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Tuesday, January 19, 2021 @ 1:33 PM

Quebec court’s rejection of legal aid constitutional challenge called ‘catastrophic decision’

A Montreal criminal lawyer behind a constitutional challenge of Quebec’s legal aid disbursements system and a motion to revamp the legal aid fee system lost his bid after Quebec Superior Court held that it was a political matter. ... [read more]

Friday, January 15, 2021 @ 10:51 AM

Legal experts question ‘justification’ of Quebec’s COVID curfew Cara Zwibel, director of the fundamental freedoms program with the Canadian Civil Liberties Association

A provincewide four-week curfew instituted by the Quebec government to stem COVID-19 infection rates and to serve as an “electroshock therapy” to deter people who have been flouting public health measures was launched without providing any grounds based on evidence that justifies the breaches of the Canadian and Quebec Charter, according to legal experts. ... [read more]

Friday, January 15, 2021 @ 9:14 AM

B.C.’s COVID-19 restrictions violate freedom of religion, association: lawsuit Margot Young, professor of constitutional and social justice law at UBC

The B.C. government may soon find itself defending provincial COVID-19 restrictions in response to a lawsuit filed by faith communities in the province claiming they unfairly restrict freedom of religion and association. ... [read more]

Wednesday, January 13, 2021 @ 3:06 PM

Human Rights Tribunal passes on public interest remedies in case of handcuffed child Janina Fogels sm

The Human Rights Tribunal of Ontario has ordered a $35,000 award but declined to impose public interest remedies on the Peel Regional police in a case stemming from a 2016 incident in which two police officers handcuffed a 6-year-old Black girl’s wrists and ankles to immobilize her when they were called by the school to respond to a behavioural issue. ... [read more]

Thursday, December 24, 2020 @ 3:40 PM

Saskatchewan judge being investigated for visiting protest camp

A Saskatchewan judge is facing a judicial probe for visiting an Indigenous protest camp outside the province’s legislature after quashing the government’s attempt to have the demonstrators removed.  ... [read more]

Wednesday, December 23, 2020 @ 7:55 AM

Amended medical assistance in dying bill has some hurdles to clear in Senate Marc Gold

The federal government’s representative in the Senate expects that Bill C-7 will pass the upper chamber before the Feb. 26 extension that the Quebec Superior Court granted the federal government to comply with the court’s ruling, Truchon c. Procureur général du Canada 2019 QCCS 3792. ... [read more]

Wednesday, December 16, 2020 @ 5:21 AM

B.C. court issues order on privately funded surgeries ahead of appeal hearing

The B.C. Court of Appeal has granted an interim order preventing the provincial government from using its enforcement powers against a medical clinic at the centre of a high-profile case challenging the constitutionality of the province’s public health-care system. ... [read more]

Monday, December 14, 2020 @ 3:46 PM

Groundbreaking accord embeds reconciliation in all laws, says Yellowknife lawyer Larry Innes sm

A pioneering legislative development protocol between the government of the Northwest Territories and several Indigenous governments will guide all future land and resource development in the territory and could serve as a model for other parts of Canada, says a Yellowknife lawyer who advised one of the parties to the agreement. ... [read more]

Monday, December 14, 2020 @ 11:26 AM

Feds seek extension on MAiD ruling as Senate set to debate proposed changes to regime Justice Minister David Lametti

The federal government is once again asking a Quebec court to give it more time to comply with a ruling which declared aspects of Canada’s medical assistance in dying (MAiD) regime to be unconstitutional. Ottawa filed a motion Dec. 11 to ask the Quebec Superior Court to extend its ruling in Truchon v. Procureur général du Canada 2019 QCCS 3792, which said the Criminal Code’s requirement that a person’s death to be reasonably foreseeable in order to qualify for MAiD violated the Charter. ... [read more]

Thursday, December 10, 2020 @ 12:36 PM

‘Doesn’t make any sense’ to not challenge Alberta’s COVID-19 restrictions as a whole, says lawyer James Kitchen, Justice Centre for Constitutional Freedoms

A court challenge arguing Alberta’s COVID-19 restrictions are unconstitutional is being called the first to be directed against all lockdown measures in a province rather than just dealing with them on a piecemeal basis. ... [read more]