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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

Articles | Chris Younker | May 15, 2009
RCMP and Freedom to Associate

Category: The Charter, Fundamental Freedoms (Section 2)

On May 7, the federal government filed an appeal of the landmark decision of the Ontario Superior Court in Mounted Police Association of Ontario v AG (Canada).[1] The court ruled that the Royal Canadian Mounted Police regulations prohibiting collective bargaining were unconstitutional

Articles | Anna-May Choles | May 15, 2009
Trial to Determine Métis Hunting Rights in Alberta

Category: Aboriginal Rights

Three Métis men are on trial in Medicine Hat for failure to comply with provincial hunting regulations. At issue is not whether the men committed the offences, but rather the extent of Métis harvesting rights in Alberta.[1] In 2003, the

Articles | Jim Young | May 12, 2009
“Kafkaesque” Adelrazik Saga Raises Mobility Rights Question

Category: The Charter, Mobility Rights (Section 6)

Does the Government of Canada have a constitutional obligation to make good faith efforts to repatriate citizens stranded abroad? Section 6(1) of the Charter of Rights and Freedoms reads, “Every citizen of Canada has the right to enter, remain in and leave

Articles | Adam Badari | May 12, 2009
Chatterjee v. Ontario (Attorney General): Provincial Law on Proceeds of Crime (2009)

Category: Federalism

In April 2009, the Supreme Court of Canada released a judgment dealing with federalism and the division of powers.[1]The Court had to decide whether Ontario legislation dealing with the proceeds of crime was valid under the Constitution Act, 1867. Mr. Chatterjee was arrested in

Articles | Anna-May Choles | May 11, 2009
Equality Challenge for Vancouver Olympics Over Ski Jumping

Category: The Charter, Equality Rights (Section 15)

Female ski jumpers – whose sport is not included in the 2010 Vancouver Olympics – are asking the B.C. Supreme Court for a declaration that the Vancouver Organizing Committee (VANOC) violated the equality provisions of the Canadian Charter of Rights and Freedoms.[1] The equality

Articles | Jim Young | May 8, 2009
Muslim Women May Have to Remove Veils in Ontario Courtrooms

Category: The Charter, Fundamental Freedoms (Section 2)

The Ontario Superior Court recently ruled that a judge may require a Muslim witness to remove her veil without unduly interfering with her section 2(a) Charter right to freedom of religion. The case of R. v. N.S.[1]turns on the principle that when two or

Articles | Dan Shouldice | May 5, 2009
Will History Repeat Itself in BC-STV Referendum?

Category: Democratic Governance

For the second consecutive general election, British Columbians have the chance to make Canadian electoral history. On May 12th voters in BC will have the choice of discarding the traditional first-past-the-post (FPTP) electoral system in favour of a customized single transferable

Articles | Brandon Mewhort | April 26, 2009
Tory Fundraiser Prompts Fears of Interference with Separation of Powers

Category: Federalism

On March 9th in the Alberta legislature, liberal MLA Kent Hehr accused deputy premier Ron Stevens of using the opening of the new Calgary courthouse for his own political gain. [1] It was alleged that Stevens arranged for a 100 dollar per ticket

Articles | Ken Dickerson | April 23, 2009
Top Court Says: Hands Off My (Medical) Stash!

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

The Supreme Court of Canada has refused to let the federal government appeal recent Federal Court decisions that struck down regulations on the medical marijuana trade. The result is that a producer may provide marijuana to more than one customer.

Articles | Ken Dickerson | April 20, 2009
Provincial Proceeds-of-Crime Legislation is Constitutional: Supreme Court

Category: Federalism

On April 17, 2009, the Supreme Court of Canada ruled that provinces may legislate to seize the proceeds of crime and use the proceeds to compensate victims. Robin Chatterjee was arrested in Ontario, but never charged, for breach of probation.

Articles | Chris Younker | April 20, 2009
Unreasonable Search and Seizure

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

Earlier this month, in R. v. N.O., the Alberta Court of Appeal considered what could constitute unreasonable search and seizure, and what could be considered arbitrary detainment under sections 8 and 9 of the Charter of Rights and Freedoms.[1] The case before

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