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Articles | Teresa Holmes, Student Researcher | July 9, 2020
Caging the Virus: Is Mandatory Isolation Constitutional?

Category: The Charter, Legal Rights (Sections 7-14)

Introduction Recent news articles raise concerns about how government measures to contain COVID-19 may infringe the Charter of Rights and Freedoms.[1] One of the many measures raising concerns is mandatory […]

Articles | Spencer Millis, Student Researcher | June 29, 2020
Positive that the Government is obligated to support you? Think again

Category: Legal Rights (Sections 7-14)

While financial struggles are not unique to times of emergency, the COVID-19 pandemic has thrown many Canadians into dire straits, such as losing their jobs, being unable to support their […]

Articles | Case Littlewood, Student Researcher | June 23, 2020
To be Tried Within a Reasonable Time: Affirming the Jordan Ceilings

Category: Legal Rights (Sections 7-14)

In October 2014, police charged a B.C. man with sexual assault against his daughter.[1] Two years later a B.C. judge issued a stay of proceedings, dismissing the case against the […]

Articles | Russell Green | August 9, 2019
The Feds and a Conversion Therapy Ban: Mixed Messages and Constitutional Challenges

Category: Fundamental Freedoms (Section 2), Legal Rights (Sections 7-14), Federalism, The Charter

In 2019, the federal government has been inconsistent about a potential ban on conversion therapy even though the practice is harmful and professionally disregarded. This article will pose and attempt to answer a series of questions: What is the ‘therapy’

Articles | Julia Amelio | August 6, 2019
The Military Exception: SCC affirms no right to a trial by jury for military members

Category: The Charter, Legal Rights (Sections 7-14)

Introduction The Supreme Court of Canada (“SCC”) ruled that members of the Canadian military charged with ordinary civilian crimes do not have the Charter right to a trial by jury if their charge is covered by section 130(1)(a) of the

Key Terms
Legal Rights

Category: Legal Rights (Sections 7-14)

The legal rights section of the Charter guarantees the rights held by anyone investigated, detained or criminally charged, or who is faced with legal restrictions of any kind. Sections 8 through 14 of the Charter[1] protect procedural legal rights. These rights explain what state agents such

Articles | Chenoa Sly | October 19, 2018
Dismantling the Safe Third Country Agreement

Category: The Charter, Legal Rights (Sections 7-14), Equality Rights (Section 15)

Introduction There are increasing calls on the Canadian government to suspend, and then end the Safe Third Country Agreement between Canada and the United States. These calls have been prompted by recent developments in the United States regarding immigrants, asylum-seekers and refugees,

Articles | Chenoa Sly | June 27, 2018
An End to Mandatory Minimum Sentences?

Category: The Charter, Legal Rights (Sections 7-14)

Imagine a college student returning from a spring-break trip to Seattle with one joint (cannabis) who is arrested for importing a controlled substance, convicted, and sentenced to 7 years in prison. The Supreme Court of Canada considered these hypothetical facts

Articles | Raymond Chen | August 30, 2017
Safe Injection Sites: How the Supreme Court got it right with Insite

Category: The Charter, Legal Rights (Sections 7-14)

In 2011, the Supreme Court of Canada ordered the federal Minister of Health to continue exempting Insite, a safe injection facility, from the application of criminal drug laws.[1] The Court ruled that the Minister’s decision to not exempt Insite, violated

Articles | Coleman Brinker | August 4, 2017
Your right to live in a healthy environment: phantom or reality?

Category: The Charter, Legal Rights (Sections 7-14)

What does it mean to have a right to a healthy environment? And is this a right that Canadians can have and enjoy? Having a right to a healthy environment means that the government guarantees its people access to clean

Articles | Michael Saunders | October 14, 2016
Physician-Assisted Dying: The Senate’s Role in the Legislative Process

Category: The Charter, Legal Rights (Sections 7-14)

Originally published: 20 July 2016 Physician-assisted dying is now legal in Canada. In the case of Carter v Canada (Attorney General) 2015, the Supreme Court of Canada struck down the provisions of the Criminal Code prohibiting it.[1] The House of

Articles | Dorian Simonneaux | August 29, 2016
Criminally Responsible… Not

Category: The Charter, Legal Rights (Sections 7-14)

Despite the prevalence of mental health issues in Canadian prisons,[1] a statistically tiny portion of offenders (less than 1%) seek the designation of, and are subsequently deemed, ‘Not Criminally Responsible on Account of Mental Disorder’ [NCR].[2] Those who do receive

Articles | Matthew Schneider | August 9, 2016
No Warrant Necessary? Penile Swabs in Sexual Assault Cases

Category: The Charter, Legal Rights (Sections 7-14)

R v Saeed applies the existing police ‘search incident to arrest’ powers to a new form of search: a penile swab. The case is a good example of how the courts assess the constitutionality of police searches when heightened privacy

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