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Archive For Entries On Human Rights

Lawyer Unsuccessful in Discrimination Claim Against Law Firm

The decision of Fasken Martineau DuMoulin LLP v British Columbia (Human Rights Tribunal), 2012 BCCA 313, previously discussed on this site, has now made its way to the Supreme Court. Canada’s highest court has confirmed the result that Mr. McCormick, an equity partner at Fasken, could not succeed in his claim of age discrimination against […]

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 […]

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 […]

Poking the Bear? SCC Leaves Prostitution in Hands of Parliament, Striking Down Harmful Laws in Bedford

To end its 2013 sessions, the Supreme Court of Canada (SCC) released its judgment in Canada (Attorney General) v. Bedford, 2013 SCC 72 [Bedford], effectively striking down all of the current laws restricting to autonomous prostitution. I released a preliminary post summarizing the legal basis for the judgment shortly after the decision was released, here. […]

BULLETIN: SCC Releases Landmark Decision in Canada v Bedford, Strikes Down Prostitution Laws

In a surprising turn of events, the Supreme Court of Canada (SCC) released its judgment in Canada (Attorney General) v. Bedford, 2013 SCC 72 [Bedford] as its final case before the holiday break, effectively striking down all of the current laws pertaining to autonomous prostitution. Writing for a unanimous court, Chief Justice McLachlin held that […]

Conservatives Twist Trudeau’s Tweet: Guns, Rights, Judges, and Mandatory Minimums

Further to my bulletin posted here, on November 12, 2013, the Court of Appeal for Ontario (ONCA) has struck down the three-year mandatory minimum sentence for possession of prohibited or restricted firearm (with ammunition either loaded or easily accessible; s. 95 of the Criminal Code) in a series of six decisions. The unanimous decisions come […]

The Supreme Court Gives Leave to Appeal against Mandatory Retirement for Law Firm Partners

Last year, TheCourt reported on a British Columbia Court of Appeal (BCCA) ruling, Fasken Martineau DuMoulin LLP v. British Columbia (Human Rights Tribunal), (2012 BCCA 313). John McCormick, a partner of the firm in Vancouver, had gone to the Human Rights Tribunal to complain about mandatory retirement at age 65.   He won there, and in […]

Stare Decisis and Assisted Suicide: Carter v. Canada at the B.C. Court of Appeal

This past Thursday, the British Columbia Court of Appeal released its decision in Carter v. Canada 2013 BCCA 435, a Charter sections 7 and 15 challenge to the Criminal Code’s prohibition on physician-assisted suicide. In the majority’s view, stare decisis required the court to follow Rodriguez v. Canada, the Supreme Court of Canada’s 1993 decision […]

BULLETIN: B.C. Court of Appeal’s decision in Carter v. Canada to be released today

On June 15, 2012, Justice Smith of the British Columbia Supreme Court effectively created an exception to the Criminal Code to allow for physician-assisted suicide. The trial judgement Carter v. Canada (Attorney General) was discussed briefly in a previous post on The Court. Justice Smith gave Parliament a year to amend the laws surrounding assisted suicide, and the Government of Canada appealed […]

Amici Curiae: Harper nominates our next SCC Justice, and Ontario Promises to Change the Way its Jails Treat Mentally Ill Women

Harper nominates our next SCC Justice With Justice Morris Fish resigning from the bench on August 31 2013, speculation mounted on who would take his place as the next Supreme Court Justice.  Well everyone, the nomination is in.  On Monday September 30 2013, Prime Minister Harper announced that he has nominated Justice Marc Nadon to […]