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Monday, April 19, 2021 @ 8:27 AM

Federal Court of Appeal overturns decision on safe third country agreement with U.S. Sharry Aiken, Queen’s University faculty of law

The Federal Court of Appeal has overturned a decision which declared Canada’s Safe Third Country Agreement (STCA) on refugee claimants with the United States to be unconstitutional, saying the challenge of the agreement was not properly constituted. ... [read more]

Monday, April 12, 2021 @ 8:07 AM

Separate appeals launched in B.C., Alberta COVID-19 constitutional challenges Jay Cameron, Justice Centre for Constitutional Freedoms litigation manager

Alberta and B.C.’s COVID-19 restrictions may once again find themselves before the courts after the launch of separate appeals in cases which dismissed constitutional challenges of public health orders in both provinces. ... [read more]

Wednesday, April 07, 2021 @ 7:55 AM

Ontario Human Rights Commission celebrates 60th anniversary Ena Chadha, chief commissioner, Ontario Human Rights Commission

Ontario is honouring its human rights heroes past, present and future as the Ontario Human Rights Commission (OHRC) celebrates its 60th anniversary and prepares to mark six decades since the passage of the province’s Human Rights Code in June of next year. ... [read more]

Friday, March 26, 2021 @ 12:10 PM

Manitoba, Saskatchewan react to Supreme Court carbon tax ruling

Manitoba will press on with its legal battle against the federal carbon tax, while Saskatchewan will introduce its own tax following the Supreme Court’s ruling that Ottawa’s carbon pricing is constitutionally sound. On March 25, the Supreme Court of Canada ruled 6-3 that the federal government’s implementation of its Greenhouse Gas Pollution Pricing Act (GGPPA) falls within its powers. ... [read more]

Thursday, March 25, 2021 @ 4:28 PM - Last Updated: Thursday, March 25, 2021 @ 5:02 PM

‘Grave threat’ of climate change justifies federal carbon pricing standards, Supreme Court rules Chief Justice Richard Wagner

The Homeric odyssey of Canada’s fight against climate change has taken another step after the Supreme Court ruled the federal government has the right to impose minimum carbon pricing standards on the provinces and territories. In a 6-3 decision, the court has ruled that the Greenhouse Gas Pollution Pricing Act (GGPPA), which sets minimum national standards on greenhouse gas (GHG) pricing, falls within Parliament’s powers to legislate with respect to matters of national concern for the peace, order, and good government (POGG) of Canada under s. 91 of the Constitution Act, 1867. ... [read more]

Thursday, March 25, 2021 @ 12:46 PM

Correctional service response to COVID-19 violates rights of incarcerated persons, lawsuit alleges Charlotte-Anne Malischewski, McCarthy Tétrault

Canada’s response to the COVID-19 pandemic in federal correctional facilities is facing scrutiny as seven current and former inmates have launched a court challenge arguing pandemic restrictions, such as lockdowns and a lack of access to services, have violated their constitutional rights. ... [read more]

Wednesday, March 24, 2021 @ 2:55 PM

B.C.’s ban on outdoor protests unconstitutional, but religious restrictions justified: court

A constitutional challenge against COVID-19 public health restrictions in British Columbia has led to a mixed result, with B.C. Supreme Court Chief Justice Christopher Hinkson saying a man’s rights were violated when he was ticketed for protesting in public but finding a provincewide ban on in-person religious services was justified. ... [read more]

Monday, March 22, 2021 @ 8:09 AM

Key Appeal Court pay equity decision could place strain on not-for-profits, says lawyer Cheryl Wiles Pooran, partner, PooranLaw, Toronto

Vavilov has spelled victory in two significant Ontario Court of Appeal pay equity decisions involving thousands of Ontario women working in female-dominated for-profit nursing homes. But the March 9 split decisions by the Ontario Court of Appeal could have “dire consequences” for not-for-profit, government-funded agencies, warns one employment lawyer. ... [read more]

Friday, March 19, 2021 @ 3:10 PM

Constitutional challenge to MAiD regime likely as Parliament endorses change Trudo Lemmens, Scholl Chair in Health Law and Policy at the University of Toronto

One battle is done but the larger conflict over medical assistance in dying (MAiD) in Canada looks far from over, with legal observers saying recently enacted changes to the regime are discriminatory against people with disabilities and an advocacy group pledging to take the government to court. ... [read more]

Thursday, March 18, 2021 @ 9:17 AM

Ontario ‘ag-gag’ law unconstitutionally restricts political expression, peaceful protest: lawsuit Kaitlyn Mitchell, Animal Justice

Ontario’s so-called “ag-gag” law will soon find itself before the courts as an animal rights group has sued the province, saying the law violates the constitutional right to freedom of expression. Bill 156, the Security from Trespass and Protecting Food Safety Act, passed the Ontario legislature last June and prohibits anyone from entering farms or slaughterhouses under “false pretenses,” making it illegal for an individual to get hired at a farm or slaughterhouse to document and publicly expose animal abuse and makes it an offence to “interfere” or “interact” with animals inside trucks. ... [read more]