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Constitutional

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Tuesday, July 10, 2018 @ 10:16 AM

DISCRIMINATION - Prohibited grounds - Religion - Context - Education

Appeal by the Academy from a decision confirming a Human Rights Tribunal decision that the appellant unlawfully discriminated against two high school students by prohibiting them from performing prescribed forms of prayer on campus. ... [read more]

Monday, July 09, 2018 @ 1:08 PM

TWU, law societies and a can of worms | Robert Harvie

Having been a bencher with the Law Society of Alberta when the Trinity Western University (TWU) issue first came to fruition, I was involved in the discussion and debate about how we would respond to TWU graduates once their program was approved by the Federation of Law Societies. ... [read more]

Monday, July 09, 2018 @ 12:34 PM

Nunavut drug charge acquittal may end ‘paternalistic’ policing in remote hamlet, lawyer says

An appeal decision acquitting a Nunavut man of drug charges will likely break the “paternalistic” habit police in remote Sanikiluaq have of unlawfully searching the baggage of incoming air travellers. So says criminal lawyer Alison Crowe of the June 19 Court of Appeal of Nunavut decision in R. v. Ippak 2018 NUCA 3, a case involving the unlawful detainment and baggage search of Moses Ippak after he stepped off a plane at Sanikiluaq’s airport. ... [read more]

Monday, July 09, 2018 @ 9:12 AM

CONSTITUTIONAL LAW - Canadian Charter of Rights and Freedoms - Fundamental freedoms - Freedom of expression

Application by Hamilton for a declaration that the Ambulance Services Bargaining Act violated s. 2(d) of the Canadian Charter of Rights and Freedoms (Charter). ... [read more]

Wednesday, July 04, 2018 @ 8:38 AM

SCOTUS and the right side of history | Jennifer Taylor

The last page of Justice Sonia Sotomayor’s dissent in Trump v. Hawaii is now hanging on my office door. It’s a reminder of two things: First, court decisions are not always right (the majority in Trump v. Hawaii upheld the president’s so-called travel ban, a proclamation imposing “entry restrictions” on, and effectively banning travellers from, several mostly Muslim-majority countries). ... [read more]

Tuesday, July 03, 2018 @ 1:01 PM - Last Updated: Friday, July 06, 2018 @ 12:17 PM

Tough road ahead for company fighting job program’s attestation of Charter rights, scholar says Beverley Baines

An uphill battle likely lies ahead for an Ontario concrete company hauling Canada’s government to court over having to attest to women’s abortion rights before taking part in a summer jobs program. This is the view of at least one legal mind following an application filed to the Federal Court by Sarnia Concrete Products Ltd., alleging its Charter rights were violated when its application was turned down for Canada Summer Jobs (CSJ) — a federal program giving employers wage subsidies to hire secondary and post-secondary students. ... [read more]

Wednesday, June 27, 2018 @ 1:12 PM

Trinity Western case a nuanced look at scope of religious freedom | Heather MacIvor

On June 15 the Supreme Court of Canada approved the refusal by two law societies to accredit graduates of a proposed law school at Trinity Western University (TWU) in British Columbia. Students and faculty at the private evangelical Christian school are required to sign a “community covenant agreement,” pledging to “voluntarily abstain” from “sexual intimacy that violates the sacredness of marriage between a man and a woman.” Violations of the covenant can result in suspension or expulsion. ... [read more]

Tuesday, June 26, 2018 @ 9:02 AM

Pipelines and pot — a primer on paramountcy pipelineundercity_sm.jpg

The federal government’s announcement that it was purchasing the rights to the Kinder Morgan Trans Mountain pipeline opened a new front in the battle over whether and how Canada should transport hydrocarbon-based energy sources, largely from Alberta, from “wellhead to tidewater.” ... [read more]

Monday, June 25, 2018 @ 10:41 AM

Supreme Court’s TWU decision: an illiberal outcome Humanoids_sm.jpg

The Supreme Court of Canada’s Trinity Western decisions (Trinity Western University v. Law Society of Upper Canada 2018 SCC 33; Law Society of British Columbia v. Trinity Western University 2018 SCC 32) are being celebrated by many as a win for diversity. In truth, the “diversity” advanced by the majority’s reasons is not authentic diversity at all. ... [read more]

Friday, June 22, 2018 @ 10:18 AM

Fantasy Courts asks players to predict how the Supreme Court will rule Thomas Slade

Forget basketball brackets, hockey pools and fantasy sports. Now Canadians can demonstrate their superior knowledge of Supreme Court decisions in an online fantasy court challenge. ... [read more]