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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 posting critical comments about their professor on Facebook.[1] The Court found

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 communications, such as phone calls, from being intercepted by the

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 involved in money laundering and terrorist funding.[1] The Court considered whether

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 section 15 of theCanadian Charter of Rights and Freedoms (Charter).[3] The Civil Code

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 Federal Court judge a year before.[1] On appeal, the court found

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 police to collect evidence of illegal drug production.[1] The decision, R. v.

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 and Citizenship Commission refused to investigate his claim because the Individual Rights

Articles | Graham Darling | June 18, 2013
Divorce and Division of Property on Aboriginal Reserves

Category: Aboriginal Rights

When a marriage ends in separation or divorce, provincial family laws provide a formula for dividing the family property.[1] Specifically, section 92(13) of the Constitution Act, 1867 gives the province the power to make laws concerning “Property and Civil Rights in the

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