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Charter of Rights and Freedoms

  • Image: "File:A skeletal doctor testifies at court. Lithograph by L. Crusi Wellcome V0042242ER.jpg" is licensed under CC BY 4.0
In Cambie Surgeries Corporation v British Columbia (Attorney General), the court expressed concerns about the impartiality and independence of certain experts. The plaintiffs sought to have certain provisions of the Medicare Protection Act declared unconstitutional. Patients, they said, should not be...

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In Fraser v. Canada (Attorney General), the Supreme Court of Canada recently held that the RCMP violated the Canadian Charter of Rights and Freedoms (the Charter) for women who job shared. This case involved indirect, or adverse effect, discrimination. This occurs...

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In 2002, the provincial government amended the Workers’ Compensation Act. The amendments made it more difficult for injured workers to receive compensation for their workplace injuries. Earlier this year, B.C.’s Workers Compensation Act was amended. Significantly, the legislation now acknowledges the Workers’...

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Lately, there is a dichotomy within B.C.’s justice system. As a result of concerns over COVID-19, B.C. courts have largely shut down, allowing only “urgent and essential matters” to proceed. This is a topic unto itself. Though efforts are certainly being made...

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Demand remains high for French immersion programs in Western Canada. Despite the high demand, many parents remain disappointed with the opportunities afforded to their children.  Constitutional Status The opportunity for children of Canadian citizens to study French, whether by attending a Francophone school...

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Alberta’s workplace legislation is starting to resemble a ping pong ball. After the NDP formed the Alberta government in 2013, it amended Alberta's workplace legislation, including Employment Standards Code and Labour Relations Code, to include  provisions consistent with those in other...

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Last week, we looked at the Supreme Court of Canada’s recent decision in Conseil scolaire francophone de la Colombie-Britannique v. British Columbia. That decision confirmed that the Province of British Columbia unjustifiably infringed section 23(1) of the Canadian Charter of Rights...

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“Moot” is commonly used to mean “hypothetical.”  Whether a case is legally "moot" or not is a narrower question than common usage may suggest.  It is a question which may, depending on the case, require some analysis. The framework for determining whether...

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Liquor and cannabis stores remain open.   The list of essential services seems to be about a mile long. Amid all the concern about coronavirus, covid-19, even dollar stores are open. Lawyers are considered an “essential service.”  By definition, this includes the judiciary. Why,...

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