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Archive For Entries On Charter

R v Taylor: A Case about Complete Denial of Access to Counsel

In R v Taylor, 2014 SCC 50, Abella J. declared that section 10(b) Canadian Charter of Rights and Freedoms had been violated, which resulted in Jamie Kenneth Taylor’s “inability to exercise a meaningful and informed choice as to whether he should or should not consent to the taking of blood samples at the hospital” (at […]

Individuality and Community: Expounding the Fundamental Freedoms’ Normative Antinomy

I It has been said that the Canadian Charter of Rights and Freedoms is a liberal document. On this view, the Charter presupposes an individualistic conception of the rights-bearer. It conceives of persons as having pre-politically discrete identities and as being free, autonomous, and independent of the community. Its function is to “police the boundary that […]

The Reasonable Expectation of Privacy in the Information Age: R v Spencer

On June 13, 2014, Cromwell J., in R v Spencer, 2014 SCC 43, gave a ruling on whether or not Matthew David Spencer had a reasonable expectation of privacy with respect to his subscriber information. Contrary to the decision of the trial judge, Cromwell J. concluded that since “[t]he disclosure of the subscriber information will […]

A Logical Flaw in the Supreme Court of Canada’s Analysis of Positive Entitlements to Expressive Freedom

I In Baier v Alberta, 2007 SCC 31 [Baier], Justice Rothstein of the Supreme Court of Canada articulated a test for whether an underinclusive statutory platform of expression infringes section 2(b) of the Canadian Charter of Rights and Freedoms, and thus whether a claimant has a positive entitlement to access that platform. He adopted the test from […]

Cuts to Refugee Health Care Found Unconstitutional: Canadian Doctors for Refugee Care v Canada

On July 4, 2014, in Canadian Doctors for Refugee Care v Canada (Attorney General), 2014 FC 651, Justice Anne Mactavish declared invalid the federal government’s 2012 cuts to the Interim Federal Health Program (IFHP) for violating section 12 and 15 of the Canadian Charter of Rights and Freedoms. This ruling is compelling for the novelty […]

Constitutionalizing Environmental Protections Under the Charter: PART 4

This is the final post in a multi-part series that explores constitutionalizing environmental protections through s. 7 of the Charter in the context of heavy oil processing in Peace River, Alberta. The author is solely responsible for the opinions expressed, and any errors or omissions made. For a PDF version of this post with full […]

Constitutionalizing Environmental Protections Under the Charter: PART 3

This post is the third of a multi-part series that explores constitutionalizing environmental protections through s. 7 of the Charter in the context of heavy oil processing in Peace River, Alberta. The author is solely responsible for the opinions expressed, and any errors or omissions made. For a PDF version of this post with full […]

Constitutionalizing Environmental Protections Under the Charter: PART 2

This post is the second of a multi-part series that explores constitutionalizing environmental protections through s. 7 of the Charter in the context of heavy oil processing in Peace River, Alberta. The author is solely responsible for the opinions expressed, and any errors or omissions made. For a PDF version of this post with full […]

R v Schmidt: Call them “Cow-Share Agreements”… But You’re Still Just Distributing Unpasteurized Milk

In R v Schmidt, 2014 ONCA 188 [Schmidt], a decision released on March 11, 2014, the Ontario Court of Appeal considered the legality of a milk farmer’s scheme to sell unpasteurized milk and milk products – which can pose a serious health risk – as part of a “cow-share agreement.”

Constitutionalizing Environmental Protections Under the Charter: PART I

This post is the first of a multi-part series that explores constitutionalizing environmental protections through s. 7 of the Charter in the context of heavy oil processing in Peace River, Alberta. The author is solely responsible for the opinions expressed, and any errors or omissions made. For a PDF version of this post with full […]