(Disponible en français : Les changements climatiques du point de vue des droits de la personne : que dit le droit canadien?) Human rights-based cases challenging governments for insufficient action on climate change are on the rise worldwide. More than 20 cases spanning six continents are being argued in domestic courts and regional tribunals. Many have…
(Disponible en français : Mise à jour — Législation fédérale concernant les personnes handicapées : la situation actuelle) A Move towards a Canadians with Disabilities Act The idea of overarching federal accessibility legislation has garnered attention for decades. Many voices, including a parliamentary committee, a federal task force, and advocates have called for legislative action to…
(Disponible en français : Législation fédérale concernant les personnes handicapées : la situation actuelle) Note: This publication was updated in December, 2018: Update — Federal Legislation affecting People with Disabilities: Where We Are Today A Move towards a Canadians with Disabilities Act While there is currently no overarching federal disability legislation in Canada, the idea…
(Disponible en français : Délais déraisonnables lors des procès criminels : les suites de l’arrêt Jordan) For a summary of the Jordan decision, see Maxime Charron-Tousignant, Unreasonable Delays in Criminal Trials: New Legal Framework, HillNotes, 17 August 2016. The Supreme Court of Canada’s landmark decision on 8 July 2016 in R. v. Jordan “has rocked” the Canadian justice system.…
Many criminal proceedings have been stayed as a result of unreasonable delays arising during trials. According to section 11(b) of the Canadian Charter of Rights and Freedoms, any person charged with an offence has the right to be tried within a reasonable time. The purpose of that right is not only to ensure protection of the…
Shauna Troniak Legal and Social Affairs Division On 21 May 2015, the Supreme Court of Canada released its decision in R. v. Kokopenace, which examined the constitutionally protected right of an Aboriginal accused person to be tried by a representative jury. The right to a representative jury is captured by two provisions of the Canadian…
Dara Lithwick Legal and Social Affairs Division Ten years ago, in May 2005, the Supreme Court of Canada released a landmark decision that clarified the scope and application of parliamentary privilege. The decision, in Canada (House of Commons) v. Vaid, was the third parliamentary privilege case heard by the Supreme Court following the advent of…
Chloé Forget Legal and Social Affairs Division On 24 April 2015, the Supreme Court of Canada (SCC) issued a ruling in which it found that there had been a breach of the minority language education rights guaranteed by section 23 of the Canadian Charter of Rights and Freedoms. It concluded that a francophone school in…
Adriane Yong Economics, Resources and International Affairs Division On 13 February 2015, the Supreme Court of Canada ruled that certain provisions of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act that impose obligations on lawyers violate the Canadian Charter of Rights and Freedoms. The decision, in Canada (Attorney General) v. Federation of Law…
Charlie Feldman Legal and Social Affairs Division On 14 April 2015, the Supreme Court of Canada released its decision in R. v. Nur, a case that challenged the constitutionality of mandatory minimum sentences for the possession of a prohibited or restricted firearm with ammunition. In a split 6–3 decision, the Court found that the required…