In April the Supreme Court of Canada (SCC) handed down its latest pronouncement on the relationship between the Charter’s guarantee to freedom of association and the collective bargaining process in Ontario (AG) v Fraser (Fraser). In Fraser, a majority of the Court determined that Ontario’s Agricultural Employees’ Protection Act (AEPA) is consistent with the Charter’s s. 2(d) guarantee [...]

Earlier this summer, Chief Justice McLachlin, for a unanimous Supreme Court of Canada, rejected a constitutional equality claim brought by a group of claimants from the Peavine Métis Settlement in Alberta. The decision offers a particularly powerful demonstration of how ss. 15(1) and 15(2) of the Canadian Charter of Rights and Freedoms work together to [...]

It is, in all likelihood, a coincidence that the anniversary of Halpern v. Canada (2002) comes on the heels of Toronto’s annual gay pride festival, but the timing is impeccable. On July 12, 2002, Justice LaForme, for a unanimous Ontario Superior Court of Justice, released a landmark decision that would pave the way towards gay [...]

Justice Elaine Adair, for the Supreme Court of British Columbia in Pratten v. British Columbia (Attorney General), 2011 BCSC 656, has struck down provincial legislation that protects sperm donor anonymity. More specifically, it was held that certain provisions of B.C.’s Adoption Act and Adoption Regulation unjustifiably violated section 15 of the Canadian Charter of Rights [...]

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 [...]

Advocates for a national securities regulator in Canada will be disappointed with the Alberta Court of Appeal’s decision in favour of the provincial opponents in the Reference re Securities Act (Canada), 2011 ABCA 77.  The Court of Appeal found that the federal government does not have the constitutional authority to regulate securities under the proposed Securities [...]

In R. v. Gomboc, 2010 SCC 55, the Supreme Court of Canada was once again asked to consider the application of the right to be free from unreasonable search and seizure under section 8 of the Charter. This case has been discussed at great length on this website. Early last month, I offered my thoughts on [...]

Originally argued in front of the Supreme Court of the United States (SCOTUS) last fall to lively online and media debate, the recent decision of NASA v. Nelson (2011) 562 U.S. (pdf link) was released on January 19, 2011 to considerably less fanfare in the blogosphere. As discussed in my prior post about this case, [...]

The state may withhold so-called “secret evidence” in court proceedings, even if it means an alleged criminal may walk free. In a decision which delicately balances individual liberties with the state’s obligation to protect society by preventing the disclosure of information that could pose a threat to national defence/security, the SCC  has pleased both the [...]

Over the December holidays, I succumbed to Apple’s iPhone 4: 9.3 mm thin, recyclable aluminosilicate glass, retina display, A4 chip, Camera & LED…it’s everything I ever wanted in a phone! Moreover, I get a solid half an hour of Angry Birds playtime on my subway rides up to Osgoode Hall Law School, conveniently located on [...]