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Articles | Jim Young & Ken Dickerson | June 19, 2009
Abdelrazik Set to Return to Canada, as Government Retreats from Confrontation

Category: The Charter, Mobility Rights (Section 6)

Author: Jim Young and Ken Dickerson[1] A Canadian citizen who has spent more than a year living in a Canadian embassy, unable to return to Canada amid suspicions of terrorist sympathies, is about to return to Montreal. The Government of Canada

Articles | Chris Younker | June 19, 2009
The Canadian Human Rights Act & Freedom of Speech: On Parliament’s To-Do List?

Category: The Charter, Fundamental Freedoms (Section 2), Human Rights

The Canadian Human Rights Commission (CHRC) recently commented on proposals to amend the Canadian Human Rights Act[1] (CHRA) from law professor Richard Moon.[2] In his report, Moon called for the elimination of section 13 of the CHRA, which regulates the use of hate speech

Articles | Anna-May Choles | June 16, 2009
Provincial Inquiry Has Authority to Rule on RCMP Conduct

Category: Federalism

A Vancouver court has determined that the Braidwood Inquiry has the authority to probe allegations of misconduct against four RCMP officers involved in the 2007 tasering death of Robert Dziekanski at Vancouver Airport.[1] On April 30, 2009, the Commission notified the lawyers

Articles | Chris Younker & Ken Dickerson | June 15, 2009
Sex Equality under the Indian Act: Will the Supreme Court or Parliament Have the Last Word?

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

The federal government is not appealing a recent British Columbia court decision that declared a key feature of the Indian Act unconstitutional. Under the decision, a major amendment to the Act would be necessary by April 2010. However, this timetable may have

Articles | June 12, 2009
Non-Catholics Can Be Catholic School Trustees in Yellowknife

Category: Federalism

On June 4, 2009, the Supreme Court of Canada denied leave to appeal a decision of the Northwest Territories Court of Appeal, with the result that non-Catholic trustees may sit on Catholic school boards.[1] The Yellowknife Public Denominational District Educational

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 | Jim Young | June 8, 2009
Court Orders Canadian Government to Bring Abdelrazik Home

Category: The Charter, Mobility Rights (Section 6)

On June 4, 2009, Federal Court Justice Russell Zinn ordered the government to take immediate action to repatriate Abousfian Abdelrazik, a Canadian citizen who has been stranded in Sudan since 2004. Abdelrazik had charged the government with “procrastination, evasiveness, obfuscation and general

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

Articles | Jim Young | June 2, 2009
Senate Bill Would Preserve Citizenship Oath to the Monarchy, “Notwithstanding” Charter Challenges

Category: The Charter

New citizens of Canada are required to swear an oath that includes the promise to “be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Queen of Canada, Her Heirs and Successors.”[1] Most citizens are born in Canada,

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 | Chris Younker | May 29, 2009
R. v. L.L.S.: Unreasonable Strip-Searches and the Charter

Category: The Charter

In R. v. L.L.S. the Alberta Court of Appeal considered the remedies available when Charter rights have been infringed.[1] The facts of the case arose when police were called to the Crisis Unit at the Northeast Community Health Centre in Edmonton. The infant daughter

Articles | Jim Young | May 26, 2009
Has There Been Meaningful Dialogue Between the Courts and Parliament over Medical Marijuana?

Category: The Charter

Last week, the federal government responded to the Federal Court of Appeal decision in Canada (Attorney General) v Sfetkopoulos.[1] In 2008, the court declared unconstitutional the federal regulation that restricted each grower of medical marijuana to servicing only one client. The government

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 | Dan Shouldice | May 22, 2009
Supreme Court Dismisses Afghan Detainee Appeal

Category: The Charter

On May 21, 2009 the Supreme Court of Canada denied application for leave to appeal in Amnesty Canada International, et al v Chief of the Defence Staff for the Canadian Forces, et al.[1] The ruling effectively upholds a December 2008 decision by the Federal

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