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Articles | Jim Young & Adam Badari | August 3, 2010
Federal Court of Appeal Stays Order to Remedy Violation of Omar Khadr’s Rights; Warns of “Affront” to Separation of Powers

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

Following the Supreme Court of Canada’s declaration that Omar Khadr’s rights were breached by actions of the Canadian government, the spheres of power claimed by Canada’s government and Canada’s courts have clashed. In that decision, the Supreme Court confirmed that the Canadian

Articles | Jim Young | July 28, 2010
Vancouver (City) v. Ward (2010) – Damages for Breach of Charter Rights

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

When the police – or any other government actor – breach any of the rights and freedoms guaranteed by theCanadian Charter of Rights and Freedoms, section 24(1) of the Charter empowers courts to order any remedy that the court considers “appropriate and just in

Articles | Adam Badari | July 7, 2010
Federal Court Rules Again on Omar Khadr’s Ongoing Detention

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

On July 5, 2010, the Federal Court of Canada ruled on the obligations the Canadian government owes to Omar Khadr. Khadr is a Canadian citizen. He has been in American custody in Guantanamo Bay since his arrest in 2002, when

Articles | Adam Badari | July 5, 2010
Future of Safe Injection Site to be Determined by Supreme Court

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

On June 24, 2010, the Supreme Court of Canada decided to hear an appeal from a constitutional case that will decide the fate of Insite, Canada’s first supervised injection site. Insite is located in Vancouver’s downtown east side. It provides a place for

Articles | Jim Young | May 28, 2010
Operation Dismantle v. The Queen: Charter Rights, Government Decisions, and the Risk of War (1985)

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

By the early 1980s, the Cold War and the threat of nuclear annihilation had been simmering for decades. The Canadian government decided in July 1983 to allow the United States to test its newly-developed cruise missiles in Canada. Operation Dismantle

Articles | Adam Badari | May 26, 2010
R. v. Ladouceur: The Constitutionality of Random Roving Vehicle Stops (1990)

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

On May 31, 1990, the Supreme Court of Canada decided whether police are constitutionally permitted to randomly stop drivers to check their licenses and insurance documents, inspect vehicles, and observe […]

Articles | Jim Young | May 14, 2010
R. v. Morelli – Unreasonable Search and Seizure (2010)

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

This article was written by a law student for the general public. Introduction An accused is charged with possession of child pornography. During his trial, the court applies the criminal standard of proof beyond a reasonable doubt. The evidence is

Articles | Tracy Clark | May 4, 2010
R. v. Nasogaluak: Criminal Sentence Reductions for Charter Breaches (2010)

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

In the 2010 case of R. v. Nasogaluak, the Supreme Court of Canada considered whether reducing a criminal’s sentence can be a remedy for a breach of Charter rights. In a unanimous judgment, the Court ruled that a sentencing judge may consider

Articles | Sarah Hamill | March 25, 2010
The Charter Right to Rudimentary Shelter in Victoria: Will It Come to Other Canadian Cities?

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

On December 9, 2009 the City of Victoria lost its appeal in Victoria (City) v. Adams.[2] Victoria had hoped to overturn a 2008 decision of the British Columbia Supreme Court which declared two of the City’s bylaws unconstitutional due to a violation

Articles | Ken Dickerson | September 4, 2009
Supreme Court to Hear Appeal of Omar Khadr Repatriation Order

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

On November 13, 2009, the Supreme Court of Canada will hear the Government of Canada’s appeal of a high-profile constitutional case: Prime Minister of Canada, et al. v. Omar Ahmed Khadr. The Court issued its decision on the Prime Minister’s application

Articles | Ken Dickerson | September 1, 2009
Repatriating Omar Khadr: Prime Minister Asks Supreme Court to Consider Final Appeal

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

On August 25, 2009, the Government of Canada applied for leave to appeal the latest court decision in the case of Canadian citizen and Guantanamo Bay detainee Omar Khadr.[1] Eleven days earlier, the Federal Court of Appeal had upheld an order

Articles | Jim Young | August 12, 2009
Do the Homeless have a Constitutional Right to Camp in Edmonton?

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

On August 6, 2009, the Edmonton Police Service thwarted another attempt by homeless people to establish a semi-permanent “tent city” in the downtown area.[1] In 2007, the police evicted a small community of homeless people from their makeshift village in a

Articles | Dan Shouldice | June 30, 2009
MPs Put Random Breath Testing to Charter Test

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

The House of Commons Standing Committee on Justice and Human Rights is calling for the implementation of roadside random breath testing (RBT) to crack down on drunk drivers in Canada. They presented their report, Ending Alcohol-Impaired Driving: A Common Approach, on

Articles | Jim Young & Ken Dickerson | June 8, 2009
Omar Khadr Sues Canada for Torture; Repatriation Order Under Appeal

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

In the Federal Court of Canada on May 13, 2009, lawyers for Omar Khadr were granted leave to amend his statement of claim against Canada to include damages for a violation of section 12 of the Charter. [1] Essentially, Khadr has received approval to

Articles | Dan Shouldice | June 4, 2009
Independence of Attorney General Raised in Alberta Plea Agreement Case

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

On May 28, 2009, the Alberta Court of Appeal heard a Crown appeal from a Provincial Court decision[1]which held that an accused’s Charter rights were violated when the Attorney General revoked a plea bargain with the Crown.[2] The court’s decision is pending. At the

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