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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).

Articles | Martha Peden | May 29, 2007
Using Police Dogs to Search People

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

The Supreme Court of Canada began hearing arguments regarding the Crown’s appeal of R. v. Brown [1] on May 22, 2007. Brown, a 2006 case from the Alberta Court of Appeal, concerns the constitutionality of sniffer dogs. In Brown, a police officer approached a traveller

Articles | Daina Young | May 25, 2007
SCC Rejects General Constitutional Right to Counsel

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

In a judgement dated May 25, 2007 the S.C.C. rejected the argument that there is a general constitutional right to state-funded counsel for civil law suits and found that the British Columbia Social Services Tax Amendment Act is, in fact, constitutionally valid.

Articles | Daina Young | May 22, 2007
Hutterite Colony Successfully Challenges Photo Requirement for Drivers’ Licences

Category: The Charter

On May 20th, 2003 the Alberta Operator Licensing and Vehicle Control Regulation was amended to require that all drivers’ licences must include photo identification, regardless of the license-holder’s religious beliefs. “The change in policy was a reaction to new risks

Articles | Erin Jackson | May 18, 2007
Oath to the Queen Violates Freedom of Expression?

Category: The Charter

Canada’s citizenship laws that require new Canadians to swear an oath of allegiance to the Queen are being challenged again. Charles Roach, a Toronto civil rights and criminal lawyer who was born a British subject of Trinidad and Tobago brought

Articles | Martha Peden | May 17, 2007
Ontario Police Officer Guilty of Racial Profiling

Category: Human Rights

A ten dollar bra has produced a lengthy judgment from the Ontario Human Rights Commission (OHRC) exploring the prevalence of racial profiling among police forces. Racial profiling is “any action undertaken for reasons of safety, security or public protection that relies on

Articles | Daina Young | May 7, 2007
R. v. Douglas: The Duty to Consult

Category: Aboriginal Rights

On May 3, 2007, the British Columbia Court of Appeal gave their judgement in the case of four members of the Cheam First Nation charged with unlawful fishing without the authority of a licence under s. 78 of the Fisheries Act.

Articles | Erin Jackson | May 7, 2007
Terror Suspects Complain of Cruel Treatment

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

On June 2 and 3, 2006, police in Brampton Ontario made a series of arrests relating to suspected terrorist activity, known as the “Toronto 17.” Twelve male adults and five youths were accused of plotting to bomb targets in Southern

Articles | Martha Peden | May 3, 2007
Treaty Rights Can Be Acquired Through Sheltering

Category: Aboriginal Rights

R. v. Meshake, an Aboriginal man from a Treaty 9 community was charged with hunting in Treaty 3 territory contrary to section 47(1) of the Game and Fish Act [1]. The case concerns the sharing of treaty wildlife harvesting resources. The Ontario Court of Appeal

Articles | Martha Peden | April 30, 2007
Paying Dues to a Union that Supports Specific Social Viewpoints

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

A Federal Court judgment, released on March 30, 2007, has intensified the debate between minority rights and individual beliefs, labour groups and political lobbyists. Comstock v. Public Service Alliance of Canada [1], the petitioner, Susan Comstock, requested a judicial review of

Articles | Daina Young | April 19, 2007
State Funded Counsel

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

On December 4, 2003 Gilles Caron was charged with failing to make a left turn in safety, contrary to s. 34(2) of Alberta’s Use of Highway and Rules of the Road Regulation. Mr. Caron challenged the constitutionality of the regulation,

Articles | Martha Peden | April 12, 2007
Update on Auton v. British Columbia: Wynberg v. Ontario

Category: The Charter, Equality Rights (Section 15)

Wynberg v. Ontario [1] [Wynberg], parents of autistic children began a lawsuit against the Ontario government, arguing that the failure of the province to provide treatment for autistic children over age six violated the children’s equality rights under s. 15(1) of the Canadian Charter of

Articles | Erin Jackson | April 12, 2007
Update: Charter Case to Focus on Lack of Return Transportation

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

James Cook was left stranded in the cold after his bail hearing on January 21, 2007, as he did not have enough money to pay for a plane ticket home upon release. The judge ordered the Crown to pay $282

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