The Tranchemontagne series of cases have received some previous attention on this site. In this note, however, I want to focus on one of the more significant, if understudied, aspects of the 2009 Ontario Disability Support Program v. Tranchemontagne Ontario Divisional Court decision. [1] In this decision the Court directly addresses a growing trend in [...]

The Ontario Court of Appeal recently heard arguments in Director, Ontario Disability Support Program v. Tranchemontagne, (2009) 95 O.R. (3d) 327, a case of great interest to constitutional scholars for its engagement with issues surrounding substance abuse and disability. Specifically, the complainants suffer from chronic alcoholism as their “sole impairment” to ordinary functioning.  They have [...]

Nearly two weeks ago, the Ontario Court of Appeal heard arguments in the controversial and much-anticipated case Director, Ontario Disability Support Program v. Tranchemontagne (2009), 95 O.R. (3d) 327. The appeal revolves around two acknowledged alcoholics, disabled by their disease, who seek to receive income support under the Ontario Disability Support Program Act, 1997, S.O. [...]

On February 2 the Ontario Court of Appeal rendered its decision in Leering v. College of Chiropractors of Ontario, 2010 ONCA 87, a professional ethics/discipline case concerning the stiff prohibition on sexual relations between medical professionals and their patients. In December 2004, the appellant Vincent Leering, a chiropractor, commenced an intimate relationship with a woman. [...]

Health care undertakings by a province are potentially immune from criminal law. That is the conclusion reached by a 2-1 majority in PHS Community Services Society v. Canada (Attorney General), 2010 BCCA 15 [PHS]. The case concerned Insite, a Vancouver clinic which provides a safe place for addicts to use drugs, and the applicability of [...]

Background In Canada, Marijuana is subject to a criminal prohibition on possession, sale, and production under the Controlled Drugs and Substance Act, S.C. 1996, c. 19. In recent years, however, courts have recognized exemptions for the medicinal use of marijuana based on s. 7 of the Charter. The first and most profound crack in the absoluteness [...]

When families break down, Canadian courts are often charged with the difficult and unenviable task of determining custodial and access arrangements in the “best interests” of an affected child. Ontario’s Child and Family Services Act, R.S.O. 1990, c. C.11, provides a number of relevant factors to be considered in making such determinations, one of which [...]

As the federal and provincial governments rolled out their vaccination programs for H1N1 flu last week, health ministers, doctors, and other government representatives have all been answering questions about the vaccine’s safety and efficacy. There has recently been much debate about the wisdom and effectiveness of population-wide vaccination: for example, see this month’s cover story [...]

Last Thursday, the Supreme Court denied leave to appeal in C.D. v. A.B., 2009 BCCA 200, affirming the statutory requirement that even allegedly “delusional” spouses must possess the necessary intent to live separate and apart before the courts will grant a divorce. Circumstances precipitating family breakdown are almost always distressing. In this case, the husband [...]

The SCC’s recent decision in A.C. v. Manitoba, 2009 SCC 30, further makes clear that where children’s self-determination rights under the Charter are concerned, age limits to activate those rights are at least in some cases constitutionally valid. Unfortunately, that is about all it makes clear: A.C. is a decision that avoids confrontation with any [...]