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Articles | Christine Eberle | June 7, 2013
Saskatchewan (Human Rights Commission) v Whatcott (2013): Anti-Gay Flyers Violate Hate Speech Prohibitions

Category: The Charter, Fundamental Freedoms (Section 2)

Introduction On February 27, 2013, the Supreme Court of Canada ruled that Saskatchewan’s hate speech prohibitions are constitutional.[1] Hate speech prohibitions limit freedom of expression and religion as guaranteed under section 2(b) and 2(a) of the Canadian Charter of Rights and Freedoms (Charter),

Articles | Cara Des Granges | May 27, 2013
R v NS (2012): Niqab Rules Balance Religious Freedom and the Right to a Fair Trial

Category: The Charter, Fundamental Freedoms (Section 2)

This article was written by a law student for the general public. Introduction In R v NS,[1] decided on December 20, 2012, the Supreme Court of Canada ruled on whether a witness could be allowed to wear a niqab[2] for religious reasons while

Articles | Judy Feng | July 31, 2012
British Columbia Teachers’ Federation v British Columbia (2011) – Third Party Election Advertising limits in BC Election Campaigns

Category: The Charter, Fundamental Freedoms (Section 2)

On November 11, 2011, the BC Court of Appeal ruled on third party election advertising limits in the BC Elections Act. The Court agreed that the restrictions violated section 2(b), freedom of expression rights in the Canadian Charter of Rights and Freedoms. They then

Articles | Judy Feng | July 12, 2012
Harper v Canada (2004) – Third Party Election Advertising limits in Federal Election Campaigns

Category: The Charter, Fundamental Freedoms (Section 2)

The Canada Elections Act limits advertising spending by third party individuals and groups during a federal election campaign. According to section 350 of the Canada Elections Act, third parties are limited to spending a maximum of $3,000 in each electoral district or up to a

Articles | Judy Feng | June 28, 2012
House of Commons votes to repeal “hate messages” section of the Canadian Human Rights Act

Category: The Charter, Fundamental Freedoms (Section 2), Human Rights

In June 2012, the House of Commons passed Bill C-304, which would amend the Canadian Human Rights Act[1] by repealing section 13 of the Act. Section 13 makes it a “discriminatory practice” to communicate hate messages by telephone or on the Internet.[2] Sponsored by Brian Storseth, Conservative

Articles | Judy Feng | June 4, 2012
Legal Perspectives on Bill 78 – Quebec’s “Emergency Law” to Quell Student Protests

Category: The Charter, Fundamental Freedoms (Section 2)

Massive crowds fill the streets of downtown Montreal every spring and summer. But unlike most years, when people gather for the International Jazz Festival or the Grand Prix, 2012 is a year of student demonstrations. Crowds of up to 100,000

Articles | Leah McDaniel | May 24, 2012
Tobacco Advertising Rules Go Back to Court … Again

Category: The Charter, Fundamental Freedoms (Section 2)

Imperial Tobacco Ltd and JTI-Macdonald Corp are challenging the constitutionality of new federal tobacco advertising regulations. The regulations will take effect in June 2012. The companies have each launched cases in Ontario Superior Court.[1] Under federal regulations, tobacco products already

Articles | Adam Badari | July 13, 2010
Ontario (Public Safety and Security) v. Criminal Lawyers’ Association (2010) – Freedom of Expression and Access to Government Documents

Category: The Charter, Fundamental Freedoms (Section 2)

On June 17, 2010, the Supreme Court of Canada recognized for the first time that freedom of expression, as guaranteed by the Canadian Charter of Rights and Freedoms, constitutionally protects access to government documents in some circumstances.   The case concerned the way

Articles | Jim Young | June 18, 2010
Toronto Star Newspapers Ltd. v. Canada – Freedom of Expression and Publication Bans (2010)

Category: The Charter, Fundamental Freedoms (Section 2)

The news media play an essential role in informing the public about the criminal justice system. However, there are times when the law provides for a ban on reporting the details of court proceedings. For instance,section 517 of the Criminal Code provides that

Articles | Tracy Clark | June 15, 2010
Greater Vancouver Transportation Authority v. Canadian Federation of Students (2009) – Political Expression on Public Transit

Category: The Charter, Fundamental Freedoms (Section 2)

In Greater Vancouver Transportation Authority v. Canadian Federation of Students,[1] the Supreme Court of Canada considered freedom of expression and the regulation of political expression on public facilities – specifically, transit buses in British Columbia. In 2004, the Canadian Federation of Students

Articles | Adam Badari | May 18, 2010
R. v. National Post (2010): Do Journalists Have a Right to Protect Sources?

Category: The Charter, Fundamental Freedoms (Section 2)

On May 7, 2010, the Supreme Court ruled on the extent to which journalists may protect the identity of their confidential sources. A newspaper argued that freedom of expression, as guaranteed by section 2(b) of theCanadian Charter of Rights and Freedoms,

Articles | Ken Dickerson | January 23, 2010
“Gag Order” Silences Wheat Board, as Supreme Court Declines to Consider the Reach of the Charter

Category: The Charter, Fundamental Freedoms (Section 2)

On January 21, 2009, the Supreme Court of Canada chose not to hear the Canadian Wheat Board’s (CWB) appeal of a decision on the constitutionality of a “gag order” from the federal cabinet.[1] Following its normal practice, the Supreme Court did

Articles | Ken Dickerson | October 15, 2009
Top Court Rejects Re-hearing of Alberta Hutterites Photo-ID Case

Category: The Charter, Fundamental Freedoms (Section 2)

The Supreme Court of Canada rendered judgment on October 15, 2009 on a motion to re-hear the dispute between the Hutterian Brethren of Wilson Colony and the Government of Alberta. Wilson Colony had sought to argue the case again in a new

Articles | Ken Dickerson | September 17, 2009
The Issues in Boissoin v. Lund: Expression and Discrimination under Alberta Human Rights Law

Category: The Charter, Fundamental Freedoms (Section 2), Human Rights

On September 16-17, 2009 the Alberta Court of Queen’s Bench heard arguments about the constitutionality of a controversial section in Alberta’s human rights code. This article fills in the background to the dispute and outlines the constitutional arguments, based on

Articles | Dan Shouldice | August 25, 2009
Supreme Court Declines to Hear B.C. Unions’ Freedom-of-Expression Appeal

Category: The Charter, Fundamental Freedoms (Section 2)

The Supreme Court of Canada has denied two public-sector unions leave to appeal a decision which upheld British Columbia legislation prohibiting mid-contract strikes.[1] Following its usual practice, the Supreme Court did not give reasons for dismissing the application; its refusal to

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