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Articles | Christine Eberle | September 26, 2013
Daniels v Canada (Minister of Indian Affairs and Northern Development) (2013): Federal Government has Jurisdiction over Non-Status Indians and Metis

Category: Aboriginal Rights

Introduction On January 8, 2013, the Federal Court of Canada ruled[1] that “Indian” in section 91(24) of the Constitution Act, 1867[2] included non-status Indians and Metis. As a result of […]

Articles | Christine Eberle | September 17, 2013
Manitoba Metis Federation Inc v Canada (AG) (2013): Canadian Government Failed to Fulfill Its Promise to the Metis

Category: Aboriginal Rights

Introduction On March 8, 2013, the Supreme Court of Canada ruled that the Government failed to allocate land to Metis children, pursuant to section 31 of the Manitoba Act,[1] in […]

Articles | Christine Chong | September 13, 2013
R v Khawaja (2012): Criminalizing Terrorism is Constitutional

Category: The Charter, Legal Rights (Sections 7-14)

Introduction On December 14, 2012, the Supreme Court of Canada released its decision on whether the Criminal Code sections that criminalize terrorist activities violated the right to liberty and freedom […]

Articles | Christine Eberle | September 5, 2013
Stand Up for Your Rights: Protest Laws May Violate Charter Rights

Category: The Charter, Fundamental Freedoms (Section 2)

This article was written by a law student for the general public. Introduction  Protesting is a cornerstone of Canadian democracy. The mobilization and organization of large groups of people increases […]

Articles | Christine Eberle | July 31, 2013
Beaver Lake Cree Nation: Cumulative Effects of Resource Development May Violate Treaty 6 Rights

Category: Aboriginal Rights

Introduction The Beaver Lake Cree Nation’s precedent-setting claim against the Governments of Alberta and Canada can proceed to trial due to a recent judgment from the Alberta Court of Appeal.[1] […]

Articles | Cara Des Granges | July 9, 2013
Appointment of Judges to the Supreme Court of Canada

Category: Democratic Governance

Introduction On August 31, 2013, Justice Morris Fish of the Supreme Court of Canada retired, vacating a seat in the country’s highest Court. The following article explores the appointment process […]

Articles | Christine Chong | June 28, 2013
Pridgen v University of Calgary (2012) Are University Disciplinary Proceedings Subject to the Charter?

Category: The Charter

Introduction On May 9, 2012, the Alberta Court of Appeal released its decision in Pridgen v University of Calgary on whether to overturn the University’s disciplinary sanction issued against two students for […]

Articles | Christine Eberle | June 26, 2013
R v Telus Communications Co (2013): Police Need Wiretap Warrant to Seize Text Messages

Category: The Charter, Legal Rights (Sections 7-14)

Introduction On March 27, 2013, the Supreme Court of Canada ruled[1] that the interception of text messages requires wiretap authorization[2] found under Part VI of the Criminal Code.[3] Part VI of the Criminal Code protects private […]

Articles | Christine Chong | June 25, 2013
Federation of Law Societies of Canada (FLSC) v Canada: Lawyers exempt from obligation under proceeds of crime law

Category: The Charter, Legal Rights (Sections 7-14)

Introduction On April 4, 2013, the British Columbia Court of Appeal released its judgment on whether lawyers and law firms are obliged to keep records of clients who may be […]

Articles | Christine Eberle | June 24, 2013
Quebec (AG) v A (2013): Rights and Obligations of Quebec Common Law Partners

Category: The Charter, Equality Rights (Section 15)

Introduction On January 25, 2013 the Supreme Court of Canada ruled[1] that the exclusion of common law partners from the Civil Code of Quebec[2] does not violate the right to equality guaranteed under […]

Articles | Chris Younker | June 20, 2013
The Canadian Wheat Board and Charter Applicability

Category: The Charter

Last month the Federal Court of Appeal reinstated a gag order placed by the Government of Canada on the Canadian Wheat Board. The gag order had been lifted by a […]

Articles | Ken Dickerson | June 20, 2013
Foiled Again: Calgary Police Breach Privacy Rights with Grow-Op Electricity Monitoring

Category: The Charter, Legal Rights (Sections 7-14)

A new decision of the Alberta Court of Appeal on section 8 of the Charter, the right to be secure against unreasonable search or seizure, reinforces privacy protections and makes it harder for […]

Articles | Andrew Heard | June 18, 2013
The Governor General’s Decision to Prorogue Parliament: A Dangerous Precedent

Category: Democratic Governance

Associate Professor, Department of Political Science Simon Fraser University (last updated Dec 8, 2008) The Governor General has reached a very difficult and historic decision in agreeing to the Prime […]

Articles | Graham Darling | June 18, 2013
Land Claims and The Six Nations in Caledonia Ontario

Category: Aboriginal Rights

This article was written by a law student for the general public. What is a Land Claim? To begin a recount of the recent events in Caledonia, Ontario, it is […]

Articles | Kaelen Onusko | June 18, 2013
Equality Rights and Sexual Orientation

Category: The Charter, Equality Rights (Section 15)

Vriend v. Alberta[i] By Kaelen Onusko, University of Alberta LL.B. student Delwin Vriend was terminated from his employment at a Christian college because of his sexual orientation. The Alberta Human Rights […]

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