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Thursday, May 16, 2019 @ 9:37 AM

ONCA rules docs’ religious objections to MAiD, abortion, other health care don’t trump patients’ right of access Ruth Ainsworth and Lisa Brownstone

In a far-reaching decision that could go to the Supreme Court of Canada, the Ontario Court of Appeal has affirmed the constitutionality of the “effective referral” requirements imposed on doctors by the Ontario College of Physicians and Surgeons. ... [read more]

Wednesday, May 15, 2019 @ 9:30 AM

Decision on Indigenous hunting rights ‘will be picked up in other parts of the world’: lawyer Mark Underhill, Arvay Finlay LLP

An Indigenous man from the United States has had his acquittal for unlawful hunting upheld after the B.C. Court of Appeal has ruled his Aboriginal right to hunt was protected by the Canadian Constitution. ... [read more]

Friday, May 03, 2019 @ 6:03 PM - Last Updated: Friday, May 03, 2019 @ 10:38 PM

Saskatchewan Appeal Court rules carbon tax valid, so all eyes on Ontario, says legal mind Nathalie_Chalifour_sm

The Saskatchewan Appeal Court’s ruling that the federal government’s carbon tax imposed in that province is constitutionally sound “likely” paves the way for a similar decision to be made in Ontario, says a legal mind. ... [read more]

Thursday, May 02, 2019 @ 12:31 PM

SCC chief justice to lead international body of francophone constitutional courts Richard_Wagner

Canada’s top judge has assumed the presidency of an international organization dedicated to strengthening the rule of law and promoting judicial independence in French-speaking constitutional courts around the globe. On May 1 in Montreal, Chief Justice of Canada Richard Wagner opened a two-day conference of the Association des Cours Constitutionnelles ayant en Partage l’Usage du Français (ACCPUF) ... [read more]

Wednesday, May 01, 2019 @ 9:36 AM

Yukon court strikes down mandatory minimum sentence in sexual exploitation case

A man who was convicted of sexual exploitation has had his sentence upheld by the Yukon Court of Appeal, despite the court finding the mandatory minimum sentence associated with the offence to be unconstitutional. The appellant, identified only as E.O. due to a publication ban, was convicted of the sexual touching of a dependent person by a person in trust or authority under s. 153(1) of the Criminal Code ... [read more]

Monday, April 29, 2019 @ 4:21 PM

Refugees’ ‘demonstrably unfit’ 45-day sentence tossed by Quebec Appeal Court

Two days after the federal government proposed to make it tougher for asylum seekers from making refugee claims in Canada, the Quebec Court of Appeal overturned a 45-day prison sentence issued against a Colombian mother and son who pleaded guilty to unlawful entry into Canada.     ... [read more]

Thursday, April 25, 2019 @ 11:52 AM

Manitoba court ruling ‘reinforces police powers’ to search and arrest, says Crown

An Appeal Court’s decision to retry two men charged with drug and firearms offences during an investigation into a road rage incident where handguns were allegedly drawn reinforces the power of police to use context and cumulative circumstances in justifying a search and arrest, says a Crown involved in the case. ... [read more]

Wednesday, April 17, 2019 @ 9:47 AM

Court orders changes to sex-offender registry laws regarding accused ruled not criminally responsible

Within a year, anyone who is found not criminally responsible on account of mental disorder (NCRMD) for a sexual offence and receives an absolute discharge may no longer be required to register under the federal and Ontario sex offender registries following an April 4 ruling by the Ontario Court of Appeal. ... [read more]

Wednesday, April 10, 2019 @ 9:41 AM

‘Delivery’ not ‘controlled act’ under Regulated Health Professions Act: Ontario Court of Appeal Jonathan Lisus sm

An appeal regarding the “territorial restrictions on the legislative competence of Ontario regarding the dispensing of prescription eyewear” has been allowed by the Ontario Court of Appeal as it determined that “dispensing” eyewear, as defined under the Regulated Health Professions Act (RHPA), includes the “delivery” of that product to a patient or consumer. ... [read more]

Monday, April 08, 2019 @ 11:28 AM

Encore: The what, why and where to of Quebec’s Bill 21 Muslim woman

Introduced in March 2019 in Quebec’s National Assembly, Bill 21 purports to affirm the particular secular character of Quebec by articulating foundational principles and the precise requirements to which they give rise. In the name of “the laicity of the State,” the Quebec Charter of Human Rights and Freedoms will be modified, and the wearing of religious symbols will be prohibited for individuals engaged in a long list of public functions. ... [read more]