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 Back 2017 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...]
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 … [Read more...]
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, … [Read more...]
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 … [Read more...]
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 … [Read more...]
Judicial Review is Different from Judicial Activism
Since the enactment of the Canadian Charter of Rights and Freedoms in 1982, there has been much discussion about the proper role of judges and courts in our democratic system. Commentators have noted, and many critics have complained, that decisions made and laws passed by our democratically elected … [Read more...]
Whatever Happened To…U.S. v. Burns: Extradition and the Death Penalty
The Death Penalty Around the World About 140 countries have permanently abolished the death penalty. Some 50 countries have it on the books but don’t use it; 36 countries continue to use the death penalty, and 22 of these carried out executions in 2013. Japan and the United States are the only … [Read more...]
Bench Press 39-4: The Charter Protects Proms
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 … [Read more...]
