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Articles | Daina Young | July 24, 2007
Immigration Officers Must Give Detainees’ Right to Counsel

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

In a decision released July 5, 2007 the Federal Court of Canada confirmed that an individual detained during immigration proceedings is entitled to (1) be fully informed of his/her rights to counsel and (2) the facilitation of that right. Rodriquez

Articles | Erin Jackson | July 19, 2007
The Right to a Jury of Peers

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

An Aboriginal man challenged the constitutional validity of certain provisions of Manitoba’s Jury Act,claiming that they violated sections 7, 11(d) and 11(f) of the Canadian Charter of Rights and Freedoms. The accused, Mr. Teerhuis-Moar, wanted a jury composed partially of Aboriginal people for

Articles | Daina Young | July 17, 2007
Single Mother Not Entitled to State Funded Counsel

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

In a decision dated July 5, 2007, the Supreme Court of Canada declined to hear an appeal in the case of Deborah J. Hawkes v. P.E.I. Human Rights Commission and Attorney General of P.E.I., thereby affirming the P.E.I. Court of Appeal’s decision to

Articles | Martha Peden | July 16, 2007
Youths’ Right to Counsel

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

On June 28, 2007, the Ontario Court of Appeal ruled on how much information a police officer must give a young person regarding their right to counsel and to the presence of a third party prior to police interrogation. Section 146(2)(b)(iv) of

Articles | Martha Peden | July 10, 2007
Privacy Interest in Employment Records

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

On July 5, 2007, the Supreme Court of Canada agreed to hear an appeal of Attorney General of Ontario, 3rd Party Record Holder v. Lawrence McNeil et al. [1]. The accused, Lawrence McNeil, was convicted with various drug-related offenses in 2004. He

Articles | Martha Peden | July 9, 2007
Supreme Court Expands Police Powers

Category: The Charter

On July 6, 2007, the Supreme Court of Canada delivered a unanimous judgment in R. v. Clayton [1]. The case concerned the constitutionality of police conduct that interfered with civil liberties and responded to an Ontario Court of Appeal judgment

Articles | Martha Peden | July 3, 2007
Smokers Don’t Want to Butt Out

Category: The Charter, Fundamental Freedoms (Section 2)

Alberta is the latest province to enact anti-smoking legislation that will prohibit smoking in all public places and work sites. “Patrons used to smoking bars or bingo halls, once granted exceptions by municipalities, will have to butt out” [1]. The

Articles | Martha Peden | July 2, 2007
Teachers Reduced to Idle Monologues in the Wilderness

Category: The Charter, Fundamental Freedoms (Section 2)

On June 29, 2007, the Supreme Court of Canada decided Baier v. Alberta [1]. The petitioners, four teachers and the Alberta Teachers’ Association, claimed that amendments to the Local Authorities Election Act (LAEA) violated their s. 2(b) Charter right to freedom of expression and their s. 15(1) equality

Articles | Daina Young | June 20, 2007
Provision Barring Human Rights Complaints is Constitutional

Category: The Charter, Equality Rights (Section 15), Human Rights

In a decision dated June 6, 2007 the British Columbia Court of Appeal ruled that s. 62(1) of the Canadian Human Rights Act (CHRA) does not violate the equality rights guaranteed in s. 15(1) of the Charter. The provision in question bars individuals from making a complaint

Articles | Daina Young | June 19, 2007
Supreme Court Rules on Application of the Charter Overseas

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

On June 7, 2007 the Supreme Court of Canada ruled that the Charter does not generally apply to the actions of police officers investigating Canadian citizens overseas. The RCMP suspected Richard Hape, a Canadian businessman with an investment company located in Turks

Articles | Martha Peden | June 13, 2007
Motorists Have Limited Charter Rights

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

A constitutional challenge in the Ontario Court of Justice by a motorist charged with “following too closely” contrary to s. 158 of Ontario’s Highway Traffic Act was unsuccessful [1]. The challenge arose when the defendant, Robert Baillie, rear-ended a vehicle in rush hour traffic

Articles | Martha Peden | June 5, 2007
Province’s Ability to Seize Drug Proceeds Upheld

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

Ontario’s Remedies for Organized Crime and Other Unlawful Activities Act (commonly known as the Civil Remedies Act) is legislation designed to combat the “drugs and thugs” of organized crime by seizing the proceeds of unlawful activity and using them to compensate crime victims.

Articles | Erin Jackson | June 5, 2007
Public Servants’ Right to Express Personal Opinions

Category: Democratic Governance, The Charter, Fundamental Freedoms (Section 2)

In the wake of 9/11 and a number of anthrax attacks in the United States, the Emergency Response Team (ERT) at Health Canada stockpiled antibiotics and smallpox vaccines as a precautionary measure in the event of a bioterrorist attack. Dr.

Articles | Daina Young | May 31, 2007
Prohibitions on Panhandling Engage Charter Rights

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

Earlier this year the Ontario Court of Appeal examined the constitutionality of s. 3(2)(f) of the province’s Safe Street Act, which prohibits the solicitation of a person in a stopped or parked motor vehicle. Eleven individuals faced charges arising from various

Articles | Martha Peden | May 30, 2007
Freedom of Expression and Adult Entertainment

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

On May 24, 2007, the Ontario Court of Appeal decided Adult Entertainment Association of Canada v. Ottawa (City) [1]. In 2001, following the amalgamation of surrounding municipalities into the City of Ottawa, the City developed a By-law targeting adult entertainment parlours (AEPs).

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