With the recent release of Canada (Prime Minister) v. Khadr, 2010 SCC 3, the application of the Canadian Charter of Rights and Freedoms to the activities of the Canadian government outside of Canada continues to occupy centre stage (see TheCourt.ca’s coverage of the Khadr 2010 decision here, here and here). Advocates of Omar Khadr, [...]

TheCourt.ca is very pleased to reproduce the decisions of the Women’s Court of Canada. In 2004, this group of feminist/equality Charter activists, lawyers, and academics, decided to do something about what they saw as the sorry state of equality jurisprudence under s. 15. Their solution - rewrite the key decisions of the Supreme Court of [...]

On January 27, 2010, the UK Supreme Court struck down two UK Orders in Council that formed the entirety of the country’s terror financing and asset-freezing law (Her Majesty’s Treasury v. Mohammed Jabar Ahmed and others; Mohammed al-Ghabra; Hani El Sayed Sabaei Youssef ([2010] UKSC 2 & [2010] UKSC 5). The Court held the laws [...]

If the name Umar Farouk Abdulmutallab doesn’t ring a bell, you might know him better as the “Christmas Day bomber”. On December 25, Abdulmutallab managed to avoid the “rigorous” airline security in Amsterdam and boarded Flight 253 heading to Detroit with explosives strapped to his underwear. As Flight 253 began its descent towards Detroit, Abdulmutallab [...]

On December 17, the Supreme Court of Canada heard Fraser v. Ontario (Attorney General), 2008 ONCA 760 (”Fraser“), which tests the constitutional right to collective bargaining under the Charter’s s. 2(d) freedom of association in the case of farm workers. Coming off of a recent Labour and Employment Law exam and having an affirmed interest [...]

The metaphorical glass ceiling has closed in again. This time, it is the Olympic aspirations of female ski jumpers that has been crushed by a male-biased system that limits the opportunities for female advancement. Last Friday, the British Columbia Court of Appeal released its written reasons in Sagen v. Vancouver Organizing Committee for the 2010 [...]

In light of what is going on across the pond these days, it behooves us to pay attention to what happens where you fail to separate state and religion. Though to be honest, when your head of state also serves as Supreme Governor of the Church of England, such an exercise might be somewhat difficult. [...]

TheCourt.ca is pleased to present this piece from John H. Currie, Associate Professor at the University of Ottawa’s Faculty of Law, commenting on Canada v. Khadr, 2008 SCC 28. Our past discussion on the 2008 Khadr decision can be found here.
On May 23, 2008, the Supreme Court released a judgment addressing the applicability of the [...]

On September 18, the Superior Court of Quebec released its decision in the novel and intriguing case of Bil’in (Village Council) v. Green Park International Ltd., 2009 QCCS 4151. The plaintiffs sought to claim against a Quebec corporation and its sole director for participating in war crimes allegedly committed in the West Bank. However, Superior [...]

Editorial Note: This post is the first of a series on the Supreme Court of Canada and the Federal Court of Appeal’s jurisprudence on the application of the Charter of Rights and Freedoms to conduct outside Canada. The series will emphasize these courts’ broader understandings (or misunderstandings) of the reception of international law by Canadian [...]