Focus On
Advocate calls for sentencing judges to always consider anti-Black racism
Nana Yanful, legal director, Black Legal Action Centre
Nana Yanful, legal director with the Black Legal Action Centre.

Wednesday, October 20, 2021 @ 10:45 AM

Ontario’s Appeal Court acknowledging the existence of anti-Black racism and its impacts as part of a ruling in a recent gun-crime case is a “step in the right direction,” but judges should be required to consider racism in the sentencing of all Black offenders, says an advocate. ... [read more]

Group says prolonged use of lockdowns, restrictive movement routines in prisons unconstitutional

Wednesday, October 20, 2021 @ 4:13 PM

A civil rights group has launched a legal challenge to stop the use of prolonged lockdowns in Canada’s prison system. The suit filed by the B.C. Civil Liberties Association (BCCLA) alleges that prison wardens are isolating people in prison in long-term solitary confinement, by using lockdowns and “restrictive movement routines” where wardens lock down entire institutions or set highly restrictive schedules that isolate people to their cells for days, weeks and even months at a time, and those practices violate prisoners’ constitutional rights. ... [read more]

SCC admonishes courts not to water down Charter’s s. 24(2) power to exclude illegal evidence Michael Moldaver

Wednesday, October 20, 2021 @ 4:08 PM

The Supreme Court of Canada has reminded trial judges how to correctly apply the three-factor Grant test for excluding illegally obtained evidence. ... [read more]

Probation order in Alberta COVID-19 protest case raising free speech concerns Sarah Miller, JSS Barristers

Wednesday, October 20, 2021 @ 10:53 AM

An Alberta judge has ordered a Calgary-based pastor and his brother to include positive messaging about public health restrictions after being convicted of contempt for defying a court order enforcing community compliance of the province’s COVID-19 response, a move which is raising concerns about its constitutionality and whether it amounts to compelled speech. ... [read more]

Manitoba Court of Appeal rules government’s wage cap does not violate workers’ rights Garth Smorang, Myers LLP

Wednesday, October 20, 2021 @ 10:39 AM

The Charter allows public sector employees to “have meaningful input into their work environment” but leaves room for governments to “pass broad-based, time-limited wage restraint legislation” in the name of managing the public purse, says a Manitoba lawyer acting in a case involving a temporary wage cap. ... [read more]