In 2025, Alberta passed the Compassionate Intervention Act, which allows designated individuals to ask the court to admit someone for drug treatment without that person's consent. Some critics say it violates several Charter rights.In 2024, 1,414 people died in Alberta from drug poisoning, … [Read more...]
Will the Alberta Legislature use the Charter’s Notwithstanding Clause to shield controversial Education Act changes?
The Alberta government may use the notwithstanding clause to protect new controversial laws, including those requiring parents to be notified if their child wishes to use new, gender-related preferred names or pronouns at school.In November 2024, LawNow published Student Charter Rights in the … [Read more...]
The Evolution of Canadian Law
Since Canada became a country in 1867, Canadian law has evolved from that of a British colony to a sovereign state, including major developments like the Charter, the Criminal Code and the Divorce Act.EDITOR’S NOTE This article was first published in LawNow on May 5, 2017. It was reviewed … [Read more...]
When Can the Government Infringe Upon my Rights: The Oakes test
Courts in Canada use the Oakes test to decide whether a government’s law, policy or action is justified even though it infringes on someone’s Charter rights.When an individual believes a government’s law, policy or action has infringed on their Charter rights, courts use the Oakes test to … [Read more...]
The Right to Speak to a Lawyer is Not an Admission of Guilt
A call to podcast hosts and journalists to stop using constitutional rights as an ominous plot pointAs a true crime podcast and documentary connoisseur by night, and a criminal defence lawyer by day, declaring that my world is saturated with true crime content is an understatement. I enjoy … [Read more...]
Ontario’s Fair Accommodation Practices Act: 70 years later and human rights legislation continues to evolve
1954 saw the passing of Ontario's Fair Accommodation Practices Act and, since then, human rights legislation has evolved across Canada, including with the passing of human rights codes and the Canadian Charter.To a passing tourist in the early 1950s, the town of Dresden might seem like the … [Read more...]
Where are my Charter rights?
An explainer on the Charter's notwithstanding clause and its modern uses.The notwithstanding clause has gotten more popular in recent years. It's been a hot topic with the Saskatchewan government using it recently. But what does the notwithstanding clause do?What is the notwithstanding … [Read more...]
When Can the Right to Freedom of Expression be Curtailed?
Section 2 of the Canadian Charter of Rights and Freedoms protects our freedom of expression, but this freedom is not absolute.The right to express our opinions is a crucial element of a democracy. Freedom of expression is a basic characteristic of personal development. It gives us the right to … [Read more...]
The Significance of the Charter in Canadian Legal History
The Canadian Charter of Rights and Freedoms is a bill of rights - a statement of rights and freedoms that was added to the Constitution in 1982.Looking Back2017 not only marks 150 years since the British North America Act, 1867 (better known today as the Constitution Act, 1867), came into being, … [Read more...]
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 … [Read more...]
