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Tuesday, September 21, 2021 @ 8:50 AM

Minister’s decision to dismiss applications to French-language schools ‘reasonable,’ court rules

The Northwest Territories Court of Appeal has restored decisions made by the minister of education, culture and employment to not allow several families to send their children to French-language schools as they did not qualify under s. 23 of the Charter. ... [read more]

Thursday, September 16, 2021 @ 8:57 AM

Government can’t avoid constitutional challenge by saying law will be repealed: Alberta rights group Jay Cameron, Justice Centre for Constitutional Freedoms (JCCF)

Alberta’s highest court will soon be grappling with the issue of public interest standing in constitutional cases, a decision which could pave the way to a major challenge of steps the provincial government took to fight the COVID-19 pandemic. ... [read more]

Monday, September 13, 2021 @ 5:05 PM - Last Updated: Monday, September 13, 2021 @ 5:25 PM

Ex-top judge Beverley McLachlin calls writing legal page-turners a challenging ‘voyage of discovery’ Beverley McLachlin

Beverley McLachlin spent 28 years at the Supreme Court of Canada grappling with the country’s most difficult legal problems, but she tells The Lawyer’s Daily writing legal thrillers presents its own unique challenges. The author of an award-winning autobiography, Truth Be Told: My Journey Through Life and the Law, and the #1 best-selling courtroom suspense novel Full Disclosure, releases her second legal page-turner this week, featuring tough-minded criminal lawyer Jilly Truitt. ... [read more]

Thursday, August 12, 2021 @ 4:01 PM

Alberta decision shows need for Supreme Court to weigh in on self-induced intoxication: law prof Lisa Silver, University of Calgary faculty of law

The Alberta Court of Appeal has overturned the acquittal of a man who assaulted a university professor while naked and high on magic mushrooms, saying a lower court judge was in error when he ruled that a section of the Criminal Code dealing with self-induced intoxication was unconstitutional. ... [read more]

Tuesday, August 03, 2021 @ 10:27 AM

Expression of controversial or unpopular ideas ‘price we pay for our freedom,’ B.C. judge says

A B.C. judge has ruled a local municipality violated a church’s free speech rights when it cancelled a Christian youth conference due to the participation of an anti-LGBTQ activist. ... [read more]

Thursday, July 29, 2021 @ 9:18 AM

Twitter cannot use its contract law power in way that restricts freedom of expression: lawsuit Joel Bakan, UBC School of Law

Twitter has been hit with a lawsuit alleging its content policies are out of sync with the Charter’s free speech protections, and a University of British Columbia law professor involved in the case is also calling on the federal government to bring in legislation which would safeguard freedom of expression on social media platforms. ... [read more]

Monday, July 26, 2021 @ 9:37 AM

Case against B.C. law society deals with ambit of investigatory power, says lawyer Carey Veinotte, Whitelaw Twining LLP

A B.C. lawyer is arguing an investigation into his practice by the Law Society of British Columbia (LSBC)’s violated Charter protections against unreasonable search and seizure. The challenge surrounds Rule 4-55 of the LSBC’s rules, which states that if the chair of the law society’s discipline committee reasonably believes a lawyer or former lawyer may have committed a discipline violation the “chair may order that the Executive Director conduct an investigation of the books, records and accounts of the lawyer or former lawyer, including, if considered desirable in the opinion of the chair, all electronic records of the lawyer or former lawyer.” ... [read more]

Tuesday, July 13, 2021 @ 4:17 PM

Civil liberties boss behind surveillance of Manitoba judge leaves job John Carpay, former president of the Justice Centre for Constitutional Freedoms

The head of a national civil liberties group is taking an “indefinite period of leave” from his job after it came to light that he hired a private investigator to surveil Manitoba’s top judge, the organization’s board has confirmed. ... [read more]

Tuesday, July 13, 2021 @ 8:27 AM

‘Time is now’ to change approach to land use after B.C. treaty ruling, lawyer says Lisa Glowacki, Ratcliff & Co.

A B.C. Supreme Court judge has ruled against the province in a case alleging widespread and long-standing violation of a First Nation’s treaty rights, a decision which could have implications far beyond the province’s borders. ... [read more]

Monday, July 12, 2021 @ 1:41 PM

Insight from U.S. studies on privatization of Native American lands Sketch of house

In contrast to Canadian studies on modern treaties, studies on the effect of private ownership of Indigenous lands in the U.S. have also shown mixed results. In Christian Dippel’s 2020 study, the authors analyzed the impact of non-transferable property rights on land development of communally owned tribal lands, allotted-trust lands (most comparable to Canada’s certificates of possession) and fee simple Native American lands. Their research showed that land-use efficiency for communally owned tribal lands, although lower than fee simple lands, was higher than allotted trust. ... [read more]