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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

Articles | Jim Young | May 21, 2009
Federal Bill C-8 Legislates Matrimonial Property Rights on First Nations Reserves

Category: Aboriginal Rights

Bill C-8, An Act respecting family homes situated on First Nation reserves and matrimonial interests or rights in or to structures and lands situated on those reserves,[1] was introduced in the House of Commons on February 2, 2009, and is currently being

Articles | Dan Shouldice | May 21, 2009
Premier Stelmach Takes Over Intergovernmental Relations Ministry

Category: Democratic Governance

Premier Ed Stelmach will take over the Ministry of International and Intergovernmental Relations following the resignation of minister Ron Stevens, who was also Deputy Premier.[1] The Premier stated he will not appoint a new Deputy Premier until after the end of the spring

Articles | Anna-May Choles | May 21, 2009
Supreme Court to Hear Case on Privilege for Confidential Media Sources

Category: The Charter, Fundamental Freedoms (Section 2)

On May 22, 2009 the Supreme Court of Canada will hear oral arguments regarding the case of National Post, et al v Her Majesty the Queen.[1] The case will determine whether confidential media sources are covered by privilege, and whether that relationship

Articles | Anna May Choles | May 20, 2009
Supreme Court to Rule on Validity of Canada’s Assisted Human Reproduction Act

Category: Federalism

On April 24, 2009, the Supreme Court of Canada heard oral arguments on the constitutional validity of the federal Assisted Human Reproduction Act[1](AHRA).[2] Judgment has been deferred until a later date. The Quebec government initiated this case with a reference question to

Articles | Dan Shouldice | May 19, 2009
Should Sentence Reductions Be Used As Remedies for Charter Breaches?

Category: The Charter

Should judges be allowed to reduce a criminal offender’s sentence to remedy a breach of the offender’s Charter rights? If so, what limitations, if any, are imposed on the use of sentence reductions to reduce Charter breaches? On May 20, 2009 these questions will

Articles | Jim Young | May 19, 2009
R. v. Patrick – Is There a Reasonable Expectation of Privacy in Garbage?

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

Every week, millions of Canadians place opaque plastic bags at the perimeter of their properties – in back alleys and on curbsides – with the expectation that municipal employees will pick them up and deliver them into oblivion. How can

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