Photo: flickr/Chris Fort
By Myrna El Fakhry Tuttle
Reposted from LawNow 44(4) with permission
In 1972, Christopher D. Stone wrote an article entitled “Should Trees Have Standing? – Towards Legal Rights for Natural Objects”. This article is still, even today, mentioned every time there is a discussion on legal rights and natural objects.
Read MoreSource: flickr/Charity Davenport
Reposted from ABlawg with permission
Decision Commented On: UAlberta Pro-Life v Governors of the University of Alberta, 2020 ABCA 1 (CanLII)
Once again, Alberta courts have been asked to address whether and when the Charter applies to activities at universities. There have been several ABlawg posts in the last few years that indicate there are two conflicting lines of cases across Canada. See: Context is Everything When it Comes to Charter Application to Universities, BCCA Unfortunately Chooses Not to Follow Alberta’s Lead on the Issue of Whether the Charter Applies to Universities; Does the Charter Apply to Universities? Pridgen Distinguished in U Vic Case; Face-ing the Charter’s Application on University Campuses; University Campus is not Charter-Free; and Freedom of Expression, Universities and Anti-Choice Protests.
Read MorePhoto: flickr/Natesh Ramasamy
By Myrna El Fakhry Tuttle
Reposted from ABlawg with permission.
Case Commented On: R v Charboneau, 2019 ABQB 882 (CanLII)
In this case, Court of Queen’s Bench Justice L.R.A. Ackerl struck down the mandatory minimum six month sentence in s 286.1(2)(a) of the Criminal Code, RSC 1985 c C-46, as provided for the offence of obtaining sexual services from a minor. In this ruling, Justice Ackerl declared that the mandatory minimum sentence was not grossly disproportionate for the accused (Mr. Charboneau), but it would be unconstitutional for an individual in reasonably foreseeable cases.
Read MorePhoto: flickr/Jason Rasp
By Myrna El Fakhry Tuttle
We all enjoy watching national and international sports events, but most of us do not have any idea about the journey the athletes go through in order to make it to these events.
Read MorePhoto: flickr/Renegade98
By Linda McKay-Panos
Reposted from LawNow 44(3) with permission
20/20: Looking back over the last 20 years
In Downtown Eastside Sex Workers United Against Violence Society v Canada (Attorney General), 2012 SCC 45 (DESW), the Supreme Court of Canada (SCC) adapted the rule on public interest standing. This resulted in the potential for better access to justice, especially for vulnerable peoples who may not otherwise have heard their issues addressed by a court.
Read MorePhoto: flickr/thorney torkelson
In Carter v Canada (Attorney General), the Supreme Court of Canada (SCC) ruled that Criminal Code sections 241 and 14 deprived adults of their right to life, liberty and security of the person under s. 7 of the Charter. Sections 241 and 14 prohibited physician-assisted dying for competent adults who sought such assistance as a result of a grievous and irremediable medical condition that caused enduring and intolerable suffering. The SCC did not need to rule on whether the Criminal Code provisions violated Charter s. 15(1).
Read MorePhoto: flickr/Christoph Scholz
By Myrna El Fakhry Tuttle
Reposted from LawNow 44(2)
Citizens of the European Union (EU) are allowed to live and work, without special formalities, in the European Economic Area (EEA). The EEA includes the EU’s 28 Member States as well as Switzerland and three non-EU countries – Iceland, Liechtenstein and Norway. This is what we call “free movement of persons”.
Read MorePhoto: flickr/george tan
By Myrna El Fakhry Tuttle
Reposted from ABlawg with permission.
Case Commented On: Edmonton (Police Service) v Alberta (Information and Privacy Commissioner), 2019 ABQB 587 (CanLII)
This case comes shortly after our Centre (Alberta Civil Liberties Research Centre (ACLRC)) published a report entitled Collection, Storage and Disclosure of Personal Information by the Police: Recommendations for National Standards (ACLRC Report) which tackled similar issues to those decided upon by the Court of Queen’s Bench.
Read MorePhoto: flickr/Kim Siever
By Linda Mckay-Panos
Reposted from ABlawg with permission.
Case Commented On: Yashcheshen v University of Saskatchewan, 2019 SKCA 67 (Can LII)
The issue of whether a university is subject to the application of the Charter has arisen in a number of cases, some of which appear to conflict. See: BCCA Unfortunately Chooses Not to Follow Alberta’s Lead on the Issue of Whether the Charter Applies To Universities.
Read MorePhoto: flickr/blickity black
By Linda McKay-Panos
Reposted from 44(1) LawNow with permission.
Gay-straight alliances (GSAs) are groups formed in schools and run by students with teacher support or sponsorship. The purpose of a GSA is to create welcoming, caring, respectful and safe spaces for LGBTQ2S+ (Lesbian, Gay, Bisexual, Transgender, Queer or Questioning, Two-Spirit, Intersex, Pansexual, Asexual, Androgynous) students and their allies.
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