The Supreme Court of Canada recognized intimate partner violence as a new civil wrong on Friday. The majority said it is a “pernicious social ill” that the law must address. Six justices decided to recognize intimate partner violence as a new tort—an act or omission that injures another, constituting a civil wrong that attaches liability. [...]
The Court of King’s Bench of Alberta quashed the province’s separation petition on Wednesday, holding that electoral authorities failed to uphold the duty to consult First Nations before approving the referendum proposal. This is the second time the provincial court has barred the province’s separation petition. Justice Shaina Leonard held that the chief electoral officer [...]
Provincial electoral authorities in Alberta received a petition for independence from Canada on Monday. The verification process for the signatures is currently on hold, pending a decision from the provincial court on the compatibility of the petition with First Nations treaty rights. Elections Alberta affirmed that it received the petition, “A Referendum Relating to Alberta [...]
The Supreme Court of Canada upheld a law on Friday that limits the privilege of parliamentarians in relation to their duties on a statutory committee that oversees the country’s national security and intelligence apparatus. By an 8-1 majority, the court held that Parliament has the authority to define the privileges its members enjoy insofar as [...]
The Supreme Court of Canada (SCC) struck down Quebec’s legislation that suspended review of an electoral map by an independent commission until after the next general election. In the reasons published Friday, the court held by a 7-2 majority that the legislation violated the right to vote under Section 3 of the Canadian Charter of [...]
The Supreme Court of British Columbia on Wednesday upheld the constitutionality of a new law that establishes a single regulatory body for lawyers, notaries and paralegals. Chief Justice Ronald Skolrood found that the law would not erode the independence of the legal profession. Chief Justice Skolrood affirmed that the independence of the legal profession is [...]
The Court of Appeal for British Columbia unanimously upheld the criminal contempt conviction against Chief Dsta’hyl (Adam Gagnon) on Tuesday. He was found in breach of a court injunction by protesting against a pipeline project in the territories of the Wet’suwet’en First Nation. At issue in the appeal was whether Chief Dsta’hyl could make a [...]
The Legislative Assembly of Ontario voted on Thursday to exempt records held by ministers from freedom of information (FOI) requests. The amendment is said to have violated the right of Ontario citizens to transparency and privacy. Bill 97, also known as the Plan to Protect Ontario Act (Budget Measures), contains several statutes and amendments to [...]
The Supreme Court of Canada ruled by a 5-4 narrow majority on Friday that the police may approach the door of private dwellings to talk with the occupant for a lawful investigation. Writing for the five-judge majority, Justice Mahmud Jamal held that the police may use their senses of sight, hearing, or smell to further [...]
The Canadian Civil Liberties Association on Thursday criticized Alberta’s new bill to limit patients’ access to medical assistance in dying (MAID). The group urged the province to withdraw the bill, claiming that the bill infringes upon the constitutional right to liberty and security. While the statement acknowledged the government’s interest in protecting vulnerable individuals, it [...]