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Archive For Entries On Charter

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 […]

Is the Right to Strike Protected by the Charter? A Review of R v Saskatchewan Federation of Labour

Since 2001 there has been considerable turmoil at the Supreme Court of Canada (“SCC”) surrounding collective bargaining rights under the Charter. During this period, two significant decisions have appeared to shift the Court towards recognizing a constitutional right to collective bargaining. As a result, a trial judge in Saskatchewan took the audacious step of assuming […]

SCC Continues to Navigate the Tension Between Labour Relations and Privacy in Bernard v Canada

Last November, the Supreme Court of Canada decided that Alberta’s Personal Information Protection Act, SA 2003 c P-6.5, which, inter alia, had the effect of preventing unions from filming individuals crossing a picket line, was an unjustifiable violation of the constitutional right to freedom of expression (for more, see the commentary by Avnish Nanda and Brock […]

Mandatory Minimum Sentence for Drug Offences Struck Down by BC Provincial Court in R v Lloyd

After finding the mandatory minimum sentence for drug possession for the purpose of trafficking (contrary to s. 5(2) of the Controlled Drugs and Substances Act [CDSA]) violated s. 12 of the Charter (R v Lloyd, 2014 BCPC 0008 [Lloyd]) in January 2014, Galati J. of the Provincial Court of British Columbia has found that the […]

R v Vu: The SCC Rules that Computers Require Distinctive Treatment under Section 8 of the Charter

In a landmark decision regarding section 8 of the Canadian Charter of Rights and Freedoms, the Supreme Court of Canada unanimously ruled that specific prior authorization is needed to search individuals’ computers and similar devices. Facts and Judicial History Following suspicions that the appellant Thanh Long Vu was stealing electricity, Constable Carter of the RCMP […]

Appeal Watch: Religiosity in Government to be Deliberated by SCC in MLQ v. City of Saguenay

Over the past couple of decades, there have been calls to remove God from Canada’s national anthem, ban the wearing of religious symbols by public servants in Quebec, and abolish the recitation of the Lord’s Prayer during town council meetings in Ontario. The Bouchard-Taylor Commission on reasonable accommodation in Quebec recommended that municipal councils abandon […]