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Constitutional

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Friday, September 20, 2019 @ 3:40 PM - Last Updated: Friday, September 20, 2019 @ 3:43 PM

Officials hope recommendations to end racial profiling will help lawyers, clients Renu_Mandhane_sm

There is hope a new set of recommendations on how to end racial profiling by Ontario’s police forces will jump-start better communication between lawyers and aid them in understanding how profiling impacts their clients. ... [read more]

Friday, September 20, 2019 @ 10:25 AM

Ontario Court of Justice rules on retrospectivity of amendment impacting preliminary inquiries Michael Lacy sm

The Ontario Court of Justice has grappled with the retrospectivity of s. 535 of the Criminal Code, which was amended by Bill C-75, ruling the court has jurisdiction to conduct a preliminary inquiry in cases “where a request for a preliminary inquiry has been made prior to September 19, 2019.” ... [read more]

Thursday, September 19, 2019 @ 2:12 PM

Legal cross-fertilization at Supreme Court of Canada: Recent trends | Lawrence David

The Supreme Court of Canada (SCC) gives Canadians many reasons to be proud of its important work. For one, Canadians can boast about their Supreme Court being the only bilingual and bijuridical apex judicial institution in the world. Appeals are heard in English and French and, reflecting Canada’s legal diversity, from both the common law and civil law traditions. ... [read more]

Tuesday, September 17, 2019 @ 9:18 AM

Police chief’s security protocol at HQ allowed under role as occupier, court rules

The Ontario Court of Appeal has ruled that the screening process at police headquarters put in place by Toronto Police Chief Mark Saunders for security purposes was a “reasonable measure” and an exercise of his “common law powers as an occupier.” ... [read more]

Monday, September 16, 2019 @ 11:58 AM

Appeal Court upholds Quebec Superior Court’s civil jurisdiction under Constitution

Quebec’s 157 federally appointed Superior Court judges could find themselves with more cases on their rolls following a recent ruling by the province’s Court of Appeal. ... [read more]

Friday, September 13, 2019 @ 8:58 AM

Alberta launches challenge of federal environmental assessment legislation Martin Olszynski

Alberta will once again find itself in court to fight Ottawa after it announced it was asking the provincial Court of Appeal to look at the federal government’s recently passed environmental assessment legislation, but a law professor is saying the challenge will likely be an unsuccessful one. ... [read more]

Thursday, September 12, 2019 @ 11:30 AM

Restriction on homegrown cannabis ruled unconstitutional by Quebec Superior Court Julien Fortier

A Quebec Superior Court ruling that struck down the provincial ban on homegrown cannabis may set the stage for another constitutional legal battle over the province’s proposed strict draft regulations on cannabis edibles, according to legal experts. ... [read more]

Thursday, September 12, 2019 @ 8:50 AM

New B.C. treaty policy will be as effective as political will to implement it, lawyer says Merle Alexander, Miller Titerle & Co.

Members of the legal community in British Columbia are hailing a new policy for negotiating treaties with First Nations in the province as a step forward in advancing reconciliation, but say issues remain that could lead to complications down the road. ... [read more]

Friday, August 30, 2019 @ 9:10 AM

Constitutional challenge to B.C. family law legal aid moving forward Raji Mangat, West Coast LEAF

A lawsuit arguing British Columbia has a constitutional responsibility to ensure access to the justice system for women who are fleeing violent relationships or face ongoing abuse from ex-spouses will soon have its day in court. On Aug. 23, B.C. Supreme Court Chief Justice Christopher Hinkson ruled against the B.C. government and the provincial Legal Services Society (LSS) in their attempts to dismiss the suit as having no reasonable claim ... [read more]

Monday, August 26, 2019 @ 10:50 AM

‘Deeply problematic’ individual citizenship informs interpretation of Charter rights: law prof Sharry Aiken, Queen’s University Faculty of Law

The Federal Court of Appeal has ruled against a number of refugee claimants who argued an inability to be heard before a government appeal body violated their constitutional rights. ... [read more]