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Articles | Ken Dickerson | April 17, 2009
First Nation May Not Ignore Court Order: “The rule of law applies to all Canadians”

Category: Aboriginal Rights

In a brief, unanimous decision released April 9, 2009, the Alberta Court of Appeal has upheld an order of contempt of court against the Tsuu T’ina First Nation.[1] The contempt order was issued by the Alberta Court of Queen’s Bench on

Articles | Alex Bailey | April 17, 2009
United Nations Report Says Housing Should be a Protected Right

Category: The Charter

On March 9, 2009, Miloon Kothari, the United Nations special rapporteur on adequate housing, tabled a report on Canada’s housing situation at the UN Human Rights Council in Geneva. Kothari’s main concern is that Canada does not recognize housing as

Articles | Natasha Dubé | March 28, 2009
Khawaja Receives Prison Sentence

Category: Democratic Governance

Mohammed Momin Khawaja, a Canadian software developer, was recently found guilty in a trial related to foiled bomb plot in the United Kingdom. Khawaja will serve 10 years and 6 months in prison – much less than five of his co-conspirators in

Articles | Natasha Dubé | March 26, 2009
Language Rights in Alberta — R. v. Caron

Category: The Charter, Minority Language Education Rights (Section 23)

On December 4, 2003, Gilles Caron was charged with making an unsafe left turn. While paying the traffic ticket would have cost him well under $100, Caron sought to challenge the ticket on the basis that the legislation authorizing the

Articles | Brandon Mewhort | March 13, 2009
Religious Freedom versus Defendants’ Right to Face Their Accusers

Category: The Charter, Fundamental Freedoms (Section 2)

The Ontario Superior Court is to decide whether an alleged sexual assault victim is allowed to wear a Muslim veil while testifying in court.[1] Justice Frank Marrocco will address the conflict between the values of religious freedom and a defendant’s right

Articles | Natasha Dubé | March 12, 2009
R v. Ahenakew: Promotion of Hatred or Revolting Comment?

Category: The Charter, Fundamental Freedoms (Section 2)

In 2002, David Ahenakew, a former Chief of the Assembly of First Nations, gave a speech and subsequent interview in which he made comments on various ethnic groups. These comments included blaming Jewish people for causing the Second World War,

Articles | Chris Younker | March 12, 2009
“1984” in 2009: R. v. Wilson

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

In the recent case of R. v. Wilson, the Ontario Superior Court of Justice held that a person’s account information linked to an internet provider’s address (IP address) was not subject to the reasonable expectation of privacy; therefore, police do not

Articles | Brandon Mewhort | March 6, 2009
SCC to Decide on the Defence of Responsible Journalism

Category: The Charter

On February 17th, the Supreme Court of Canada heard the case Douglas Quan, et al. v. Danno Cusson, in which an Ontario police officer, Cusson, went to New York City to participate in search and rescue operations immediately following September 11,

Articles | Alex Bailey | March 3, 2009
Métis Nation of Alberta File Notice of Constitutional Question Too Late for Consideration by Energy Resources Conservation Board

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

On June 13, 2008, the Energy and Resources Conservation Board (ERCB) was given Notice of a Constitutional Question filed by the Métis Nation of Alberta (“MNA”).[1] The question was raised pursuant to Section 12 of the Administrative Procedures and Jurisdiction Act (“APJA”)[2] and

Articles | Chris Younker | February 24, 2009
Kwikwetlem First Nation v. British Columbia (Utilities Commission)

Category: Aboriginal Rights

The recent case of Kwikwetlem First Nation v. British Columbia (Utilities Commission) raises the issue of the duty to consult Aboriginal peoples before undertaking projects that may affect their rights or title. The case was an appeal to the British Columbia Court

Articles | Brandon Mewhort | February 20, 2009
R. v. White Appeal

Category: The Charter, Fundamental Freedoms (Section 2)

On January 29th, the Supreme Court of Canada granted leave to appeal an Alberta Court of Appeal decision that upheld a mandatory publication ban in bail proceedings.[1] Michael White, an Edmontonian charged with the second-degree murder of his wife, applied

Articles | Brandon Mewhort | February 20, 2009
Judges will also suffer from the Troubled Economic Times

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

Federally appointed judges will feel the effects of troubled economic times just like most other Canadians. Superior court judges have been told the salary restraints placed upon other public servants would also apply to them.[1] In 1998, the Supreme Court

Articles | Alex Bailey | February 19, 2009
No Fiduciary Obligation for Crown in Ermineskin Nation Case

Category: Aboriginal Rights

On February 13, 2009, the Supreme Court of Canada (S.C.C.) re-examined the Crown’s fiduciary obligations toward the Ermineskin Nation and Samson Nation (“the bands”). The central question addressed in the case was whether or not the Government of Canada had

Articles | Chris Younker | February 18, 2009
Freedom vs. Privacy

Category: The Charter, Fundamental Freedoms (Section 2)

In a recent 3-2 decision, the Ontario Court of Appeal ruled that section 517 of the Criminal Code (giving the right of an accused to invoke a publication ban on pre-trial hearings) was constitutional and therefore did not infringe section 2(b) of

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