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CBA Constitutional and Human Rights Law Section

CBA Constitutional and Human Rights Law Section articles are published under the banner FocusMembers interested in posting articles are encouraged to send them to the Section at: cbaconstitutional@cba.org

Today
Today

Case study: P.S. v. Ontario, 2014 ONCA 900

  • April 02, 2015
  • Cheryl Milne

In a decision that specifically speaks to the interplay between sections 7 and 15 of the Charter, the Ontario Court of Appeal found violations of those sections not justified under s.1 in respect of the mental health treatment and…

Constitutional & Human Rights

Case brief: Carter v. Canada (Attorney General)

  • April 02, 2015
  • Grace Pastine

In Carter v. Canada (Attorney General), the SCC determined that the federal criminal laws are inapplicable to physician-assisted dying. Grace Pastine, Litigation Director of the B.C. Civil Liberties Association, provides the case brief.

Constitutional & Human Rights

Case summary: Nadeau-Dubois v. Morasse, 2015 QCCA 78

  • March 30, 2015
  • Manon Montpetit

Manon Montpetit, Assistant Director, DPDD, Commission des droits de la personne et des droits de la jeunesse, has prepared the following case summary which deals with the broad concept of freedom of expression in a contempt of court context.

Constitutional & Human Rights

Tsilhqot'in Nation v. British Columbia, a new constitutional paradigm for First Nations in Canada

  • December 05, 2014
  • Art Grant and Lisa Glowacki

The Supreme Court of Canada's decision in Tsilhqot'in Nation v. British Columbia, 2014 SCC 44, has far-reaching implications for First Nations, provincial and federal governments alike, say Art Grant and Lisa Glowacki. The decision both clarifies and raises new questions regarding issues of aboriginal title, duties owed by government and the ability of provinces to legislate and govern over aboriginal title lands.

Constitutional & Human Rights

Trial Lawyers Association of British Columbia and CBABC v. Attorney General British Columbia (Finally) A constitutional home for access to justice

  • December 05, 2014
  • Melina Buckley and Sharon Matthews

When a judge puts out a call for help, people tend to take notice. So when a British Columbia judge concerned about the constitutionality of hearing fees asked for clarification, the Trial Lawyers Association of British Columbia, the Canadian Bar Association's B.C. Branch, and the Attorney General of British Columbia all stepped up.

Constitutional & Human Rights

Managing risk: Common pitfalls and misapprehensions in construction contracts

  • February 01, 2014
  • David K. Plunkett and Romany K. Benham-Parker

One of the primary functions of a construction contract is to allocate risk between the parties. The problem that often arises is that the parties do not properly understand their risk and assume significant exposure, write the authors.

Constitutional & Human Rights

Case studies

  • Ranjan Agarwal and David Cassin

Ranjan Agarwal and David Cassin present case studies from three recent Ontario decisions: Chaudhary v. Canada (Public Safety and Emergency Preparedness) from the Ontario Court of Appeal; and R v. Vu and Eidoo v. Infineon Technologies AG from the Ontario Superior Court.