Focus On
NEW In-House Counsel | Insurance | Intellectual Property | Immigration | Natural Resources | Real Estate | Tax

Constitutional

Latest

Monday, May 14, 2018 @ 11:52 AM

New Ontario prison legislation ‘progressive,’ but hard caps on segregation needed, says legal scholar Adelina_Iftene_sm

New Ontario legislation governing the treatment of inmates is “progressive” in its capping of time spent in segregation but may still leave prisoners unprotected by allowing extensions to stays in solitary, says one legal mind. ... [read more]

Monday, April 23, 2018 @ 11:59 AM

Stay calm and carry on the message in R. v. Comeau | Richard Pound

Okay, everyone, take a Valium. For the Chicken Littles among us — relax. The sky is not falling on the regulation of interprovincial trade. Section 121 of the Constitution Act, 1867 is not dead. Its important role has simply been brought into slightly sharper focus. By the same token, the provinces have not been turned loose to completely frustrate the free movement of goods in the context of interprovincial trade. ... [read more]

Monday, April 23, 2018 @ 9:19 AM

Checking on child welfare does not permit warrantless police searches, Appeal Court rules Peter_Abametz_sm

A Saskatchewan appeal decision upholding exclusion of evidence “affirmed old bedrock principles” that police cannot use child protection as “carte blanche to invade people’s privacy,” said the lawyer of a mother acquitted of drug and gun charges. ... [read more]

Friday, April 20, 2018 @ 11:54 AM

Environmental, First Nations authority over Trans Mountain pipeline unclear: legal experts Eugene Kung, West Coast Environmental Law

The Trans Mountain pipeline project has inflamed passions across the country, but nowhere more than in British Columbia. The provincial government has promised to do everything in its power to stop it, but legal experts are divided over whether it has the constitutional wherewithal to do so. ... [read more]

Wednesday, April 18, 2018 @ 12:30 PM

Police unlawfully present in operating room privacy issue in drug trial, says lawyer Daniel_Brown_sm

The recent compromising of a Toronto drug trial after it was found police were present when heroin was surgically removed from a suspect’s rectum is a reminder officers must respect the right to privacy, says a lawyer. ... [read more]

Wednesday, April 18, 2018 @ 9:02 AM

Privacy and the Charter: Assessing the right to be forgotten online_removal_sm

The so-called “right to be forgotten” (RTBF) has recently attracted interest in Canada. Some legal scholars have argued that the RTBF is fundamentally incompatible with the Charter of Rights and Freedoms and could never survive a constitutional challenge. ... [read more]

Tuesday, April 17, 2018 @ 2:04 PM

Law surrounding mandatory sex offender registration may have to be resolved at the SCC: law prof Lisa Silver, University of Calgary Faculty of Law

An Alberta superior court judge has declared a law that requires mandatory registration on the nation’s sex offender list unconstitutional, saying it casts too wide a net for offenders and removes discretion from judges and prosecutors when deciding whether an individual should be placed on the list. ... [read more]

Tuesday, April 17, 2018 @ 8:36 AM

Adult-only condo age restrictions removed in Alberta adults_only_sm

Whether you are an empty nester looking to downsize, or a senior desiring to living with similarly aged people, a criteria in your condominium or apartment hunting may be that the building is age restricted. In other words, you might desire to live in a building that only permits owners and occupants of a certain age. ... [read more]

Thursday, April 12, 2018 @ 3:46 PM

McLachlin’s diplomacy, caring helped defuse tensions, build consensus at SCC: ex-judge LeBel Retired SCC Justice Louis LeBel and retired SCC Chief Justice Beverley McLachlin

Beverley McLachlin’s behind-the-scenes diplomacy in dealing with the inevitable disagreements and rivalries among the Supreme Court of Canada’s competitive and “ambitious” nine members helped the top court achieve a remarkable level of consensus during her 18 years as its leader, says retired Supreme Court Justice Louis LeBel. ... [read more]

Monday, April 09, 2018 @ 2:28 PM

Supreme Court shaped Charter into what it is today: McLachlin Beverley McLachlin

Beverley McLachlin says Canada has gone through enormous change since the adoption of the Canadian Charter of Rights and Freedoms on a rainy day in April 1982, and much of that change has been shaped by justices of the Supreme Court who interpreted the Charter as a document capable of ensuring broad protections for every Canadian man, woman and child. ... [read more]