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...]
Bench Press: What do We Mean by Public Standing?
In British Columbia, an individual and a Society in Vancouver who have worked with prostitutes for over 30 years asked for standing to challenge Canada’s prostitution laws under the Charter. The Supreme Court of Canada said that in determining whether to grant public standing to applicants, courts … [Read more...]
Prostitution in Canada: The Big Picture
Recent developments in Canadian prostitution law prompt an examination of some very important legal, moral and philosophical issues. For many years, the act of selling sex has not been illegal in Canada. However, several activities associated with prostitution are illegal: including communicating in … [Read more...]
Negotiating Charter Breaches: R v Berger
All throughout the first year of law school, while navigating through different subjects, one of the major challenges is to understand just how a particular area of law fits in the great big jigsaw puzzle that is the Law. Through the last couple of years, the workings of these cogs and mechanisms … [Read more...]
Universities, the Charter and Freedom of Expression
The law has always been quite complex about whether (or when) the Charter of Rights and Freedoms (Charter) applies to universities. Recently, there have been several cases involving freedom of expression (Charter s. 2(b)) that have addressed this issue. Charter s. 32(1) says: 32. (1) This Charter … [Read more...]
What Ever Happened to … Jim Keegstra
Our law does not regulate expressions of desire or love. The same applies to the full range of other emotions such as rage, melancholy or euphoria. Even malicious lies and deceits largely pass without legal redress – and prosecutions where they can cause palpable harm – such as for misleading … [Read more...]