Category: Charter of Rights & Freedoms

SCC to Determine Constitutionality of Administrative Segregation

In February, the Supreme Court of Canada (“SCC”) granted leave for two appeals, Attorney General of Canada v Corporation of the Canadian Civil Liberties Association (SCC Case Number 38574), and...

R v Reilly: Stay of Proceeding is Not a Remedy for Systemic Charter Breaches

When someone’s Charter rights are breached, s. 24(1) of the Charter provides that a court can issue a remedy to the individual for the breach.  In criminal cases, the remedies...