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 [...]

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. [...]

R. v. Kapp, 2008 SCC 41, was a s. 15 Charter challenge to British Columbia’s issuing of communal fishing licences to aboriginal bands. The majority of the Supreme Court decided that s. 15(2) provided a full defence to the claim, making it unnecessary to conduct a full s. 15(1) analysis. Nevertheless, McLachlin C.J. and Abella [...]

R. v. Kapp in the Context of Equality Jurisprudence Last June’s ruling in R. v. Kapp , 2008 SCC 41, provided much needed clarification of the convoluted equality jurisprudence ensuing from the imposition of the Law ([1999] S.C.R. 497) test nine years ago. Hailing the original Andrews ([1989] 1 S.C.R. 143) formulation as supreme, with [...]

Handed down on June 27, 2008, R. v. Kapp, 2008 SCC 41, involves the interplay between sections 15 and 25 of the Canadian Charter of Rights and Freedoms, specifically in the context of Aboriginal fishing rights.  This brief commentary asserts that Kapp goes further than simply upholding Aboriginal fishing rights.  In fact, the ruling provides [...]

The Kapp (2008 SCC 41) ruling offers the most important addition to s.15 jurisprudence since the Law ([1999] 1 S.C.R. 497) decision of 1999. After a number of years of silently enduring an academic onslaught, the Court has engaged with the barrage of scholarly criticism directed at the Law test (see footnotes 1 and 2) [...]