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.
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
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).
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
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.
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
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
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
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.
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
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
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
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,
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
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