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
MPs speak out in support of terror suspect
Category: The Charter, Legal Rights (Sections 7-14)
Recently Opposition MPs spoke out in favour of Adil Charkaoui, who was arrested in 2003 on suspicion of being an Al-Qaeda operative. Charkaoui is currently in legal “limbo”; although he was successful in challenging the constitutionality of security certificates, the
Update: Court Orders the Federal Government not to Move Prisoners
Category: The Charter
In light of the federal government’s plans to close Canada’s only minimum security prison for women four of the prisoners currently housed in the Isabel McNeill House have launched a Charter challenge, claiming that their ss. 7 (security of the person), 12 (protection against
Via Rail allows kirpans in human rights settlement
Category: Human Rights
After a Sikh passenger was forced to disembark the train because of complaints he was wearing a weapon, Via Rail changed its policy. Via Rail now allows Sikhs passengers to wear kirpans on trains. The previous policy prohibited all weapons
The Canada-Afghan Detainee Agreement
Category: The Charter
In 2007 Amnesty International and the B.C. Civil Liberties Association filed an application in the Federal Court, asking for judicial review of the Canadian Forces’ practice of releasing detainees to Afghan security forces. The groups claimed that the practice exposed the prisoners to torture
Denying Same-Sex Pension Benefits Declared Unconstitutional
Category: The Charter, Equality Rights (Section 15)
On March 1, 2007, the Supreme Court of Canada ruled in Canada (Attorney General) v. Hislop that the federal government’s current legislation governing same sex pension benefits was unconstitutional under section 15 of the Charter of Rights and Freedoms. The case centered upon a challenge brought
Girl Not Allowed to Play Soccer while Wearing Hijab
Category: Human Rights
On February 25, Asmahan Mansour (an 11 year old girl from Napean, Ontario) was told by a referee in Laval, Quebec, that she could not play soccer while wearing her hijab. Five teams (including Mansour’s) withdrew from the tournament in protest.
Government’s Use of Surveillance Cameras
Category: The Charter, Fundamental Freedoms (Section 2), Mobility Rights (Section 6), Legal Rights (Sections 7-14)
“Always under surveillance. You can’t go far in Toronto without being seen on camera”[1] Toronto police have installed surveillance cameras in areas of the city to deter and fight crime as part of a $2 million pilot project. There has
House of Commons Votes Not to Extend Anti-Terror Provisions
Category: The Charter
On Tuesday, February 27, 2007, members of the Opposition in the House of Commons voted against the extension of controversial anti-terrorism provisions contained within the Criminal Code of Canada (“the Code”). Struck down were two measures contained within the Anti-Terrorism Act (“ATA”), which had been incorporated into
SCC to determine if tax on legal services is unconstitutional
Category: The Charter, Legal Rights (Sections 7-14)
In British Columbia, the Social Service Tax Amendment Act (Act) places a 7% tax on legal services. The late Dugald Christie was a Vancouver lawyer who primarily represented low income persons. In 1997, the government forced Christie to pay the legal services
Court says Constitutional Principles Applied Properly in Extradition of Man to India
Category: The Charter, Legal Rights (Sections 7-14)
In March 2007, The British Columbia Court of Appeal ruled that Malkiat Singh should be extradited to his home country of India for crimes committed in the 1970s. Mr. Singh was convicted of […]
Quebec Logging faces Aboriginal Protest
Category: Aboriginal Rights
Approximately 50 aboriginal people blockaded a Quebec highway to protest the province’s forest management practices and the poor condition of aboriginal off-reserve housing across Canada. Chief Guillaume Carle of the […]
Freedom of Expression and the East Coast Seal Hunt
Category: The Charter, Fundamental Freedoms (Section 2)
The East Coast seal hunt is expected to begin in early March. Journalists and animal rights activists gather from around the world to observe and protest the hunt. Fisheries and Oceans Canada has […]
Seizure of 3 Sextuplets for Blood Transfusion Rekindles Charter Debate
Category: The Charter, Legal Rights (Sections 7-14)
This seizure of 3 sextuplets by the British Columbia government to perform lifesaving blood transfusions has reignited a debate regarding section 2(a) and section 7 of the Canadian Charter of Rights and Freedoms. The sextuplets were […]
Federal Court Releases Terror Suspect Mahjoub
Category: The Charter, Legal Rights (Sections 7-14)
The trial division of the Federal Court ruled on February 15, 2007 that Egyptian national and terror suspect Mohamed Zeki Mahjoub was to be released from detention. Mr. Mahjoub had been held without […]