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Articles | Adam Badari | June 22, 2010
Egan v. Canada (1995) – Equality Rights and Same-Sex Spousal Benefits

Category: The Charter, Equality Rights (Section 15)

On May 25, 1995, the Supreme Court of Canada released three decisions dealing with the right to equality guaranteed by section 15 of the Canadian Charter of Rights and Freedoms.[1] One of these cases […]

Articles | Jim Young | June 18, 2010
Toronto Star Newspapers Ltd. v. Canada – Freedom of Expression and Publication Bans (2010)

Category: The Charter, Fundamental Freedoms (Section 2)

The news media play an essential role in informing the public about the criminal justice system. However, there are times when the law provides for a ban on reporting the […]

Articles | Adam Badari | June 17, 2010
Eldridge v. British Columbia (Attorney General) (1997) – Equality Rights and Services for the Deaf

Category: The Charter, Equality Rights (Section 15)

In April 1997, the Supreme Court released a landmark case concerning the Charter right to be free from discrimination, guaranteed by section 15. The decision established that a government program can […]

Articles | Tracy Clark | June 15, 2010
Greater Vancouver Transportation Authority v. Canadian Federation of Students (2009) – Political Expression on Public Transit

Category: The Charter, Fundamental Freedoms (Section 2)

In Greater Vancouver Transportation Authority v. Canadian Federation of Students,[1] the Supreme Court of Canada considered freedom of expression and the regulation of political expression on public facilities – specifically, transit buses […]

Articles | Jim Young | June 14, 2010
Reference re Provincial Electoral Boundaries (1991) – Electoral District Boundaries and the Right to Vote

Category: The Charter, Democratic Rights (Sections 3-5)

Section 3 of the Canadian Charter of Rights and Freedoms guarantees the right of citizens to vote in federal and provincial elections. Canadian courts have interpreted this right – along with all other Charter rights […]

Articles | Adam Badari | June 8, 2010
Law v. Canada (Minister of Employment and Immigration) (1999) – Equality Rights Framework

Category: The Charter, Equality Rights (Section 15)

In March 1999, the Supreme Court of Canada released its judgment in a landmark equality case.[1] After a series of divided judgments, the Court unanimously agreed on an approach to […]

Articles | Jim Young | May 28, 2010
Operation Dismantle v. The Queen: Charter Rights, Government Decisions, and the Risk of War (1985)

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

By the early 1980s, the Cold War and the threat of nuclear annihilation had been simmering for decades. The Canadian government decided in July 1983 to allow the United States […]

Articles | Jim Young | May 28, 2010
Federalism and the Regulation of Summertime Fun in Calgary

Category: Federalism

Drifting down the river on a rubber dingy is a popular way to pass a hot summer day in Calgary. But anyone who floats on the river without wearing a […]

Articles | Jim Young | May 26, 2010
Sauvé v. Canada (2002) – Limits on Voting Rights for Prisoners

Category: The Charter, Democratic Rights (Sections 3-5)

This article was written by a law student for the general public.   In 1993, the Supreme Court of Canada affirmed the rulings of several lower courts and declared the […]

Articles | Jim Young | May 26, 2010
Sauvé v. Canada (1993) – Voting Rights for Prisoners

Category: The Charter, Democratic Rights (Sections 3-5)

This article was written by a law student for the general public.   In 1988, a prisoner serving a life sentence for first-degree murder challenged the constitutionality of the provision […]

Articles | Adam Badari | May 26, 2010
R. v. Ladouceur: The Constitutionality of Random Roving Vehicle Stops (1990)

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

On May 31, 1990, the Supreme Court of Canada decided whether police are constitutionally permitted to randomly stop drivers to check their licenses and insurance documents, inspect vehicles, and observe […]

Articles | Adam Badari | May 18, 2010
R. v. National Post (2010): Do Journalists Have a Right to Protect Sources?

Category: The Charter, Fundamental Freedoms (Section 2)

On May 7, 2010, the Supreme Court ruled on the extent to which journalists may protect the identity of their confidential sources. A newspaper argued that freedom of expression, as […]

Articles | Jim Young | May 14, 2010
R. v. Morelli – Unreasonable Search and Seizure (2010)

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

This article was written by a law student for the general public. Introduction An accused is charged with possession of child pornography. During his trial, the court applies the criminal […]

Articles | Jim Young | May 12, 2010
Reference re Same-sex Marriage (2004)

Category: The Charter, Equality Rights (Section 15)

Before the Civil Marriage Act was passed 2005, Canada had no legislation that defined marriage. Rather, marriage was defined by the common law as “the voluntary union for life of one man […]

Articles | Tracy Clark | May 4, 2010
R. v. Nasogaluak: Criminal Sentence Reductions for Charter Breaches (2010)

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

In the 2010 case of R. v. Nasogaluak, the Supreme Court of Canada considered whether reducing a criminal’s sentence can be a remedy for a breach of Charter rights. In a unanimous […]

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