promptly apologized and took the Americans back to a bar in Winnipeg for beers and hockey highlights.
The Canadians then burned down the White House. This part of history has conveniently been forgotten by both countries; the Americans had no mental capacity to remember the incodent, the Canadians because, as a witness reported after the incident, "were freekin' wrecked at the time 'cus I had a flat of O'keefes', then Bill came with a keg and before you know it we were into the Canadjan Crown. It wasn't a very nice thing to do and we're sorry, eh?".
This torching is not to be confused with the unrelated burning of the same building in the War of 1812 for more information), as that actually happened.
==Denmark vs. Canada?==
Although the highly anticipated Danish-Canadian War has not yet taken place, it is certain that a lot of hostility will take place, as Canada and Denmark both claim the rights to the sunny and tropical Hans Island. Also, they both claim exclusivity to being polite and being ignored by America.
Both countries are currently upgrading nuclear arsenals (Denmark's using wind power and Canada's are powered by old snowmobile batteries) and resetting alarm clocks (although Canada's national snowmobile-based alarm clock is missing its battery).
Canada's army (Bob, Larry, and two guys named Ted) is reportedly bullish about the possibility of war, but about actual war, not so much. It's unknown at this time if the Denmarkians are ready for war, as the Canadianites don't have a Demarkish translator, that position being lost in the last round of budget cuts.
The CBC reports that the Canadian prime minister has declared that Danishes are from now on to be called "freedom pastries".
The King of Denmark replied in turn, changing Canadian bacon to "freedom bacon".
More details will follow as events unfold...
Canada vs. DeGaulle
General Chuckles deGaullisme declares war on Canada by liberating Quebec with the popular though incoherant aphorism, "Vivre le Quebeq Liberia", which roughly translates into English as "Vitamin Vitality Liberates Quebec". Quebecers, always bitching about the Rest of Canada and forgeting that tens of ones of French Canadians accross English Canada, delcare sovereignty-association, and bomb mailboxes across their own land.
Canada vs. France ?II?
[4]Jacques Chirac, the French Prime Minister, was sitting in his office wondering what kind of mischief he could perpetrate against the United States when his telephone rang.
"Hallo, Mr. Chirac!," a heavily accented voice said. "This is Mike down at the Derby in Hamilton, Ontario, Canada. I am calling to inform you that we are officially declaring war on you, eh!"
"Well, Mike," Chirac replied, "This is indeed important news! How big is your army?"
"Right now," said Mike after a moment's calculation, "there's meself, me cousin Sean, me next door neighbor Bob, and the entire Canadian Olympic curling team. That makes eight!"
Chirac paused. "I must tell you, Mike, that I have one hundred thousand men in my army waiting to move on my command."
"Take off!" said Mike. "I'll have to call you back!"
Sure enough, the next day Mike called again. "Mister Chirac, the war is still on. We have managed to get us some real infantry equipment!"
"And what equipment would that be, Mike?," Chirac asked.
"Well, we got the two combines, a bulldozer, and Bob's farm tractor."
Chirac sighed, amused. "I must tell you, Mike, that I have 6,000 tanks and 5,000 armored personnel carriers. Also, I've increased my army to one hundred fifty thousand since we last spoke."
"Jesus!" said Mike. "I'll have to get back to you."
Sure enough, Mike called again the next day. "Mr. Chirac, the war is still on! We have managed to get ourselves airborne! We've modified Jack McLaughlin's ultra-light with a couple of twenty-twos in the cockpit, and the girls from the peelers have joined us too!"
Chirac was silent for a minute and then cleared his throat. "I must tell you, Mike, that I have 100 bombers and 200 fighter planes. My military complex is surrounded by laser-guided, surface-to-air missile sites. And since we last spoke, I've increased my army to two hundred thousand!"
"Jaysus, Mary, and Joseph!," said Mike, "I'll have to call you back."
Sure enough, Mike called again the next day. "G'day, Mister Chirac! I'm sorry to tell you that we have had to call off the war."
"I'm sorry to hear that," said Chirac. "Why the sudden change of heart?"
"Well," said Mike, "the boys had a long chat over a bunch of beers and decided that there's no way we can feed two hundred thousand prisoners."
The Canadian Revolution
In 1979, Pierre Elliot Trudeau led a revolution against Britain. His Liberal party marched on the Queen's palace and burned it to the ground, declaring it property of Ontario. He then forced the monarch at gun-point (actually, being a Canadian, he didn't have a gun; instead relying on a curling broom to get his point across) to sign a bill making Canada independent. He held her for ransom, demanding that Britain bring the Canadian constitution to Canada in exchange for her safe return. This would achieve Canadian independence, and did. The British Prime Minister, whoever it was, said, "Blimey! Canada can have their constitution. Screw Canada, we really don't care about Canada any more."
The constitution was first delivered to American troops, because British troops were afraid of Canada's state of general wide open-ness.
It took so long for the Americans to find Canada (as Americans couldn't figure out which state it was in), that the constitution was not delivered until 1982.
The Canadian De-Revolution
Shortly after Canada gained independence, it was lost when Mulroney led the Canadian de-revolution, in which Canada became a banana republic that served the United States Of America.
Brian Mulroney, the Prime Minister at the time, sang "When Irish Eyes Are Smiling" to President Reagan to celebrate.
Canada continued to fail at independence when in 2004 the United States of Canada was formed by the Blue states and Canada.
However, it was not until 2006 that Canada surrendered all independence after its aging population surrendered to the indignity of Depends.
The Canadian Devolution/Reaction
In 2006, Mein Fuhrer Stephen Harper was elected to power in Canada.
Harper had originally come from the 51st American state of Alberta, but moved to Canada to create a puppet government for Emperor George Bush of the Holy Empire of Redneckica.
During The Night of Long Knives Harper purged the Liberal menace, removed anyone that thought that helping the poor was a good idea. He then crushed the NDP-Bloc Québecois rebellions, led by Comandante Jack Layton and Comrade Gilles Duceppe. Harper then ordered Canada to stay in Afghanistan where the Afghans continue to shoot at them, thinking that the troops are Americans in mukluks.
A moustachioed Jack Layton attempted to march on the parliament buildings. However, the gross lack of organisation and stoned demeanour of the NDP led to their defeat (as usual) and Harper continued his fascist ways, by restricting the media and zapping people who don't believe the delightful fairytale that Jesus Christ is their lord and saviour.
^ Canadians have failed to explain why it's "Maple Leafs" and not "Maple Leaves".
^ Canadians have asserted their status as not-Americans by using British spelling. This means that "o" is sometimes followed by "u" (like the after the second "o" in "colour"), other times not so much (like after the first "o" in "colour"). Of course, Americans cannot understand anything, and cannot spell because they spell socks as sox and through like thru. Canadians also take great pride in pronouncing the last letter of the alphabet "zed" like the rest of the world, instead of "zee" like Americans because Americans are the only ones dumb enough to use a rhyme scheme for the alphabet because they would forget it otherwize. These simple things are other ways which Canadians can, simply and without much effort, differentiate themselves from Americans (aside from Canada's ineffectual government & military and the fact that Brits drive on the left, Americans on the right and Canadians in the middle).
^ This conversation comes from R.C.M.P. wiretaps of Jacque Chirac and Mike from Hamilton...or it used to, but the R.C.M.P. has already erased the tapes.
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