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Constitutional

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Friday, November 09, 2018 @ 10:13 AM - Last Updated: Friday, November 09, 2018 @ 3:04 PM

Top court rules constitutional path is clear for proposed pan-Canadian securities regulation Chief Justice Richard Wagner

The Supreme Court of Canada has ruled 9-0 that the Constitution authorizes pan-Canadian securities regulation by a single national securities regulator, as per the national “Cooperative System” for the regulation of capital markets proposed by Ottawa and five provinces and one territory. ... [read more]

Tuesday, October 30, 2018 @ 9:05 AM

SCC’s Gladue guidance used in Nunavut judge’s quashing of mandatory minimum Lana_Walker_sm

Unjust punishment and Indigenous principles of rehabilitation and reconciliation led a Nunavut judge to strike down a mandatory minimum sentence that would have meant faraway jail time for a Kimmirut man guilty of firearms offences, lawyers say. ... [read more]

Wednesday, October 24, 2018 @ 12:01 PM

Manitoba wrong to ban all cannabis from courthouses: lawyer Abby_Deshman_sm

Manitoba is being discriminatory in its “blanket” ban of all cannabis in its courthouses, says a lawyer with the Canadian Civil Liberties Association (CCLA). Abby Deshman, director of the CCLA’s criminal justice program, takes particular issue with the part of Manitoba’s court policy that bans medical marijuana along with the recreational kind, which was legalized nationally on Oct. 17. ... [read more]

Tuesday, October 23, 2018 @ 1:14 PM

Judge erred in dismissing Indigenous man’s constitutional claim on child support: Ontario Court of Appeal Nicholas Bala, Queen's University Faculty of Law

An Indigenous man arguing his child support case should be determined by the traditional legal structures of his people will get another chance to argue his case before a judge after the Ontario Court of Appeal unanimously ruled a lower court erred by dismissing his claim before giving him more time to develop his arguments and by saying he lacked standing to make them. ... [read more]

Monday, October 22, 2018 @ 9:26 AM

McGill study of young, high drivers doesn’t address problems with roadside cannabis limits, lawyers say Michael_Engel_sm

Defence lawyers are questioning the merits of a recent study finding “significant impairment” among young drivers after inhaling marijuana, saying it fails to address issues with the “per se” legal limits. This is how some are reacting to a study out of Montreal’s McGill University, which found young drivers to be at a higher risk of auto collision up to five hours after being given a 100 mg dose of cannabis through a vaporizer. ... [read more]

Thursday, October 18, 2018 @ 9:30 AM

Family sponsorship income requirement does not violate Charter: Federal Court of Appeal Avvy Go, Metro Toronto Chinese & Southeast Asian Legal Clinic

The Federal Court of Appeal has ruled against a woman who claimed the federal minimum income requirements for sponsoring family members to come to Canada were a violation of her rights under the Charter, saying she was unable to prove the provisions had an adverse impact on her. ... [read more]

Wednesday, October 17, 2018 @ 9:28 AM

Canada’s top cop says officers ready for pot-smoking drivers; lawyers say issues still linger cannabis

“Measured” to “overly optimistic” is how some lawyers are describing a declaration by Canada’s top police chief that officers are ready to deal with drivers impaired by marijuana. Criminal defence lawyers are weighing in following an Oct. 15 press conference in Vancouver by Canadian Association of Chiefs of Police (CACP) president Adam Palmer, who said “police agencies are ready” for the coast-to-coast legalization of marijuana on Oct. 17. At one point, Palmer turned to the subject of police preparedness for impaired driving due to marijuana — a touchy spot for some who feel there remains a lack of concrete science behind what constitutes impairment from marijuana. ... [read more]

Wednesday, October 10, 2018 @ 11:58 AM

Quebec Court of Appeal rules woman wearing hijab was entitled to be heard in court

A day after Quebec premier-elect François Legault suggested he would be ready to invoke the Constitution’s notwithstanding clause to override the Charter of Rights and Freedoms to ban religious symbols for civil servants, the Quebec Court of Appeal ruled that a provincial court judge erred when she denied a hearing to a woman wearing a hijab. ... [read more]

Wednesday, October 03, 2018 @ 1:00 PM

Iacobucci to lead ‘meaningful consultation’ with Indigenous groups affected by Trans Mountain expansion Frank_Iacobucci

Ottawa has appointed former Supreme Court of Canada Justice Frank Iacobucci as its federal representative to help create, and oversee, a new process of “meaningful consultation” featuring “specific and focused” dialogue with the 117 Indigenous groups that would be affected by the stalled Trans Mountain expansion project. ... [read more]

Wednesday, October 03, 2018 @ 11:17 AM

Discrimination claimed in British Columbia medical residency placements Lisa Feldstein, Lisa Feldstein Law Office

The system of matching medical school graduates with residencies is coming under fire in B.C., with a petition before that province’s Supreme Court saying the system in place violates the Charter rights of Canadians who have pursued their education outside the country. ... [read more]