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Tuesday, October 27, 2020 @ 9:45 AM

Ontario Appeal Court decision a victory for not criminally responsible accused: lawyers Jeff Marshman sm

The Ontario Court of Appeal has ruled that the Ontario government and the Ontario Review Board violated a man’s Charter right to liberty for the past six years by keeping him confined to a psychiatric hospital — even after his medical team and the board agreed in 2014 he could be moved into supportive housing in the community. ... [read more]

Wednesday, October 21, 2020 @ 4:08 PM

Civil liberties group to appeal border ban ruling in Newfoundland and Labrador Cara_Zwibel_sm

Canada’s civil rights watchdog is appealing a Newfoundland court’s ruling that the province was right to close its borders to non-essential entry in light of the COVID-19 health crisis. ... [read more]

Wednesday, October 21, 2020 @ 9:51 AM

Aesthetics do not trump freedom of expression, Alberta landowners say in appeal of sign bylaw James Kitchen, Justice Centre for Constitutional Freedoms

A group of landowners in Alberta is challenging a recent decision by the provincial Court of Queen’s Bench concerning signs on rural property that it says values aesthetics over constitutional guarantees of free expression. ... [read more]

Monday, October 19, 2020 @ 2:53 PM

End of opioid treatment program in Alberta violates Charter, patients argue

A group of patients participating in an Alberta drug therapy program aimed at treating people with serious opioid addiction issues are alleging the government has violated their constitutional rights by choosing not to continue funding their treatment, and is seeking the courts’ assistance to keep it going. ... [read more]

Friday, October 16, 2020 @ 5:09 PM

SCC rules RCMP pension plan discriminatory to women in part-time work program Rosalie Abella

The Supreme Court of Canada has found the RCMP’s pension plan discriminates against women after the force denied three female officers their request to buy back pension credits lost while working part time in order to have more time with their children. ... [read more]

Thursday, October 15, 2020 @ 1:21 PM

Law professor deems medically assisted dying amendments welcome, needed Jocelyn_Downie_sm

A legal mind is lauding Ottawa’s renewed bid to amend assisted dying laws that would remove an eligibility requirement deemed unconstitutional and widen the ability to consent to a life-ending medical procedure. ... [read more]

Friday, October 09, 2020 @ 9:22 AM

Constitution does not protect Indigenous hunting rights for non-residents, Supreme Court hears Mark Underhill, Arvay Finlay LLP

The Supreme Court is weighing a case which will decide whether an Indigenous man resident in the United States has constitutionally protected hunting rights in Canada, which he argued was part of the traditional territory of his ancestors. Richard Lee Desautel is a member of the Lakes Tribe of the Colville Confederated Tribes (CCT) in Washington state, an American citizen who has never lived in British Columbia. ... [read more]

Wednesday, October 07, 2020 @ 9:35 AM

Courts in Canada weighing climate constitutional challenges Chris Tollefson, Tollefson Law Corporation

Moving the needle on climate change may soon no longer be the exclusive domain of politicians as courts across the country consider whether to move ahead with a number of lawsuits which are arguing the way in which federal and provincial governments have dealt with greenhouse gas emissions has violated Canada’s Constitution. ... [read more]

Thursday, September 24, 2020 @ 9:12 AM

Group predicts Charter challenge to Saskatchewan’s COVID-19 response Marty_Moore_sm

Saskatchewan’s government will “likely” face a future Charter challenge over lockdown measures put in place for the COVID-19 health crisis, says an official with a group accusing the province of violating residents’ rights in its response to the pandemic. This comes in the wake of a Sept. 14 report by the Justice Centre for Constitutional Freedoms (JCCF), which alleges that Saskatchewan’s government used an unjustifiable overreach of power to enact rules the JCCF says violated people’s rights to move, assemble, travel, associate, worship and work. ... [read more]

Monday, September 21, 2020 @ 3:36 PM

Court cites ‘prejudices’ to Black tenants in overturning landlord’s eviction bid

In a case involving commercial leasing, an Ontario Superior Court judge has concluded that a Toronto landlord and property manager consciously or unconsciously displayed “racial stereotyping” when they terminated a tenant’s lease and tried to evict the owners of the Caribbean restaurant from their shopping plaza. ... [read more]