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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]

Wednesday, December 09, 2020 @ 9:56 AM

Arvay remembered as one of Canada’s greatest constitutional litigators Joseph Arvay

Constitutional lawyer Joseph Arvay is being lauded as a tireless fighter for civil liberties and human rights after his death at the age of 71. Arvay, a lawyer with Arvay Finlay LLP in Vancouver, died of a heart attack Dec. 7. As a lawyer, he was involved in some of Canada’s most prominent constitutional litigation. ... [read more]

Friday, December 04, 2020 @ 9:43 AM

Liberals table bill to align Canadian law with UN declaration on Indigenous rights David_Lametti_sm

The federal government has made good on a promise to introduce “transformational” legislation that would provide a framework for aligning Canadian laws with rights laid out in the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). ... [read more]

Thursday, December 03, 2020 @ 2:13 PM

Appeal Court decision highlights plight of accused in custody, says lawyer

A recent Ontario Court of Appeal decision offers a stark illustration of the constitutional black hole that continues to affect remand prisoners four years after R. v. Jordan’s imposition of trial time limits, says a Toronto lawyer. ... [read more]

Thursday, December 03, 2020 @ 9:21 AM

Judge denies request to pause ‘anti-Alberta’ energy inquiry Devon Page, Ecojustice

An environmental law group has been dealt a setback in its fight against a contentious inquiry into the funding of supposed “anti-Alberta” energy campaigns. Justice Karen Horner of Alberta’s Court of Queen’s Bench dismissed Ecojustice’s attempt to pause the inquiry’s proceedings Nov. 26. ... [read more]

Wednesday, November 25, 2020 @ 9:45 AM

Ontario court gives green light to precedent-setting environmental case Nader Hasan sm

In a landmark victory for Canadian climate-change activists, the Ontario Superior Court of Justice has dismissed a bid by the Ontario government to shut down a lawsuit launched by seven young environmentalists alleging that weaker climate change legislation passed by Premier Doug Ford’s Conservatives violates the s. 7 and s. 15 Charter rights of the province’s youth and future generations. ... [read more]

Tuesday, November 24, 2020 @ 9:49 AM

New medical assistance in dying bill passes constitutional muster, justice minister says Justice Minister David Lametti

Canada’s justice minister is saying its new legislation on medical assistance in dying (MAiD) will pass the constitutional test, despite concerns that it may discriminate against people who are suffering from mental illness. ... [read more]

Friday, November 20, 2020 @ 5:42 PM

Ontario sex offender law invokes ‘prejudicial and stereotypical views’ about mentally ill: SCC Justice Andromache Karakatsanis

The Supreme Court has upheld a ruling which declared Ontario’s sex offender registry to be discriminatory against people who have been found not criminally responsible due to mental disorder and have also received an absolute discharge, a decision which also gives some updated guidance on when a court should impose a declaration of invalidity. ... [read more]

Monday, November 16, 2020 @ 8:02 AM

Despite setback, plaintiffs in climate constitutional challenge plan to move forward Chris Tollefson, Tollefson Law Corp.

Plaintiffs in a landmark case alleging the federal government’s response to greenhouse gases is a violation of their Charter rights are pledging to continue the fight despite a court loss which said their claim did not disclose a reasonable cause of action. In La Rose v. Canada 2020 FC 1008, Federal Court Justice Michael Manson granted the federal government’s motion to strike the statement of claim, writing that “there are some questions that are so political that the courts are incapable or unsuited to deal with them.” ... [read more]