Anti-gay demonstrator Bill Whatcott will soon learn what the Supreme Court of Canada has to say about the offensive flyers he dumped on Western Canada in the early 2000s. Whatcott spammed “hundreds of thousands” of Saskatchewanites until four people filed human rights complaints against him, claiming he had violated the Province’s hate laws. He responded [...]

January 14, 2011 marked the ten-year anniversary of the first same-sex marriages registered in Canada. In 2001, two couples were the first to marry at the Metropolitan Community Church of Toronto (MCCT), but the Ontario and Canadian governments refused to recognize the marriages as legal. What followed was a legal challenge to the definition of [...]

In the late 1990s, the New Westminster diocese (‘territory’) of the Anglican Church of Canada (ACC) convened a synod (‘council’) in order to consider the question of whether clergy ought to bless same-sex unions. In 1998, the Diocese decided to permit, though not require, clergy to perform liturgical blessings for same-sex couples. In 2002, the [...]

In R. v. N.S., 2010 ONCA 670, a unanimous Ontario Court of Appeal sets out a framework for triers of fact who that are dealing with a question that is becoming increasingly prevalent in our multicultural society: should a female Muslim witness be allowed to wear a niqab – a veil that covers the face [...]

Quebec Premier Jean Charest made quite a splash last month when his government tabled Bill 94, legislation that would require anyone providing or receiving government services to do so with their face uncovered. (See coverage in the Globe, the Toronto Star, and the National Post.) The legislation takes direct aim at Muslim women who wear the [...]

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 Professor Richard Haigh of Osgoode Hall Law School, commenting on the recent SCC case, Alberta v. Hutterian Brethren of Wilson Colony, 2009 SCC 37. For more of our commentary on this case, see here. For years, the Hutterites of Wilson Colony in Alberta were granted an exemption [...]

The Supreme Court’s Engagement with s. 2(a) The Supreme Court of Canada’s recent ruling in Alberta v. Hutterian Brethren of Wilson Colony, 2009 SCC 37, has already inspired much critical commentary, both in the mainstream media and on TheCourt.ca because of its atypically distressing outcome for rights claimants and dubious appraisal in a popular newspaper. [...]

Mandating Photographic Driver’s Licences The Supreme Court has finally released judgment in Alberta v. Hutterian Brethren of Wilson Colony, 2009 SCC 37 – a case closely watched by constitutional scholars and popular media for its engagement with the Charter’s s. 2(a) freedom of religion guarantee. Very unfortunately, the outcome may signal to members of some [...]

The Constitutionality of Compelling Medical Treatment of Children On Friday, the Supreme Court of Canada released judgment in A.C. v. Manitoba (Director of Child and Family Services), 2009 SCC 30, a case which navigates the complicated interplay of a mature minor’s right to autonomous decision-making and the state’s responsibility to keep vulnerable children from harm. [...]