Bench Press 39-5: A Jury of Your Peers?

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An Ontario Aboriginal man has had his conviction for manslaughter re-instated by the Supreme Court of Canada.  Clifford Kokopenace was originally convicted in 2008.  However, the Ontario Court of Appeal overturned his conviction because the jury at his trial did not have any Aboriginal members. It ruled that this omission violated his Charter guarantee to […]

New Employment Law Resources for Alberta Youth

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Many new Canadians are unfamiliar with the legislation that protects them in the workplace. Research indicates that immigrants with limited English speaking abilities often turn to their children to act as intermediaries to pass on information, including legal information. By developing resources for youth, the youth will learn about human rights law and then will […]

Bench Press 39-4: Consent is a Matter of Life and Death

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The British Columbia Court of Appeal recently ruled on a case involving an Alzheimer’s patient and her ability to give consent. It looked at a number of questions that will be raised as Canadians come to grips with the recent Carter decision of the Supreme Court of Canada (Carter v. Canada (Attorney General), 2015 SCC […]

Bench Press 39-4: The Charter Protects Proms

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Two graduating high school students in Ontario launched a Charter challenge to their school principal’s decision to have a mandatory breathalyser test at their prom. They argued that the mandatory test was a violation of their s. 8 Charter right to be free of unreasonable search and seizure. Justice Himel of the Ontario Superior Court […]

Bench Press 39-4: Spoiled Sperm

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The British Columbia Court of Appeal recently upheld a trial judge’s decision that human sperm is property. The case involved a B.C. man who was a representative for a class action of 400 plaintiffs who had stored their sperm with a laboratory at the University of British Columbia prior to undergoing treatment for cancer. The […]

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