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Articles | Jim Young | May 29, 2009
Court Affirms Morgentaler’s Standing in Constitutional Challenge

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

Seven years ago, Dr. Henry Morgentaler launched a constitutional challenge of  government provision of services under New Brunswick’s Medical Services Payment Act,[1] specifically, the exclusion of funding for abortions not certified as “medically required,” and the requirement that those abortions be “performed in an approved

Articles | Jim Young | May 26, 2009
What Good Are Charter Rights to a Canadian Facing the Death Penalty Abroad?

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

Canada eliminated the death penalty in 1976, but Canadians still face constitutional questions regarding capital punishment. In United States v Burns,[1] the Supreme Court of Canada ruled that it is an infringement on the section 7 Charter right to life, liberty and security of the

Articles | Jim Young | May 19, 2009
R. v. Patrick – Is There a Reasonable Expectation of Privacy in Garbage?

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

Every week, millions of Canadians place opaque plastic bags at the perimeter of their properties – in back alleys and on curbsides – with the expectation that municipal employees will pick them up and deliver them into oblivion. How can

Articles | Ken Dickerson | April 23, 2009
Top Court Says: Hands Off My (Medical) Stash!

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

The Supreme Court of Canada has refused to let the federal government appeal recent Federal Court decisions that struck down regulations on the medical marijuana trade. The result is that a producer may provide marijuana to more than one customer.

Articles | Chris Younker | April 20, 2009
Unreasonable Search and Seizure

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

Earlier this month, in R. v. N.O., the Alberta Court of Appeal considered what could constitute unreasonable search and seizure, and what could be considered arbitrary detainment under sections 8 and 9 of the Charter of Rights and Freedoms.[1] The case before

Articles | Chris Younker | March 12, 2009
“1984” in 2009: R. v. Wilson

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

In the recent case of R. v. Wilson, the Ontario Superior Court of Justice held that a person’s account information linked to an internet provider’s address (IP address) was not subject to the reasonable expectation of privacy; therefore, police do not

Articles | Alex Bailey | March 3, 2009
Métis Nation of Alberta File Notice of Constitutional Question Too Late for Consideration by Energy Resources Conservation Board

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

On June 13, 2008, the Energy and Resources Conservation Board (ERCB) was given Notice of a Constitutional Question filed by the Métis Nation of Alberta (“MNA”).[1] The question was raised pursuant to Section 12 of the Administrative Procedures and Jurisdiction Act (“APJA”)[2] and

Articles | Brandon Mewhort | February 20, 2009
Judges will also suffer from the Troubled Economic Times

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

Federally appointed judges will feel the effects of troubled economic times just like most other Canadians. Superior court judges have been told the salary restraints placed upon other public servants would also apply to them.[1] In 1998, the Supreme Court

Articles | Brandon Mewhort | February 6, 2009
Edmonton Plans to Deal with Aggressive Panhandlers

Category: The Charter, Fundamental Freedoms (Section 2), Legal Rights (Sections 7-14), Equality Rights (Section 15)

Edmonton has begun looking for ways to deal with aggressive panhandlers in public places. The Edmonton Police Service is most concerned with a group of 20 or 30 panhandlers who can make as much as $400 a day, and who

Articles | Chris Younker | February 5, 2009
Constitutionality of Child-Sex Tourism Law in Canada

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

In the recent case of R. v. Klassen, the B.C. Supreme Court upheld the constitutional validity of child-sex tourism charges laid against Canadians who commit illegal acts while overseas.[1] The first case to challenge the constitutionality of such charges dealt with Kenneth

Articles | Alex Bailey | November 1, 2008
Youth Criminal Justice and the Harper Government

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

The Youth Criminal Justice Act In 1908, the Juvenile Delinquents Act determined that young people would be charged with “delinquency” rather than specific criminal offences.[1]Youth were treated much like adults under this regime. Judges based their discretionary sentencing decisions on the likelihood of rehabilitation.[2] In

Articles | Terry Romaniuk | October 28, 2008
The Homeless Can Tent Overnight in City Parks

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

On October 14, 2008 Judge Ross issued reasons for judgment in Victoria (City) v. Adams.[1] Homeless people had been setting up “tent cities” in Victoria’s city parks. In response, the City brought in bylaws which had the effect of banning overnight camping

Articles | Terry Romaniuk | October 1, 2008
R. v. D.B.

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

Articles | Jonathan Maryniuk | September 1, 2008
Euthanasia and Section 7 of the Charter

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

The Issue Technology has enabled humans to live longer than is naturally possible. Although medical technology has drastically increased the ability to improve the quality of life in many individuals, in others it has prolonged their life where in earlier generations

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