Charter

  • SCC strikes down 'reasonable belief' requirement in Criminal Code for child-luring cases

    SCC strikes down 'reasonable belief' requirement in Criminal Code for child-luring cases

    Mar 15, 2019

    The Supreme Court of Canada today set aside the conviction of a man charged with child luring on the Internet and ordered a new trial. The case marked the first time the Supreme Court looked at whether the child luring provisions of the Criminal Code violated the Charter; the high court decided that it did in declaring the “presumption of belief” regarding age contained in the provisions to be of no force and effect.

  • Court Challenges Program officially reopened at the University of Ottawa

    Court Challenges Program officially reopened at the University of Ottawa

    Feb 19, 2019

    As the first applications for the newly reinstated Court Challenges Program are filed, debate remains among lawyers on whether the program will properly attend to the rights and freedoms of Canadians.

  • SCC rules parole board residency order for offender can’t be collaterally attacked

    SCC rules parole board residency order for offender can’t be collaterally attacked

    Feb 8, 2019

    A former convict has lost his bid to collaterally attack a parole board residency condition that was made as part of a long-term supervision order, in a unanimous Supreme Court decision that marks the first time the high court has looked at the rules governing collateral attacks when a Charter breach is alleged.

  • The Charter under assault

    The Charter under assault

    Jan 7, 2019

    In the weeks after the federal government and all the provinces except Quebec agreed on the terms for a Charter of Rights and Freedoms, many of the stories that were published in major media outlets were less than positive about this significant addition to the Constitution.

  • Breaking the Charter’s glass

    Jan 7, 2019

    Yes, the Charter is under attack. And politicians may be “breaking the glass” in what most would agree is not an emergency. But defenders of the Charter should keep in mind that even if the glass is broken, the words underneath are still there.

  • Trump, tradition and the rule of law in Canada

    Nov 5, 2018
  • Four common myths around cannabis legalization in Canada

    Four common myths around cannabis legalization in Canada

    Oct 15, 2018

    Recreational cannabis becomes legal in Canada on Oct. 17, but there are many myths and misconceptions about the substance and the laws that will govern its use.

  • This week at the SCC

    Oct 9, 2018

    The Supreme Court of Canada will hear three appeals this week, its first of the fall session. The first two appeals involve charges of sexual assault against Indigenous persons, while the third concerns an alleged Charter breach in a search-and-seizure case.