Constitutional
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August 28, 2024
Federal Court: PPSC may intervene in dispute over disclosure of RCMP terror investigation documents
The director of the Public Prosecution Service of Canada has been granted leave to intervene in a proceeding concerning whether the National Security and Intelligence Review Agency (NSIRA) can compel the RCMP to produce documents subject to solicitor-client privilege in respect of a complaint investigation.
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August 23, 2024
Labour experts: Binding arbitration best hope to end rail strike, but could violate Charter
Binding arbitration offers the best hope of resolving the labour tensions plaguing Canada’s two major railways but still presents a potential legal risk, two labour relations experts observed Friday, Aug. 23, as the rapidly evolving dispute continued to unfold.
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August 23, 2024
Number of interveners in electoral system challenge show that Canadians care about reform: lawyer
Ontario’s top court will soon be grappling with the issue of whether Canada’s first-past-the-post (FPTP) electoral system is unconstitutional — and will have the arguments of a number of interested organizations to help guide its decision-making.
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August 21, 2024
15 years on, court restores Indian status of mother and daughter who died waiting for recognition
The Indian status of a mother and daughter, both of whom passed away before a court could decide their appeal, has been affirmed 15 years after they were removed from the Indian Register without notice.
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August 21, 2024
Claims process now open for $1.9B federal boarding homes settlement
Indigenous survivors of federal boarding homes can now submit claims to receive compensation for the harm they suffered while they were in such homes, under a $1.9 billion settlement agreement approved by the Federal Court.
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August 19, 2024
Government approach to homelessness needs to be balanced, put human rights at forefront: experts
Municipal politicians across Ontario are calling on the province to help deal with what they characterize as the “humanitarian crisis” of homelessness, but legal experts are saying that the prevailing “law and order” approach to deal with issues like tent cities needs to shift to one where peoples’ civil rights are put at the forefront.
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August 19, 2024
Manitoba brings back GPS monitoring for those on bail
Manitoba has brought back a GPS monitoring system for those out on bail — but a group advocating for the province’s large First Nations population says the move shows a misplacement of priorities.
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August 16, 2024
Ontario ruling ‘makes it clear the border is not a Charter-free zone’: civil liberties association
Ontario’s top court has struck down a federal law that allowed border service officers to look at people’s digital devices, saying it violated the Charter’s protections against unreasonable search.
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August 13, 2024
Alberta creates new scholarship in public law
Alberta’s government has introduced a new scholarship to honour outstanding public law students.
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August 13, 2024
CONSTITUTIONAL ISSUES — Legal rights — Procedural rights — Trial within a reasonable time — Calculation of delay
Appeal by Tran from conviction for sexual assault following a judge-alone trial. Tran’s grounds of appeal all related to the dismissal of his pretrial s. 11(b) Canadian Charter of Rights and Freedoms (Charter) application for a stay of proceedings for unreasonable delay. The trial judge (judge) determined that the total time of 18 months and 19 days from charge to trial did not exceed the 18-month ceiling set out in Jordan case law, after subtracting 41 days for defence delay.