Judgments may constitute landmark decisions in the social context of their time such as the Persons Case (Edwards v. Canada (Attorney General), 1930 ) — where the Privy Council determined that women were eligible to be appointed to the Senate — but may not seem so very startling to our modern … [Read more...]
A Progress Report of Disability Rights since the Charter
In 1982, the Charter of Rights and Freedoms formally enshrined equality rights into the Canadian constitution. Section 15 of the Charter reads: “every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in … [Read more...]
Freedom of Association and Collective Bargaining: Are There Justifiable Limits?
For several years, public service employees have been restricted in their right to strike, in order to preserve their “essential” services. However, some argue that recent changes to Alberta’s public service labour legislation unjustifiably interfere with several rights under the Canadian Charter of … [Read more...]
The Intersection of Law, Language and Culture
Introduction When we think of the intersection of law and language, most of us reflect on the linguistic sides of the issue, such as: questions about why law-makers use certain words as opposed to others, queries about ‘legalese’, and problems of misunderstanding, interpretation and translation. … [Read more...]
Human Rights and Québec’s Charter of Values
On Thursday, November 7, 2013, the Québec government tabled its Charter of Values, Bill 60. The Bill provides that public body personnel must maintain religious neutrality in the exercise of their functions. It also restricts personnel from wearing objects “such as headgear, clothing, jewelry or … [Read more...]
A Secular Christmas
This article deals with the law of Christmas, the celebration of this Christian event and the public displays of words or symbols that accompany it. No Clear Separation of Church and State in Canada Most Canadians incorrectly assume, perhaps from a steady consumption of American pop culture, that … [Read more...]
Human Rights Implications of New Provincial Impaired Driving Laws
Like many other Canadians, I am not terribly sympathetic towards people who drive while impaired, through alcohol, drugs (prescribed or illegal), while texting, or experiencing extreme fatigue. We have a set of laws under the federal Criminal Code of Canada, RSC 1985 c C-46, that address impaired … [Read more...]
No Right to “Know One’s Past”: The BCCA in Pratten v British Columbia (Attorney General)
In a decision released on November 27, 2012, the British Columbia Court of Appeal (BCCA) in Pratten v British Columbia, 2012 BCCA 480, reversed the British Columbia Supreme Court’s (BCSC) decision that provisions of the provincial Adoption Act are unconstitutional as a result of their failure to … [Read more...]
Bills of Rights in Canada
When Canadians think of human rights law, the Charter of Rights and Freedoms and their provincial human rights Acts are most likely to come to mind. These are the best known and most important human rights instruments. But what is a Bill of Rights and how is that different from these other two human … [Read more...]
The Canadian Charter of Rights and Freedoms: An Integral Part of our Constitution
This year marks the 30th anniversary of the Canadian Charter of Rights and Freedoms. The Charter has had a significant impact on our governments and courts and it is a part of our Constitution. How does the Canadian Charter of Rights and Freedoms (Charter), the Constitution Act, 1982, Schedule B to … [Read more...]
