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Archive For Entries On Bill of Rights

No Loss For Words: SCOTUS Sustains First Amendment Protection for Military Funeral Protests in Snyder v. Phelps

Those who have seen Louis Theroux’s BBC documentary, The Most Hated Family in America, and wondered whether Westboro Baptist Church was inevitably headed for a lawsuit, were vindicated when Albert Snyder finally brought the infamous Phelps family to court after they protested at the funeral of his son.  Marine Lance Corporal Matthew Snyder was killed [...]

Marriage Uncertainty in California, and A Look Back at the Road to Same-Sex Marriage in Canada

The election of President-elect Barack Obama on November 4th was a euphoric moment for socially progressive American voters. The jubilation, however, was attenuated by the simultaneous passage of anti-gay legislation in four states. California, Arizona and Florida voted to ban same-sex marriages while, in a move targeting gays and lesbians, Arkansas banned unmarried couples from [...]

Same Sex Marriage in Argentina

In recent years, same sex marriage has become one of the hottest legal and political topics worldwide. Latin America is no exception to this rule. Recently, in September 2007, the National Civil Court of Appeals, (“Cámara Nacional de Apelaciones en lo Civil”), rejected an injunction brought by a couple of two women that wanted to [...]

Pardoned Offences and Moral Character in Montréal (City) v. Quebec

Last week the Supreme Court handed down a split decision in Montréal (City) v. Quebec (Commission des droits de la personne et des droits de la jeunesse), 2008 SCC 48. In this post, I will consider the majority, authored by Justice Deschamps, which clarifies the implications of a pardon to a criminal offence on the [...]