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Tuesday, August 04, 2020 @ 2:34 PM

Some conditional sentence restrictions struck down in first successful Charter challenge Nader Hasan sm

A precedent-setting Ontario Court of Appeal decision striking down some restrictions on conditional sentences appears to open the way again for Charter challenges based on section 15 equality rights, says the lawyer who represented the successful appellant. ... [read more]

Tuesday, July 28, 2020 @ 1:22 PM

Feds could face new Charter challenge after Safe Third Country Agreement declared unconstitutional Anthony Navaneelan

While the Federal Court’s July 22 ruling, Canadian Council for Refugees v. Canada (Immigration, Refugees and Citizenship) 2020 FC 770, declared the near-16-year-old, Canada-U.S. Safe Third Country Agreement (STCA) unconstitutional, the federal government could face another Charter challenge over another directive regarding asylum seekers included in last year’s omnibus budget legislation. ... [read more]

Tuesday, July 21, 2020 @ 9:36 AM

Cancellation of pact with province unconstitutional, Alberta physicians argue in suit Patrick Nugent

The long-running pay dispute between Alberta and its doctors may be taking a turn towards a courtroom as the organization representing the province’s physicians has decided to launch a legal challenge of the provincial government’s decision to cancel its agreement on the provision of medical services with it earlier this year. ... [read more]

Friday, July 17, 2020 @ 3:45 PM

SCC denies Crown appeal; decision ‘clear notice’ to be proactive in moving cases forward: lawyer The Supreme Court

The Supreme Court of Canada has dismissed the Crown challenge of a decision by the Quebec Court of Appeal to allow the stay of proceedings in the case of a man accused of murdering his spouse, ruling his right to be tried within a reasonable time was infringed. ... [read more]

Friday, July 10, 2020 @ 5:46 PM - Last Updated: Friday, July 10, 2020 @ 6:04 PM

Genetic discrimination law constitutional, Supreme Court rules Justice Andromache Karakatsanis

In a 5-4 decision, the Supreme Court of Canada has ruled Parliament had the authority to enact a law prohibiting genetic discrimination despite an earlier ruling which said it was unconstitutional. But a number of legal observers noted the court did not ultimately resolve an issue that had been facing it for some time — what level of harm is necessary in order for Parliament to utilize its criminal law power. ... [read more]

Thursday, July 09, 2020 @ 1:45 PM

Proposed Ontario legislation to extend emergency powers raises concerns Cara Zwibel sm

Opposition parties and civil liberties advocates say they will be watching closely to see if the Ontario government’s extension of emergency powers opens the way for abuse of power. ... [read more]

Friday, July 03, 2020 @ 12:12 PM

First Nations say SCC refusal to hear pipeline appeal undermines consultation, reconciliation Eugence Kung sm

Three British Columbia First Nations opposed to Ottawa’s $12.6-billion expansion of the Trans Mountain bitumen pipeline say the Supreme Court of Canada has dealt a lasting blow to reconciliation by refusing to hear their challenge to a February Federal Court of Appeal decision that cleared the way for the project. ... [read more]

Friday, June 26, 2020 @ 2:21 PM

Queen’s University Faculty of Law launches consultation to rename Sir John A. Macdonald Hall

Queen’s University Faculty of Law is reviewing the name of its main building, Sir John A. Macdonald Hall — joining a growing movement across North America calling into question the commemoration of historical figures linked to oppression. ... [read more]

Thursday, June 25, 2020 @ 9:47 AM

Ontario greenhouse gas emissions targets violate Charter, lawsuit argues Dayna Scott, Osgoode Hall Law School

A group of nine young people have taken the Ontario government to court, arguing its greenhouse gas emission (GHG) targets are inadequate to meet the challenges associated with climate change and violate their constitutional rights. The focus of the lawsuit, which has been filed in the Superior Court of Justice, is the GHG emission reduction set by the Ford government in the Cap and Trade Cancellation Act, 2018 and later articulated in its “made in Ontario” environmental plan, which aims to reduce GHG emissions by 30 per cent below 2005 levels by 2030. ... [read more]

Wednesday, June 24, 2020 @ 1:27 PM

Mandatory minimum sentences reverse restorative justice in Nunavut: lawyers Maija Martin

Restorative justice for Nunavut’s Indigenous peoples has been set back after the territory’s Appeal Court reimposed mandatory minimum prison sentences for two Inuit men convicted of firing guns during disputes with others, say lawyers involved. ... [read more]