Category: Charter of Rights & Freedoms

Ontario’s Sex Offender Registry Discriminates Against People with Disabilities, rules Ontario v G

Content warning: sexual violence, murder, bipolar disorder, policing Despite the ongoing pandemic, this fall has been a notable season for advancing the Section 15 substantive equality rights provision of the...

A Double-Edged Sword: Bissonnette c. R.

The Court of Appeal’s (“CA”) decision in Bissonnette c. R., 2020 QCCA 1585 (“Bissonnette”), illuminated the importance of respecting Parliament’s authority to re-write legislation when a court declares a statute...

Protection from Cruel and Unusual Punishment Does Not Apply to Corporations, rules Québec (AG) v 9147-0732 Québec Inc

In recent years, mandatory minimum sentencing legislation for people convicted of criminal offences has often been ruled unconstitutional as cruel and unusual punishment contrary to Section 12 of the Canadian...

The Abolition of Peremptory Challenges in R v Chouhan: A License for Discrimination or Safeguard for Representative Juries?

In early October, the Supreme Court of Canada (“SCC” or “The Court”) heard submissions in R v Chouhan (Docket Number 39062, Heard on 7 October 2020) [Chouhan] on the constitutionality...