Wright v Yukon (Government of)
Government of Yukon (Director of Public Safety and Investigations)
Law Firm / Organization
Government of Yukon
Celia Erin Bunbury Bainbridge Wright
Law Firm / Organization
Larochelle Avocats
Lawyer(s)

Vincent Larochelle

- Parties: The petitioner was Celia Erin Bunbury Bainbridge Wright. The respondent was the Government of Yukon (Director of Public Safety and Investigations). The intervenor was the Canadian Civil Liberties Association. 

- Subject Matter: Notices served at the petitioner’s rented home on Dec. 9, 2020 required her, her spouse, their eight children, and her mother-in-law to leave their home in five days. The Director of Public Safety of the Yukon Department of Justice had the authority to do this under s. 3(2) of Yukon’s Safer Communities and Neighbourhoods Act, 2006 (SCAN Act), based on anonymous complaints and an investigation that began in 2016 relating to alleged illegal drug activities. The petitioner challenged the constitutional validity of s. 3(2) of the SCAN Act, based on an alleged breach of s. 7 and/or s. 15 of the Canadian Charter of Rights and Freedoms. 

- Ruling: The court ruled in the petitioner’s favour and granted her petition. The court struck down 3(2) of the SCAN Act for failure to comply with s. 7 of the Charter. The provision infringed the s. 7 security of the person interest in a way that breached fundamental justice principles due to the lack of procedural fairness, overbreadth, and gross disproportionality, the court said. Section 1 of the Charter could not save the provision, the court added. 

- Date: The court released its decision on Sept. 5, 2024. 

- Venue: This was a case before the Supreme Court of Yukon. 

- Amount: No financial award was specified. 

Supreme Court of Yukon
S.C. No.20-A0113
Constitutional law
$ 0
Petitioner