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Wednesday, May 19, 2021 @ 9:03 AM

Sex workers forge ahead with Charter challenge despite Ontario court decision

A national coalition of 25 sex worker rights groups will continue with a constitutional challenge of federal sex work laws despite a recent Ontario Superior Court finding that several provisions in the Harper-era Protection of Communities and Exploited Persons Act (PCEPA) violate the Canadian Charter of Rights and Freedoms. ... [read more]

Monday, May 17, 2021 @ 3:37 PM

Injunction to stop anti-lockdown protests issued in Nova Scotia

A court in Nova Scotia has ordered an injunction against groups seeking to protest the province’s COVID-19 health measures. On May 14, Nova Scotia’s Supreme Court issued the provincewide, ex parte injunction in response to rallies that two protest groups had planned for the next day, Saturday, May 15. ... [read more]

Friday, May 07, 2021 @ 4:33 PM - Last Updated: Friday, May 07, 2021 @ 5:09 PM

No automatic right of appeal for convicted youth where there is a dissent: SCC Chief Justice Richard Wagner

A divided Supreme Court has ruled that a section of the Youth Criminal Justice Act (YCJA) which denies an automatic right of appeal for young people in criminal cases passes constitutional muster. The decision in R. v. C.P. 2021 SCC 19 stems from a Toronto-area beach party where a 15-year-old male, identified only as C.P, allegedly had non-consensual sex with a 14-year-old female, R.D., who had been severely intoxicated. ... [read more]

Wednesday, May 05, 2021 @ 9:39 AM

Injunction against Alberta ‘turn off the taps’ legislation premature, Federal Court of Appeal says Eric Adams, University of Alberta faculty of law

Alberta has won the latest court battle in a fight with British Columbia over its so-called “turn off the taps” legislation, but a legal scholar is saying the tiff between Canada’s two westernmost provinces is likely not over. The Federal Court of Appeal has overturned an injunction against Alberta’s Preserving Canada’s Economic Prosperity Act, a 2018 law which would require companies to obtain a licence before exporting energy products from Alberta via pipeline, rail or truck. ... [read more]

Friday, April 30, 2021 @ 9:15 AM

RCMP ‘at best’ wilfully blind towards Charter implications of holding on to evidence: B.C. judge

A B.C. judge is calling out the province’s homicide investigation team for “systemic, flagrant” disregard for Charter-protected rights in a decision which may have an impact on hundreds of murder cases in the province. ... [read more]

Friday, April 23, 2021 @ 5:05 PM - Last Updated: Friday, April 23, 2021 @ 5:17 PM

Supreme Court rules on Aboriginal hunting rights of those outside Canada Malcolm Rowe, Supreme Court of Canada

In upholding the acquittal of a Native American hunter who killed an elk in British Columbia without a licence, the Supreme Court has ruled that Indigenous groups outside Canada can claim Aboriginal rights if they are successors of Aboriginals who occupied Canadian territory at the time of European contact. ... [read more]

Thursday, April 22, 2021 @ 12:41 PM

Quebec Superior Court upholds secularism bill, but exempts English-language schools

Quebec’s controversial secularism law, which bans religious symbols from being worn by government employees, was largely upheld by the province’s Superior Court thanks to the provincial government’s use of the notwithstanding clause even though it disproportionately harms women and particularly Muslim women. ... [read more]

Wednesday, April 21, 2021 @ 8:54 AM

New Alberta public health bill repeals controversial COVID-19 powers Jay Cameron, Justice Centre for Constitutional Freedoms

The government of Alberta has introduced new legislation aimed at curbing some of the concerns raised about the powers it has used in response to the COVID-19 pandemic, but legal observers are noting it does not address concerns about too much power being put in the hands of the provincial medical officer of health to issue orders without adequate oversight by elected representatives. ... [read more]

Monday, April 19, 2021 @ 8:27 AM

Federal Court of Appeal overturns decision on safe third country agreement with U.S. Sharry Aiken, Queen’s University faculty of law

The Federal Court of Appeal has overturned a decision which declared Canada’s Safe Third Country Agreement (STCA) on refugee claimants with the United States to be unconstitutional, saying the challenge of the agreement was not properly constituted. ... [read more]

Monday, April 12, 2021 @ 8:07 AM

Separate appeals launched in B.C., Alberta COVID-19 constitutional challenges Jay Cameron, Justice Centre for Constitutional Freedoms litigation manager

Alberta and B.C.’s COVID-19 restrictions may once again find themselves before the courts after the launch of separate appeals in cases which dismissed constitutional challenges of public health orders in both provinces. ... [read more]