BenchPress – Vol 41-5

Get Going Minister! Morteza Momenzadeh Tameh was a member of a resistance group with links to terrorist groups  in Iran in the 1980s.  He was imprisoned by the Iranian government from 1982 to 1987.  After his release he fled to Canada and requested permanent residency in 1994, after being found to be a UN Convention […]

BenchPress – Vol 41-4

Act Of Meanness / Lost by a Nose / Co-Mammas / The Internet and Hate Speech 1.  Act of Meanness A Quebec Superior Court Justice recently heard an unusual estate application.  A Montreal area woman was convinced that her deceased brother’s wife had been unfaithful to him.  At a supper held after her brother’s funeral, the […]

Organizations Get Religion: Loyola High School v. Quebec

Introduction Do organizations and corporations have a constitutionally protected freedom of religion under the Canadian Charter of Rights and Freedoms? The Charter has existed for 34 years and we are still not clear whether non-human entities enjoy religious freedom as they do other freedoms, such as expression. The Supreme Court of Canada last year had […]

Prisoners and Work

Several years ago, the Alberta government and other provincial governments considered the introduction of Alabama-style chain gangs as a form of employment for prisoners. This action reflected a North American trend towards making the prison experience harsher, with the view that this would discourage criminal behaviour. Currently, while there would no doubt be near-universal support […]

R v Fearon : Can Police Search a Cellphone Upon Arrest?

Important Update:  Please see the article by Juliana Ho about the Supreme Court of Canada ruling in R. v Fearon.  The Supreme Court of Canada decided that the police search of Mr. Fearon’s cellphone did breach his Charter s. 8 right to be free of unreasonable search and seizure but decided that despite this breach, […]

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