A Challenging Fall for the Government Jam Can Be Broken
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AILANCUNG INDIVIDUAL PUGHTS to EQUALITY and SOCIAL GOALS Sheilah Martin* Calgary
299 AILANCUNG INDIVIDUAL PUGHTS TO EQUALITY AND SOCIAL GOALS Sheilah Martin* Calgary In this paper the authoranalyzes how the Court balancesequality rights andsocial goals in relation to thefortyfour cases in which the Supreme Courthas been asked to considersection 15. Aftera review ofbasicprinciplesdescribing the relationship between s.15 and s.1, an overview ofdecided s.15 cases is provided. The evolving testfor establishing a breach ofsection 15 is explored in order to analyze whether there is balancing built into the rights definitionlbreach stage. The general and evolving standards of review under s.l are canvassed and then analyzed to determine how they have been applied to the equalitycases which have reached this stage ofanalysis. Theauthorquestions thesoundnessandapplicability ofrationales put forward by the Court to justify infringement to equality rights, including a critique ofa deferential standard ofreview, and concludes with suggestions onhow to integrate more fully_the purpose of equality rights and the seriousness of the breach into the s.l analysis. Dans cet article, l'auteure examine comment la Cour suprême établit l'équilibre entre les droits à l'égalité et les objectifs sociaux, en rapport avec les quarante- quatre affairesdans lesquelles la Cours'estvudemanderde considérerl'article 15. Après l'examen desprincipes de base qui décrivent les relations entre les articles 15 et 1, on trouvera une vue d'ensemble des décisions surl'article 15. L'auteure se penche sur le test, en évolution, pour établirs'il y a eu violation de l'article 15, en vue d'examiner s'il y a équilibrage au stade de la définition du droit et de sa violation. -
Constitutional Cases 2017: an Overview Lorne Sossin 2019 Canliidocs 4052 Osgoode Hall Law School of York University, [email protected]
The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference Volume 88 (2019) Article 1 Constitutional Cases 2017: An Overview Lorne Sossin 2019 CanLIIDocs 4052 Osgoode Hall Law School of York University, [email protected] Follow this and additional works at: https://digitalcommons.osgoode.yorku.ca/sclr Part of the Law Commons This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License. Citation Information Sossin, Lorne. "Constitutional Cases 2017: An Overview." The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference 88. (2019). https://digitalcommons.osgoode.yorku.ca/sclr/vol88/iss1/1 This Article is brought to you for free and open access by the Journals at Osgoode Digital Commons. It has been accepted for inclusion in The uS preme Court Law Review: Osgoode’s Annual Constitutional Cases Conference by an authorized editor of Osgoode Digital Commons. 2019 CanLIIDocs 4052 Part I Introduction 1 2019 CanLIIDocs 4052 Constitutional Cases 2017: An Overview Lorne Sossin* 2019 CanLIIDocs 4052 This contribution reviews the Constitutional Cases issued by the Supreme Court in 2017. The analysis is divided into two parts. In the first part, I analyze the year as a whole, identifying noteworthy trends. In the second part, I explore some specific constitutional decisions of the Court — especially those concerning issues which in my view have important implications for the future of the Court and its constitutional jurisprudence. I. 2017: A YEAR IN REVIEW 2017 might best be described as a year in transition for the Supreme Court of Canada. This year represented Chief Justice McLachlin’s last on the Court (though cases on which she participated continued to be released through June 2018). -
Independent Advisory Board for Supreme Court of Canada Judicial Appointments
Independent Advisory Board for Supreme Court of Canada Judicial Appointments Report on the 2021 Process July 28, 2021 Independent Advisory Board for Comité consultatif indépendant Supreme Court of Canada sur la nomination des juges de la Judicial Appointments Cour suprême du Canada July 28, 2021 The Right Honourable Justin Trudeau Prime Minister of Canada 80 Wellington Street Ottawa, Ontario K1A 0A2 Dear Prime Minister: Pursuant to our Terms of Reference, the Independent Advisory Board for Supreme Court of Canada Judicial Appointments submits this report on the 2021 process, including information on the mandate and the costs of the Advisory Board’s activities, statistics relating to the applications received, and recommendations for improvements to the process. We thank you for the opportunity to serve on the Advisory Board and to participate in such an important process. Respectfully, The Right Honourable Kim Campbell, C.P., C.C., O.B.C., Q.C. Chairperson of the Independent Advisory Board for Supreme Court of Canada Judicial Appointments Advisory Board members: David Henry Beverley Noel Salmon Signa A. Daum Shanks Jill Perry The Honourable Louise Charron Erika Chamberlain Independent Advisory Board for Comité consultatif indépendant Supreme Court of Canada sur la nomination des juges de la Judicial Appointments Cour suprême du Canada Table of Contents 1. Introduction .......................................................................................................................... 1 2. Establishment of the Advisory Board and the -
Case in Brief: R. V. Le Judgment of May 31, 2019 | on Appeal from the Court of Appeal for Ontario Neutral Citation: 2019 SCC 34
SUPREME COURT OF CANADA disponible en français Case in Brief: R. v. Le Judgment of May 31, 2019 | On appeal from the Court of Appeal for Ontario Neutral citation: 2019 SCC 34 Evidence found on a young racialized man who was detained by police without reasonable suspicion can’t be used against him in court, the Supreme Court has ruled. One evening in 2012, Mr. Le and four friends were hanging out in a backyard talking. Three police officers saw them. The officers hadn’t been called there for any specific reason. They didn’t have a warrant. They had just been told that this was a “problem address” for drug dealing and that a wanted suspect sometimes hung out there. They didn’t see the men doing anything wrong. Even so, the officers came into the yard without asking permission. They questioned the men, told one of them to keep his hands visible, and asked for ID. Mr. Le said he didn’t have ID with him. The officer asked what was in the bag he was carrying. At that point, Mr. Le ran away. He was arrested and found to have a gun, drugs, and cash. He was charged with ten crimes related to these items. At his trial, Mr. Le said the items found on him couldn’t be used as evidence against him. He said the police breached his rights under the Canadian Charter of Rights and Freedoms. The Charter is part of Canada’s Constitution. Section 9 says that “everyone has the right not to be arbitrarily detained or imprisoned.” This means that police can’t detain people, or put them in jail, without a legal reason. -
Women's Prison Network Issue #17 Winter 2019-20
-------------------------------------- WOMEN’S PRISON NETWORK -------------------------------------- -------------------------------------- ISSUE #17: WINTER 2019/20 -------------------------------------- Winter 2019 Women's Prison Network Issue #17 Editor’s Note: Contents: Welcome to Issue #17 of Women’s Prison News …………………..………... 3-7, 10-11 Network, a magazine by and for women, Poems …………………………….……. 8-9 trans and youth prisoners in Canada. Resources…………………….…...….. 12-16 This is a safe space to share art, poetry, Cover Artwork: news, thoughts, conversation, connections ... - Unknown - We send copies into all Women & Youth prisons in Canada. Artists: Send your art, poems, short stories, Cover Artists will receive a $25.00 donation. comments, articles, etc, to Women's Prison Thank you so much for your work! Network if you would like to be a part of the Let us know how & where you would like next Issue. - Thanks! the donation sent to & where you would like your art returned to. Women’s Prison Network Please note: this magazine is for women, PO Box 39, Stn P trans and youth from all cultures, so please Toronto, ON, M5S 2S6 do not send religious imagery. Thank you for your art! Writers: ‘Women's Prison Network' is produced One column is only 300 words, so do choose 4 times per year. your words carefully. It is sent out for free to Women, Trans & It must be short & to the point. Youth in Prisons in Canada. Poems that are tight & give space for others are the first in. If you are on the outside or part of an Thank you for your words! organization, please consider a donation!!! Editor: aliyyah Funding for this Issue: Publication: Women’s Prison Network Publisher: PrisonFreePress.org Very special thanks to: PO Box 39, Stn P Daumier Register ‘1293’ Toronto, ON, M5S 2S6 “Actually, I am quite content with our prison Circulation: 350+ system. -
Tugging at the Strands: Adverse Effects Discrimination and the Supreme Court Decision in Fraser
November 9, 2020 Tugging at the Strands: Adverse Effects Discrimination and the Supreme Court Decision in Fraser By: Jennifer Koshan and Jonnette Watson Hamilton Case Commented On: Fraser v Canada (Attorney General), 2020 SCC 28 (CanLII) On October 16, 2020, the Supreme Court of Canada released its long-awaited decision in Fraser v Canada (Attorney General), 2020 SCC 28 (CanLII). Fraser involved a claim of adverse effects discrimination by female RCMP members who lost their entitlement to full pension benefits when they entered temporary job-sharing arrangements. We blogged on the Federal Court of Appeal decision in Fraser here, and – in the interests of disclosure – also participated in the Supreme Court intervention in Fraser by the Women’s Legal Education and Action Fund (LEAF) (for LEAF’s news release following the Fraser decision, see here). Fraser is the first successful adverse effects claim under section 15 of the Canadian Charter of Rights and Freedoms in over 20 years and it is the first ever successful adverse effects claim under section 15 in a sex discrimination context. This post will focus on the typical challenges that have been faced in adverse effects claims and review how Justice Rosalie Abella’s majority decision in Fraser responded to these problem areas, which were also apparent in the lower court decisions in Fraser. Although Justice Abella wrote for the majority of the Court (Chief Justice Richard Wagner and Justices Michael Moldaver, Andromache Karakatsanis, Sheilah Martin and Nicholas Kasirer, as well as herself), we will refer to the judgment as hers because it appears to be the culmination of her life-long work on equality rights and may be her last judgment on this subject before her retirement in 2021. -
Annual Report 2018
2018 Annual Report “To understand the evolution of law and society in Alberta is to understand our past... The Legal Archives Society of Alberta is your link to this understanding.” Society Profile ________________________________________________ The Legal Archives Society of Alberta (LASA) is dedicated to preserving, promoting, and understanding the evolution of law and society in Alberta by establishing and preserving a complete and accurate historical record of the legal profession in Alberta. Incorporated under the Societies Act of Alberta in 1990, LASA is governed by an independent Board of Directors. In fulfillment of its mission, LASA operates a legal heritage program and facility for the private legal community. LASAʼs principal objectives are to: • preserve the documentary heritage of lawyers, judges, and legal organizations in Alberta; • provide services for the legal community to identify, retain, and use their archival records; • provide source material for legal and public research on the history of law and society in Alberta; • enhance awareness of and celebrate the role of law in Albertaʼs history. LASAʼs seven program areas are: • Archives • Legal History Library • Oral History • Research Services • Exhibits and Interpretation • Records and Archives Consulting • Publications 1 Presidentʼs Report ________________________________________________________________________ LASA had a very successful 2018 starting with the Historical Dinner in March featuring the Rt. Hon. Beverley McLachlin, retired Chief Justice of the Supreme Court of Canada. In the Fall, LASA hosted the Calgary Historical Dinner featuring the Hon. Mary T. Moreau, Chief Justice of the Court of Queenʼs Bench of Alberta. LASA capped off 2018 with the tremendously successful We Have Not Forgotten ceremony honouring Alberta law students who fought and died during World War I with a posthumous Call to the Bar. -
Factum of the Attorney General of Ontario
IN THE MATTER OF: CANADIAN JUDICIAL COUNCIL Inquiry of Justice Paul Cosgrove FACTUM OF THE INTERVENER, ATTORNEY GENERAL OF ONTARIO (Regarding the constitutionality of s. 63(1) of the Judges Act) November 29, 2004 ATTORNEY GENERAL FOR ONTARIO Constitutional Law Branch 720 Bay Street, 4th Floor Toronto, ON M5G 2K1 Robert E. Charney LSUC# 23652S Tel: 416-326-4452 Fax: 416-326-4015 S. Zachary Green LSUC#48066K Tel: 416-326-8517 Fax: 416-326-4015 Of Counsel for the Intervener, Attorney General for Ontario TO: FARRIS, VAUGHAN, WILLS & MURPHY Barristers & Solicitors 700 West Georgia Street, 25th Floor Vancouver, B.C. V7Y 1B3 George K. Macintosh, Q.C. Tel: 604-661-9332 (dir) Fax: 604-661-9349 Counsel for the Canadian Judicial Council AND TO: PALIARE ROLAND ROSENBERG ROTHSTEIN LLP Barristers & Solicitors 250 University Avenue, Ste 5100 Toronto, ON M5G 3E5 Chris G. Paliare Tel: 416-646-4300 Fax: 416-646-4301 Counsel for The Honourable Mr. Justice Paul Cosgrove AND TO: LERNERS LLP Barristers & Solicitors 130 Adelaide Street West, Ste 2400 Toronto, ON M5H 3P5 Earl A. Cherniak, Q.C. Tel: 416-601-2350 Fax: 416-867-2402 Independent Counsel AND TO: DEPARTMENT OF JUSTICE CANADA Ontario Regional Office 130 King Street West, Ste 3400 Toronto, ON M5X 1K6 Donald J. Rennie / Kathryn A. Hucal Tel: 416-954-0625 Fax: 416-952-0298 Counsel for the Intervener, Attorney General of Canada AND TO: CODE HUNTER BARRISTERS 840 440 2 Avenue SW Calgary, AL T2P 5E9 Dr. Sheilah Martin, Q.C. Tel: 403-234-9800 Fax: 403-261-2054 Counsel for the Intervener, Canadian Superior Court Judges Association AND TO: GOLD & ASSOCIATE Barristers 20 Adelaide Street East, Ste 210 Toronto, ON M5C 2T6 Alan D. -
SUPREME COURT of CANADA Disponible En Français Case Pre-Brief: R
SUPREME COURT OF CANADA disponible en français Case Pre-Brief: R. v. K.G.K. Hearing of September 25, 2019 | On appeal from the Court of Appeal of Manitoba NOTE: there is a publication ban in this case This case is about the right to a criminal trial in a reasonable time. The Supreme Court has to decide if the time a judge takes to decide a case should count when deciding if a trial is taking too long. The Canadian Charter of Rights and Freedoms is part of Canada’s Constitution. Section 11(b) says that anyone charged with a crime has the right to a trial in a reasonable time. The right is about fairness, but it doesn’t just benefit the person charged with the crime. Long trials cause suffering and frustration for everyone involved. People accused of crimes don’t know what is going to happen to them in the future. They often wait in jail while waiting for their trial. Victims and their families are left waiting for a final decision. The public doesn’t see justice done. The right to a trial in a reasonable time is important. It is so important that, if the trial doesn’t happen fast enough, the trial might be stopped and the charges suspended. This is called a “stay of proceedings,” and it’s usually permanent. In 2016, the Supreme Court of Canada decided an important appeal, R. v. Jordan. It set out rules to decide how long is too long for a criminal case. It said certain charges should normally be dealt with within 18 months. -
Dissent and Judicial Authority in Charter Cases
DISSENT AND JUDICIAL AUTHORITY IN CHARTER CASES Carissima Mathen* Hard cases do not inevitably make bad law, but too often they produce multiple opinions.' No topic related to the 20th anniversary of the Charter has inspired more comment than the role of the Canadian judiciary. Under the Charter courts must explicitly balance legislative goals against constitutional rights and freedoms. It seems that Canadian courts make important decisions more than they once did. It therefore matters more than ever whether a court’s judgment is authoritative. In Newfoundland (Treasury Board) v. Newfoundland Assn. O f Public Employees,2 Marshall J.A. decried the Supreme Court of Canada’s section 1 test first devised in R. v. Oakes? Marshall J.A. argued that courts should not second-guess legislative policy choices, and rejected in particular the notion that courts should ever consider “other policy alternatives.” Marshall J.A. pointed to the Supreme Court’s five-four split in RJR MacDonald4 as support for his argument that the Court “got it wrong” in Oakes. Marshall J.A.’s judgment suggests that consensus on a high court matters. This comment considers whether dissenting voices5 within the * Assistant Professor of Law, University of New Brunswick. Many thanks to Michael Plaxton for reviewing earlier drafts. 1 Justice R. Bader Ginsburg, “Remarks on Writing Separately” ( 1990) 65 Wash. Law Rev. 133 at 148. 2 Newfoundland (Treasury Board) v. Newfoundland Assn. O f Public Employees, [2002] N.J. No 324 [NAPE]. 3 R. v. Oakes, [1986] 1 S.C.R. 103 [Oakes]. 4 RJR MacDonald v. Canada (Attorney General), [ 1995] 3 S.C.R. -
Bilingualism in Canada's Court System: The
BILINGUALISM IN CANADA’S COURT SYSTEM: THE ROLE OF THE FEDERAL GOVERNMENT Publication No. 2017-33-E 26 November 2020 Revised by Marie-Ève Hudon Parliamentary Information and Research Service AUTHORSHIP Date Author Division 26 November 2020 Marie-Ève Hudon Legal and Social Affairs Division 15 December 2017 Marie-Ève Hudon Legal and Social Affairs Division ABOUT THIS PUBLICATION Library of Parliament Background Papers provide in-depth studies of policy issues. They feature historical background, current information and references, often anticipating the emergence of the issues they examine. They are prepared by the Parliamentary Information and Research Service, which carries out research for and provides information and analysis to parliamentarians and Senate and House of Commons committees and parliamentary associations in an objective, impartial manner. This publication was prepared as part of the Library of Parliament’s research publications program, which includes a set of publications, introduced in March 2020, addressing the COVID-19 pandemic. Please note that, because of the pandemic, all Library of Parliament publications will be released as time and resources permit. © Library of Parliament, Ottawa, Canada, 2021 Bilingualism in Canada’s Court System: The Role of the Federal Government (Background Paper) Publication No. 2017-33-E Ce document est également publié en français. CONTENTS EXECUTIVE SUMMARY 1 INTRODUCTION .................................................................................................................... -
The Appointment of Supreme Court Justice Nicholas Kasirer
August 13, 2019 The Appointment of Supreme Court Justice Nicholas Kasirer By: Kristin McDonald Event Commented On: Nomination of the Honourable Nicholas Kasirer for Appointment to the Supreme Court of Canada In April of this year, after just 5 years of service, Justice Gascon unexpectedly announced that he will be stepping down from the Supreme Court of Canada (SCC) this September. Justice Gascon was nominated to the SCC by Prime Minister Stephen Harper and appointed on June 9, 2014. Justice Gascon’s announcement and subsequent public struggle with mental health early this spring was met with a mixture of support for the Justice and controversy over the perception and treatment of people with mental illness in Canadian society. Particularly, the treatment of Justice Gascon, given his health issues, has spurned speculation regarding whether his decision to step down was of his own initiative or forced upon him (see news reports from the CBC, The Globe and Mail, and The National Post, and SLAW). More information on the Honorable Justice Gascon can be found here. Justice Gascon’s announcement presented Prime Minister Justin Trudeau with the opportunity to make his third Supreme Court nomination of his tenure as Prime Minister. Nomination and Appointment Process The new process for appointing Supreme Court Justices was first used in 2016 in the appointment of the Honourable Justice Rowe (see a post on that appointment here) and subsequently in 2017’s appointment of the Honourable Sheilah Martin (see a post on that appointment here). The process involves the formation of an independent, non-partisan Advisory Board tasked with identifying functionally bilingual and representative jurists of the highest calibre as candidates.