Section 2: Fundamental Freedoms
R. v. Canadian Broadcasting Corp., 2018 SCC 5
The Crown sought an injunction against the Canadian Broadcasting Corporation, demanding the deletion of an online article referring to an underage murder victim whose identity was subsequently subject to a court-ordered publication ban. Continue reading
B.C. Freedom of Information and Privacy Association v. British Columbia (Attorney General), [2017] 1 SCR 93
British Columbia’s Freedom of Information and Privacy Association challenged section 239 of the provincial Election Act, which requires the “registration” of election “sponsors”; arguing that this requirement infringes the Charter right to freedom of expression. Continue reading
Trinity Western University v. Nova Scotia Barristers’ Society, 2015 NSSC 25
In TWU v. NSBS, Nova Scotia’s Supreme Court delivered a resounding vindication for freedom of religion last month, overturning a Nova Scotia Barristers’ Society regulation which would have prohibited Trinity Western University graduates from practicing law in that province. Continue reading
Canada (Attorney General) v. Bedford, 2013 SCC 72
The Respondents, a group of prostitutes and former prostitutes, argued that a number of Criminal Code provisions prohibiting expression and commercial activities relating to prostitution were in breach of Sections 7 and 2(b) of the Charter of Rights and Freedoms: Continue reading
Alberta (Information and Privacy Commissioner) v. United Food and Commercial Workers, Local 401, 2013 SCC 62
The Respondent, a labour union representing employees at an Edmonton casino during the course of a lawful strike, had run afoul of Alberta’s Personal Information Protection Act by videotaping individuals crossing the picket line during the strike, and using the images collected in union newsletters, strike leaflets, and a website called CasinoScabs.ca. Continue reading
Filed under Section 2(b): Freedom of Expression
Saskatchewan (Human Rights Commission) v. Whatcott, 2013 SCC 11
The Whatcott case was brought to the Supreme Court of Canada on appeal from the Saskatchewan Court of Appeal, which had found that a number of pamphlets critical of homosexual behaviour did not meet the test for “hate speech” under Saskatchewan’s Human Rights Code. Continue reading
R. v. N.S., 2012 SCC 72
Two accused persons stood charged with sexually assaulting N.S. When called to testify, N.S. stated that she wished to wear a niqab which covered her face, and which she insisted was a necessary part of her Muslim faith. Continue reading
R. v. Khawaja, 2012 SCC 69
In R. v. Khawaja, a companion case heard alongside Sriskandarajah v. United States of America, the Supreme Court of Canada considered the constitutional argument of convicted terrorist conspirator, Mohammad Momin Khawaja. Continue reading
Association of Justice Counsel v. Canada (Attorney General), 2012 ONCA 530
This appeal stemmed from a labour dispute between Canada’s Department of Justice and its lawyers (the Association of Justice Counsel), who argued that the federal government’s Expenditure Restraint Act prevented them from exercised their right to collective bargaining, thereby infringing their right to freedom of association under Section 2(d) of the Charter of Rights and Freedoms. Continue reading
Filed under Section 2(d): Freedom of Association
Pridgen v. University of Calgary, 2012 ABCA 139
In the Pridgen case, the Alberta Court of Appeal upheld a Court of Queen’s Bench ruling, which held that the right to freedom of expression under Section 2(b) of the Charter applies to students on university campuses. Continue reading