Archive for the Category "Charter of Rights and Freedoms"
« Older EntriesShould People Commenting on an Election Have to Use Their Real Names?
The government of South Australia has recently adopted a law that requires people commenting on the forthcoming state election to use their real names, and media will have to retain the names and addresses for six months. The requirement appears to apply to bloggers and comments on blogs etc.
Unsurprisingly, not everyone likes this.
Is it fair [...]
Canada c. Khadr Decision
Canada (Premier ministre) c. Khadr, 2010 CSC 3, (29 janvier 2010)
Le pourvoi etait accueilli en partie.
K a droit à une réparation en vertu du par. 24(1) de la Charte. La réparation demandée par K — une ordonnance intimant au Canada de demander son rapatriement — est suffisamment liée à la violation de la [...]
Oh How the Mighty Have Fallen
For many years now my firm, Adler Bytensky Prutschi, has enjoyed the opportunity to host a student placement for Osgoode Hall Law School’s Criminal Intensive Program (CIP). This week, for the first time in the history of our involvement with the program, we were informed that “due to low enrolment in the course this [...]
Posted in Articling Students, Charter of Rights and Freedoms, Criminal Law, Law Firm Finances, Ontario | 3 Comments »>
Origins of Anti-French Animus Among English
Most cultural stereotypes have deep cultural roots with significant history, often founded in myth and conflict, and are enormously difficult to erode.
Unlike our neighbours to the south who operate on a melting-pot model, we have the unique challenge of not only tolerating our French minority, but supporting it and ensuring the survival of its culture [...]
“Blasphemer” they’ll say!
Amongst the many pieces of legislation to come into force on January 1, 2010 is the Defamation Act 2009 in Ireland. The Irish Constitution at article 40.6.1 calls for blasphemy to be a crime “The publication or utterance of blasphemous, seditious, or indecent matter is an offence which shall be punishable in accordance [...]
Posted in Canada, Charter of Rights and Freedoms, Defamation, Ireland, Language | 4 Comments »>
Information and Privacy Cases of the Year
I’ve always loved year-end lists. Here’s a Canada-centric top ten “information management and privacy cases” list for 2009. Endorsement and criticism invited!
#1 Grant v. Torstar. The Supreme Court of Canada recognizes a new defamation defence – the “responsible communication on matters of public interest” defence. Truly novel and highly relevant. Is the dialog on the [...]
Don’t Go Ahead and Jump
…with all due apologies to Van Halen. What would a Winter Olympics in Canada be without ski jumping controversy? In Calgary in 1988 the world watched as Eddie Edwards flew like an eagle. In response to that the IOC instituted minimum requirements for competitors to take part in Olympics and placed more [...]
Posted in British Columbia, Canada, Charter of Rights and Freedoms, Information Seekers | 2 Comments »>
What choice does religion give you?
The Divisional Court of Ontario is being asked to decide whether a religious organization has the right to fire an employee who does not conform to its moral code. Christian Horizons runs a home for people with disabilities. Public funds are provided since this is a valuable service for the community. The organization has its [...]
Posted in Charter of Rights and Freedoms, Ontario | 4 Comments »>
Olympic Protesters’ Legal Guide
Lawyers Rights Watch Canada (LRWC), an organization that assists lawyers around the world who themselves defend human rights, has published a “Protesters’ Guide to the Law of Civil Disobedience in British Columbia – Olympic Edition” [PDF].
The forty-three-page guide is anything but a sketchy pamphlet for marchers on the front line; it’s a serious, accessible, and [...]
Torture and state immunity: the difficult case of Zahra Kazemi
“[T]his regrettable result is a necessary consequence of Canada’s commitment to policies of international comity and reciprocity. Any time sovereign immunity is asserted, the inevitable result is that certain domestic parties will be left without legal recourse. This is a policy choice implicit in the Act itself.”
Re Canada Labour Code, [1992] 2 S.C.R. 50 at [...]
Al-Jazeera English approved in Canada
After months of deliberation, the CRTC today finally approved Al-Jazeera English for distribution in Canada, without conditions.
What’s remarkable about this decision is, well, that it’s entirely unremarkable. To all appearances, this should have been a relatively easy regulatory call: Al-Jazeera English fit squarely within the new regulatory framework announced a year ago for distribution [...]
Khadr Military Commission Prosecution to Continue
Omar Khadr’s lawyer is currently arguing before the Supreme Court of Canada (you can watch/listen to it live). He just now (10.10 a.m.) announce to the Court that he learned an hour ago that the U.S. Military Commission prosecution of Khadr, which had been stalled, is to continue.
Posted in Charter of Rights and Freedoms, Human Rights, Military Law | 1 Comment »>
Webcast of Khadr Hearing at Supreme Court
The Supreme Court of Canada is hearing Prime Minister of Canada, et al. v. Omar Ahmed Khadr tomorrow, November 13 — a Friday the 13th, as it happens. There is a webcast of the hearing scheduled to begin at 9 a.m. EDT.
You can read the SCC Case Information Summary to get a quick overview of [...]
Charkaoui Decision Quashed at Federal Court
Justice Tremblay-Lamer of the Federal Court has quashed the controversial case against Adil Charkaoui, the alleged terrorist detained on a security certificate.
In his 2004 case before the Federal Court, the government made submissions that his interest in karate could infer his involvement in terrorism,
[50]To add to the demonstration of danger to national [...]
Cloud computing and the legal significance of terms of service
Can you assert a confidentiality or privacy claim when you have willingly put the information you seek to protect on someone else’s computer system?
This question is important given the full-scale adoption of distributed computing. Yes, I mean cloud computing. But I also mean to address the issue of ISP disclosures to the police and the [...]
« Older Entries
