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Archive For Entries On Charter

Catching the Wolf of Bay Street: R v Shin

The Ontario Court of Appeal’s (“ONCA”) decision in R v Shin, 2015 ONCA 189, upheld a drug trafficking conviction that followed from an extensive police investigation in the Greater Toronto Area (“GTA”). Brian Shin was arrested after he entered a stash house where police were waiting for him. Although the arrest violated Shin’s Charter rights, […]

High School Students Successfully Challenge Mandatory Breathalyser for Prom Attendees under the Charter

In Simon Gillies et al v Toronto District School Board, 2015 ONSC 1038, Justice Himel of the Superior Court of Ontario held that a mandatory breathalyser test for high school prom attendees violated section 8 of the Charter. This case applied the Charter in an interesting context and led to a win for the high […]

Loyola v Quebec, Part I – the Majority: Water in Loyola’s Wine

This is the first part of a two-part comment on the Supreme Court of Canada (“SCC”) decision in Loyola High School v Quebec (Attorney General), 2015 SCC 12 [Loyola]. It will summarize the majority opinion of Justice Abella. Unlike the concurring opinion of Chief Justice McLachlin, which will be set out in Part II, Abella […]

Prosecution Found To Be “Making Things Up As It Went Along”: R v Auclair

In R v Auclair, 2014 SCC 6, the Supreme Court of Canada (“SCC”) denied leave to appeal from the Quebec Court of Appeal decision. In denying the appeal from R v Auclair, 2013 QCCA 671, the SCC also took the opportunity to highlight the “extraordinary and unique nature” of the situation that Superior Court Justice […]

Supreme Court Denies Leave to Appeal in McAteer v Canada (AG): Oath to the Queen Continues

The Supreme Court of Canada (“SCC”) recently denied leave to appeal from the Ontario Court of Appeal (“ONCA”) decision in McAteer v Canada (Attorney General), 2014 ONCA 578. The case was a challenge to the requirement under the Citizenship Act, RSC 1985, c C-29, to swear an oath to the Queen during the Canadian citizenship […]

Veils, Oaths, and Canadian Citizenship: Ishaq v Canada

On February 6, 2015, in the well-publicized decision of Ishaq v Canada (Minister of Citizenship and Immigration), 2015 FC 156 [Ishaq], the Federal Court ruled that it was unlawful for the Canadian Government to ban new citizens from reciting the citizenship oath with a face-covering veil. Since the decision was released, the Harper Government has […]

Minority Language Schools Don’t Have to Be Perfect: NWT v Association des parents ayants droit de Yellowknife

Minority language rights were at the centre of a recent case heard by the Northwest Territories Court of Appeal (“NWTCA”), with the court ruling that equality does not mean perfect schooling conditions. The court, in Northwest Territories (Attorney General) v Association des parents ayants droit de Yellowknife, 2015 NWTCA 2, set aside a lower court […]

Constitutionalizing Pursuit of the Client’s Cause: Canada (AG) v Federation of Law Societies

In a decision being lauded by the bar, the Supreme Court of Canada held that provisions of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, SC 2000, c 17 [PCTFA] violate sections 7 and 8 of the Charter in Canada (Attorney General) v Federation of Law Societies of Canada, 2015 SCC 7 [FLSC].

Supreme Court of Canada Strikes Down Prohibition against Physician-Assisted Dying in Carter v Canada: Part II

This is the second part of a three-part series discussing the Supreme Court of Canada’s paramount decision in Carter v Canada (Attorney General). Part I has addressed the notion that stare decisis is not a straitjacket that condemns the law to stasis. Part II will address the changes that the Carter decision will have on […]

Supreme Court of Canada Strikes Down Prohibition against Physician-Assisted Dying in Carter v Canada: Part I

This is the first part of a three-part series discussing the Supreme Court of Canada’s paramount decision in Carter v Canada (Attorney General). Part I will address stare decisis. Part II will address the changes that the Carter decision will have on our understanding and interpretation of s. 7 of the Charter. Part III will […]