Category: Charter of Rights & Freedoms

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E.T. v Hamilton-Wentworth District School Board: ONCA Continues to Debate Appropriate Role of Charter Values

The dialogue over the role that Charter values should play in administrative and judicial reasoning continues to expand and evolve. In one of my entries for TheCourt.ca last year, I...

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R v Boutilier: The Dangerous Offender Regime and the Spectre of Indeterminate Sentences

On December 21st, 2017, the Supreme Court released its decision in R v Boutilier, 2017 SCC 64 [Boutilier], which deals with a constitutional challenge to the dangerous offender scheme in...

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Ktunaxa Nation v British Columbia (Part 2): On Review and Consultation

Part 1 of TheCourt.ca’s coverage of Ktunaxa v BC covered the decision’s contribution to freedom of religion jurisprudence. In part 2, I ask: What does an obscure snowy mountain in...

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Against Unfounding: Sexual Assault Investigation & A Proposed Class Action Against Police

This post discusses the constitutional challenge recently brought by sexual assault complainant Ava Williams against the London, ON Police Services (“LPS”). The applicant alleges that the police force engaged in...

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Ktunaxa Nation v British Columbia (Part 1): Religious Freedom and Objects of Worship

On November 2 the Supreme Court of Canada (SCC) released its much-awaited decision on the matter of Ktunaxa Nation v British Columbia (Forests, Land and Natural Resource Operations). In today’s...

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Freedom of Expression and Subjective Feelings of Fear at a Town Hall Protest

Political protest is undeniably an essential right in a free and democratic society, but constitutional protection of that right is not absolute; acts and threats of violence, which serve to...