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Monday, November 11, 2019 @ 9:34 AM

Civil rights groups seek first-ever Supreme Court ruling on constitutionality of solitary confinement Jessica Magonet

Nearly five months ago, the British Columbia Court of Appeal held that indefinite, prolonged solitary confinement violates prisoners’ rights to life, liberty and security of the person under Charter s. 7, and the B.C. Civil Liberties Association (BCCLA) and the John Howard Society of Canada (JHSC), which were involved in that case, now seek a similar finding from the Supreme Court of Canada, which has yet to rule on the constitutionality of administrative segregation. ... [read more]

Thursday, November 07, 2019 @ 1:30 PM

B.C. concerned with ‘constitutionalization’ of adversarial expert witness system B.C. Attorney General David Eby

British Columbia is considering whether to launch an appeal of a recent decision by the provincial Supreme Court which struck down a key pillar of its efforts to rein in costs at the government-owned automobile insurance provider. ... [read more]

Wednesday, November 06, 2019 @ 1:02 PM

Group challenges new election rules on spreading false information Joanna_Baron_sm

A Canadian rights group wants struck down recently amended laws it maintains could lead to a “sword of Damocles” hanging over those who unknowingly spread false statements online during federal election campaigns. ... [read more]

Tuesday, November 05, 2019 @ 2:07 PM

Quebec, Ottawa applaud Justice Kasirer, province’s new role in nominating Quebec SCC judges Chief Justice of Quebec Nicole Duval Hesler with Supreme Court of Canada Justice Nicholas Kasirer

The Supreme Court of Canada saw a rare display of federal-provincial unanimity Nov. 4 as the attorneys general of Canada and Quebec jointly hailed the top court’s newest judge and the province’s beefed-up role in the reformed process that culminated in Justice Nicholas Kasirer’s nomination. “The nomination of Justice Kasirer to the court is historic,” Attorney General of Canada David Lametti said of the new process during the welcoming ceremony in the Supreme Court’s courtroom which was packed with Justice Kasirer’s family and friends, along with many legal lights from the bar and bench in Quebec and across Canada. ... [read more]

Monday, November 04, 2019 @ 12:48 PM

McLachlin on A2J, climate change, sexual assault, AI, pro bono, lawyers’ ‘vital’ role Beverley McLachlin

The Charter may offer an avenue for combating climate change, former Chief Justice of Canada Beverley McLachlin says as climate litigation ramps up here and in the rest of the world. “I think the main obligation, constitutionally, for tackling this major problem rests with the federal government and the provinces — but courts are part of the picture because the [Charter s. 7] right to life, liberty and security of the person is something that all of us are entitled to, and climate change may tie into that,” Canada’s former top judge suggested in a wide-ranging LexisNexis Canada webinar on access to justice Oct. 10. ... [read more]

Friday, November 01, 2019 @ 9:24 AM

Time for Supreme Court to revisit issue of rights for non-citizens, lawyers say Lorne Waldman

The Federal Court of Appeal has ruled the Charter did not apply when looking at the cases of two permanent residents who were ordered to be deported due to their criminal history, a decision that may find itself before the Supreme Court as legal experts are saying it is time to take a fresh look at the constitutional rights of non-citizens. ... [read more]

Tuesday, October 29, 2019 @ 12:20 PM

Clément Gascon reflects on 5 years at SCC; says access to justice ‘huge challenge’ for bar, bench TLD Exclusive

Lawyers could face mandatory pro bono obligations if they don’t rise to the “huge challenge” of facilitating civil access to justice for Canadians who can’t afford their services, newly retired Supreme Court of Canada Justice Clément Gascon tells The Lawyer’s Daily. ... [read more]

Wednesday, October 16, 2019 @ 1:47 PM

Quebec court’s decision to uphold municipal billboard ban called ‘surprising’ Guillaume Rousseau

Three of Canada’s biggest outdoor sign companies have six months to demolish dozens of billboards in a trendy Montreal borough after the Quebec Court of Appeal held that a municipal bylaw banning outdoor advertising panels represents a minimal infringement on freedom of expression. ... [read more]

Wednesday, October 16, 2019 @ 9:36 AM

Alberta should tread lightly on farm protest legislation, legal observers say Peter Sankoff, University of Alberta faculty of law

The Alberta government has vowed to move forward with legislation aimed at protesters who trespass on farms, but legal experts are saying the government should be cautious in its approach as it may not withstand constitutional scrutiny. ... [read more]

Wednesday, October 02, 2019 @ 1:55 PM

Court rules Quebec’s back-to-work legislation unconstitutional

A Quebec court ruling that declared unconstitutional a special law that forced provincial government lawyers and notaries to put a halt to the longest Canadian strike by public civil servants may give them much needed ammunition to persuade the government to introduce binding arbitration, according to legal experts. ... [read more]