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Articles | Graham Darling | February 1, 2007
Little Sisters Refused Advance Costs to Battle Canada Customs

Category: The Charter, Fundamental Freedoms (Section 2), Equality Rights (Section 15)

For the past 12 years, Little Sisters Book and Art Emporium (Little Sisters) has been in a legal battle with Canada Customs (Customs) over their right to import material for the gay and lesbian […]

Articles | Graham Darling | February 1, 2007
Quebec town adopts controversial social code of conduct for newcomers

Category: The Charter

The village of Hérouxville, Quebec, caused much discussion after it issued a statement of “standards” aimed at the town’s new and prospective immigrants. The resolution (passed by municipal council) outlines what […]

Articles | Graham Darling | January 1, 2007
Municipalities Asked to Stop Praying

Category: The Charter, Fundamental Freedoms (Section 2)

Municipal councils have different approaches regarding the customs and conduct of their meetings. Specifically, while some open meetings with the Lord’s Prayer, others say a non-denominational prayer, have a moment of silent […]

Articles | Graham Darling | January 1, 2007
Members of BC’s Tsartlip Band Permitted to Hunt at Night

Category: Aboriginal Rights

Two members of the Tsartlip Indian Band of the Saanich Nation were charged under the British Columbia Wildlife Act (Act) after shooting at a decoy deer set up by conservation officers. The […]

Articles | Graham Darling | December 1, 2006
MacKenzie Valley Pipeline is put on hold

Category: Aboriginal Rights

Development hearings for a Mackenzie Valley natural gas pipeline were put on hold by the Federal Court in Dene Tha’ First Nation v. Canada (Minister of Environment).[1] The proposed 1,220-kilometre pipeline would […]

Articles | Wendy Tso | December 1, 2006
Federal government tackles gun crime through bail reform

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

On November 23rd, 2006, the federal government introduced legislation in the House of Commons that seeks to amend the bail process for those involved in firearms and gun crimes. Similar […]

Articles | Wendy Tso | December 1, 2006
Public behaviour bylaw passes despite Charter issues

Category: The Charter, Fundamental Freedoms (Section 2), Legal Rights (Sections 7-14), Equality Rights (Section 15)

A controversial public behavior bylaw was passed in Calgary, on November 20, 2006. The bylaw now makes it illegal to urinate, defecate, and spit in public, and targets loitering, spitting, […]

Articles | Wendy Tso | November 1, 2006
Immigration and Refugee Board ‘Judge’ charged with misconduct

Category: Democratic Governance

On October 3rd, 2006, CTV News released a video tape of Immigration and Refugee Board adjudicator Steve Ellis engaging in improper conduct as he met with a female refugee applicant at a […]

Articles | Wendy Tso | November 1, 2006
Reverse Onus stirs up Charter controversy

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

Fulfilling his election promise to crack down on crime, Prime Minister Stephen Harper announced plans for new legislation similar to the United States’ “three strikes” policy, aimed at repeat and […]

Articles | Graham Darling | November 1, 2006
Do provincial smoking bans apply on Aboriginal reserves?

Category: Federalism, Aboriginal Rights

The Federal and Manitoba governments do not agree on who controls smoking on Aboriginal reserves. Manitoba has a Non-Smokers Health Protection Act that bans smoking inside public places but excuses Aboriginal reserves […]

Articles | Wendy Tso | November 1, 2006
Justice Minister announces controversial reforms for appointing federal judges

Category: Democratic Governance

On November 8th, 2006, Justice Minister Vic Toews announced plans to give police officers a role in choosing Canada’s judges. Since 1988, a seven member panel in each province called a Judicial Advisory […]

Articles | Elizabeth Liu | November 1, 2006
Supreme Court of Canada affirms the right to trial by jury under the Charter

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

On October 26, 2006, the Supreme Court of Canada (SCC) in R. v. Krieger held that the trial judge breached Grant Krieger’s constitutional right to a proper trial by jury under section 11(f) of the Charter of […]

Articles | Kaelen Onusko | January 1, 2005
Same-Sex Marriage

Category: The Charter, Equality Rights (Section 15)

In 2005, the Marriage for Civil Purposes Act,[i] also known as Bill C-38, became law. This Act gives same-sex couples the legal right to marry, making Canada only the fourth country in the […]

Points of View | Peter Lougheed | January 1, 1998
Why A Notwithstanding Clause?

Category: The Charter

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