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Archive For Entries On Charter

R v Rogers Communications: Some Guidelines for Big Brother

In R v Rogers Communications, 2016 ONSC 70 [Rogers], Justice John Sproat of the Ontario Superior Court of Justice provided some much needed guidance to police and issuing justices when handling production orders for “tower dumps.” Sought by investigators through a court order, tower dumps occur when a telecom company is compelled to provide the […]

BC Court of Appeal Upholds a Reasonable Expectation of Privacy in a Text Message: R v Pelucco

Relatively recent advances in technology and surveillance powers raise new questions about expectations of privacy that an individual may have in regards to that technology. For example, courts have held that individuals have a high expectation of privacy in their own homes, as the oft quoted line from Semayne’s Case, 77 Eng Rep 194; 5 […]

Live from the SCC: Extending Time to Respond to Carter v Canada

On February 6, 2015, the Supreme Court of Canada (“SCC”) handed down its decision in Carter v Canada (Attorney General), [2015] 1 SCR 331 [Carter] – a historic ruling wherein the criminal prohibition on physician assisted suicide was declared unconstitutional, inconsistent with section 7 of the Charter.  The declaration of invalidity was suspended by one […]

Yukon Francophone School Board v Yukon: the School Board’s Powers

There exists within the territory of the Yukon only one French-language school, École Émilie-Tremblay, which is governed by the only school board in the Yukon, the Francophone School Board (“Board”). In 2009, this lone Board sued the Yukon government for what it claimed were deficiencies in the provision of minority language education. In 2015, the […]

Remedying Hypothetical Charter Breaches: Lessons from R v Appulonappa

The newest member in the illustrious “class of section seven” Charter jurisprudence is R v Appulonappa, 2015 SCC 59 [Appulonappa], a recent Supreme Court of Canada (“SCC”) ruling on the constitutionality of a federal human smuggling offence. The decision is not only noteworthy for its political significance (stemming from a refugee controversy taking place several […]

Is the New NCR Defense Law Too Little, Too Late?

Murder in Shoppers Drug Mart An apparently random stabbing amid the hustle and bustle of Christmas shoppers and downtown professionals stunned the City of Toronto. Rosemarie Junor was making a quick midday stop at a Shoppers Drug Mart when she was brutally attacked by an unknown assailant who left a grave knife wound through her […]

Crouch v Snell or: How Adults Ruined It for the Kids

The tragic suicide of Rahtaeh Parsons as a result of relentless cyber-bullying in 2013 elicited the sympathy and concern of not just Canadians but also the international community. Only three weeks after her death, the Nova Scotia legislature enacted the Cyber-safety Act, SNS 2013, c 2 [CSA]. The CSA aimed to address cyberbullying and was […]

New Toronto Police Initiative: Expanding Pre-charge Youth Diversion

Toronto police are set to launch a new youth diversion program that will be fully implemented by early 2016. In a recent news release, the two Toronto Police officers responsible for spearheading this program describe the benefits of pre-charge diversion in lowering youth recidivism (i.e. reoffending) rates. They also bring attention to the positive results […]

Ktunaxa Nation v BC: Bringing Aboriginal Spirituality into Section 2(a) of the Charter

The British Columbia Court of Appeal (“BCCA”) case Ktunaxa Nation v BC, 2015 BCCA 352 [Ktunaxa], has some problematic implications for the scope of religious freedom under section 2(a) of the Charter. Aboriginal spirituality has never officially been recognized under 2(a). It is likely that Ktunaxa will go to the Supreme Court of Canada (“SCC”). […]

R v Lloyd: BC Court of Appeal Declines to Declare Minimum Sentencing Legislation Invalid

At issue in R v Lloyd, 2014 BCCA 224 was whether section 5(3)(a)(i)(D) of the Controlled Drugs and Substances Act, SC 1996, c 19 [CDSA] amounted to cruel and unusual punishment under section 12 of the Charter. Section 5(3)(a)(i) of the CDSA contemplates certain conditions whereby a sentencing judge must impose a mandatory minimum sentence […]