Constitutional
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January 15, 2024
Freedom of religion is not absolute, B.C. judge says in dispute over church records
A B.C. judge has ruled against Jehovah’s Witness elders who fought the disclosure of documentation to two former congregants, saying that while the elders' religious freedoms had been violated, that violation could be reasonably justified under s. 1 of the Charter.
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January 08, 2024
When will government recognize true cost of trial delays? | Bruce Baker
COVID can no longer be used as an excuse for the lack of process to place individuals on the bench. The federal and provincial government’s lack of attention to this matter provides some reason to doubt the present administration’s ability to deal effectively with a complicated vetting process, or they are complicating matters by looking to provide avenues of patronage to ideological supporters of their choosing.
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January 05, 2024
Citizenship Act provisions violate equality, mobility rights under Charter: Ontario court
An Ontario judge has declared federal legislation which prohibits Canadian citizens born abroad from passing citizenship on to their children automatically if their children are also born abroad to be unconstitutional.
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January 03, 2024
B.C. concerned ruling ‘temporarily prevents province from regulating where hard drugs are used’
The chief justice of B.C.’s Supreme Court has put the brakes on provincial legislation which would restrict public consumption of illegal substances, saying allowing the law to come into force would cause “irreparable harm” to people who use drugs.
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January 02, 2024
Newfoundland and Labrador initiates accessibility plan
Newfoundland’s government has launched its first accessibility plan. The Newfoundland and Labrador Accessibility Plan spans Jan. 1, 2023 to Dec. 31, 2026, according to a recent news release.
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December 21, 2023
Yoga sessions for prisoners give new meaning to the term serving a stretch
The path to redemption may be found through a tightly held Downward Dog. Yoga instructor Cathy Manuel teaches prison inmates to stretch, hold poses and control their breathing – ways in which to calm themselves and find their own sense of “empowerment.” It is a striving to find inner peace — and, for some, to let go of anger. Manuel, a 52-year-old hailing from Moncton, N.B., is executive director of Freeing the Human Spirit, an organization promoting the physical, mental and spiritual well-being of inmates in Canada’s prison system.
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December 18, 2023
Uncivil behaviour on rise amongst lawyers: report
Lawyers’ poor treatment of each other has become worse post-pandemic, according to a report by the Toronto Lawyers’ Association. The study, based on a recent survey involving 332 respondents from both Toronto and throughout Ontario, found that there has been a decline in “civility and professionalism” in the legal profession ever since lockdowns, self-isolation and other public health measures came to an end.
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December 12, 2023
Fire order violated Charter, but reasonable due to balancing of rights and risk: B.C. judge
A B.C. judge has ruled Vancouver’s fire chief violated a woman’s Charter right to life, liberty and security of the person when she ordered a homeless encampment to be cleared, but also found the order was reasonable because the fire chief engaged in a proportionate balancing of rights and safety risks.
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December 08, 2023
Proportional representation a ‘fair system’ but not required by Constitution, Ontario judge says
An Ontario judge has batted back a constitutional challenge of Canada’s first-past-the-post electoral system, but the issue is not going away as a number of electoral reform organizations have pledged to continue to fight in court against a system they say is unfair to many Canadians.
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December 05, 2023
Inquiry into foreign interference with federal elections gives standing to 22 groups, individuals
Justice Marie-Josée Hogue, the Quebec Court of Appeal judge who heads the commission of inquiry into foreign interference in federal electoral processes and democratic institutions, has green-lit 22 groups and individuals to participate as parties or interveners in the public inquiry, disclosing she also expects to issue a decision soon on requests for funding for lawyers applied for by some of those who were granted standing.