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Archive For Entries On Charter

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 […]

Solidarity Forever! A Right to Strike is Recognized in Saskatchewan Federation of Labour v Saskatchewan

In the context of more and more services being designated as “essential” by Canadian governments, a finding of a right to strike under the s. 2(d) right to freedom of association is enormously significant in Saskatchewan Federation of Labour v Saskatchewan, 2015 SCC 4. It is apparent that the Supreme Court of Canada has undergone […]

Presenting TheCourt.ca‘s Third Annual Golden Gavel Awards

And the Nominees Are… After a four-year hiatus, we at TheCourt.ca thought it time we revive our public announcement of our list of nominees for the prestigious Golden Gavels, formerly known as the OZZY. Unfortunately, TheCourt.ca’s editors have not yet secured the funds to rent out the Dolby Theatre for the annual Golden Gavel awards ceremony. […]

Empowering Wind-Farm Development in Ontario: Dixon v MOE

As wind farms become an increasingly common sight in Ontario’s rural communities, disputes among residents and green-energy developers are likely to occur with ever-greater frequency. In the past two years, the Environmental Review Tribunal (“ERT”) has heard a number of complaints regarding the approval of wind-farm projects by the Ministry of the Environment. In this […]

PS v Ontario: ONCA Finds Ontario Mental Health Law Breached the Charter

The Ontario Court of Appeal’s judgment in PS v Ontario, 2014 ONCA 900, has determined that a detainee in a mental health institution suffered discrimination and a denial of procedural fairness, contrary to his Charter rights under Sections 15 and 7. The case arose from the 19-year-long involuntary detention of a man, identified only as PS, at a […]

RCMP Permitted to Form Unions: A Purposive Approach to Freedom of Association in Mounted Police Association of Ontario v Canada

In Mounted Police Association of Ontario v Canada (Attorney General), 2015 SCC 1, the Supreme Court of Canada (“SCC”) made a major pronouncement on the scope of the section 2(d) freedom of association right under the Canadian Charter of Rights and Freedoms. In doing so, the court overturned Delisle v Canada (Deputy Attorney General), [1999] […]

Refugees, Human Smuggling, and Third-Party Altruism: R v Appulonappa

On February 16, 2015, the Supreme Court of Canada (“SCC”) will hold a hearing for the appeal of R v Appulonappa, 2014 BCCA 163, a case that will have a significant impact on immigration and refugee law. The SCC’s eventual decision in Appulonappa will deeply affect both refugee claimants and those who assist asylum seekers […]