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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 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 | 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 | June 29, 2010
Harvey v. New Brunswick (1996) – The Right to be Qualified for Membership in the House of Commons or a Legislative Assembly

Category: The Charter, Democratic Rights (Sections 3-5)

New Brunswick’s Legislative Assembly Act provides that a member of the province’s Legislative Assembly (MLA) who is found guilty of “any offence that is a corrupt or illegal practice” will be forced to vacate his or her seat and will be disqualified

Articles | Jim Young | June 25, 2010
Figueroa v. Canada (2003) – The Right to Vote and Registered Party Status

Category: The Charter, Democratic Rights (Sections 3-5)

Prior to the Supreme Court of Canada’s 2003 decision in Figueroa v. Canada,[1] the Canada Elections Act required a registered federal political party to nominate candidates in at least fifty electoral districts. A party that nominated fewer than fifty candidates for a federal election

Articles | Adam Badari | June 22, 2010
Egan v. Canada (1995) – Equality Rights and Same-Sex Spousal Benefits

Category: The Charter, Equality Rights (Section 15)

On May 25, 1995, the Supreme Court of Canada released three decisions dealing with the right to equality guaranteed by section 15 of the Canadian Charter of Rights and Freedoms.[1] One of these cases was Egan v. Canada, which required the Court to decide if

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 | Adam Badari | June 17, 2010
Eldridge v. British Columbia (Attorney General) (1997) – Equality Rights and Services for the Deaf

Category: The Charter, Equality Rights (Section 15)

In April 1997, the Supreme Court released a landmark case concerning the Charter right to be free from discrimination, guaranteed by section 15. The decision established that a government program can discriminate not only by making distinctions, but also by failing

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 | Jim Young | June 14, 2010
Reference re Provincial Electoral Boundaries (1991) – Electoral District Boundaries and the Right to Vote

Category: The Charter, Democratic Rights (Sections 3-5)

Section 3 of the Canadian Charter of Rights and Freedoms guarantees the right of citizens to vote in federal and provincial elections. Canadian courts have interpreted this right – along with all other Charter rights – in a “broad and purposive” way.[1] This means that the

Articles | Adam Badari | June 8, 2010
Law v. Canada (Minister of Employment and Immigration) (1999) – Equality Rights Framework

Category: The Charter, Equality Rights (Section 15)

In March 1999, the Supreme Court of Canada released its judgment in a landmark equality case.[1] After a series of divided judgments, the Court unanimously agreed on an approach to discrimination claims. The case concerned whether the survivor’s pension benefits

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 | Jim Young | May 26, 2010
Sauvé v. Canada (2002) – Limits on Voting Rights for Prisoners

Category: The Charter, Democratic Rights (Sections 3-5)

This article was written by a law student for the general public.   In 1993, the Supreme Court of Canada affirmed the rulings of several lower courts and declared the provision in the Canada Elections Act which excluded prisoners from voting to

Articles | Jim Young | May 26, 2010
Sauvé v. Canada (1993) – Voting Rights for Prisoners

Category: The Charter, Democratic Rights (Sections 3-5)

This article was written by a law student for the general public.   In 1988, a prisoner serving a life sentence for first-degree murder challenged the constitutionality of the provision in the Canada Elections Act which denied prison inmates the right to

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