Canadian Charter of Rights and Freedoms

The Cure Is Worse Than The Disease For Canadian Health Care

Monika Dutt | Posted 11.23.2016 | Canada Living
Monika Dutt

A Charter challenge is underway at the Supreme Court of B.C., championed by Dr. Brian Day, owner of the Cambie Surgical Centre. Day is arguing that the laws currently prohibiting doctors in Canada from practicing in the public and private health sectors simultaneously should be struck down, along with the prohibition on the extra billing of patients for services already covered by the provincial health plan.

B.C. Patients' Charter Case Will Spur Overdue Health-Care Reform

Howard Anglin | Posted 11.08.2016 | Canada Politics
Howard Anglin

The plaintiffs' constitutional challenge is straightforward: if the government does not provide timely medical treatment, then it cannot at the same time legally prohibit patients who are suffering on long wait lists from taking control of their own health care and arranging treatment privately.

Interpreting The New Supreme Court Justice's Job Application

Howard Anglin | Posted 10.21.2016 | Canada Politics
Howard Anglin

Tradition is the right word for the appointment in other ways. While most court watchers confidently predicted an aboriginal appointee, a woman, or both, Mr Trudeau confounded speculation by choosing an experienced, older white man. The traditional diversity markers of region and language won out over more recent preoccupations with race and sex.

Should Teachers Be Allowed Freedom Of Expression?

Danielle S. McLaughlin | Posted 08.19.2016 | Canada Living
Danielle S. McLaughlin

If I were a teacher starting my career, or even in a well-established position, I would be very concerned that any publicly unpopular view I might hold could affect my employment. Even if I never chose to let my students know my views, my public political participation would be deeply chilled.

We Still Need A Full Review Of Bill C-51 To Remove Charter Violations

Canadian Journalists for Free Expression | Posted 07.26.2016 | Canada Politics
Canadian Journalists for Free Expression

On the anniversary of filing a Charter challenge to Bill C-51, the Anti-terrorism Act, 2015, Canadian Journalists for Free Expression is calling on Canadians to send a message to Prime Minister Justin Trudeau and the federal government that it's past time to restore our constitutional freedoms and repeal the unconstitutional aspects of this dangerous and ineffective legislation.

Woman's Drunk Driving Charge Dropped Because Her Breasts Were Exposed

The Huffington Post Canada | Jessica Chin | Posted 01.12.2016 | Canada

The incident happened during a roadside strip search.

How Canada's LGBT Became Human Under The Law

Ron Levy | Posted 12.08.2016 | Canada Living
Ron Levy

December 10 is celebrated internationally as Human Rights Day. It is therefore an ideal time to reflect on how Canada's LGBT were once so feared and loathed that -- until surprisingly recently -- discriminating against them was both common and legal.

The Law Society of Upper Canada Is Attacking Charter Freedoms

John Carpay | Posted 08.05.2016 | Canada Politics
John Carpay

The Law Society of Upper Canada -- now with the Court's approval -- won't recognize TWU's law degree solely because the person who earned that degree decided, while studying law, to join others in a religious community where people share a personal commitment to traditional marriage. Lawyers have the freedom to advocate for, and practice, their moral beliefs about sexuality. This reflects a basic respect for fundamental Charter freedoms. So why should it be any different for those seeking to enter the legal profession?

Harper's hostile greeting for new Canadians by @Fuhr2015

Retired Maj. Stephen Fuhr | Posted 06.30.2016 | Canada Politics
Retired Maj. Stephen Fuhr

While Canada Day is usually a time to celebrate the swearing in of new citizens, this year will be the first time that their citizenship will be marked with an asterisk, thanks to Harper's passage of Bill C-24. The new law threatens dual citizens and immigrants to Canada with revocation of their citizenship. Now, citizenship can be revoked by a Citizenship Officer without a live hearing, without opportunity for appeal, without a judge, and for reasons other than a fraudulent application.

Bill C-51 Would Jeopardize the Canadian Charter of Rights and Freedoms

Canadian Journalists for Free Expression | Posted 06.18.2015 | Canada Politics
Canadian Journalists for Free Expression

Bill C-51, dubbed the Anti-Terrorism Act, 2015, should cause Canadians deep concern. Its provisions, if passed into law, would jeopardize many of our most basic rights and liberties and would only serve to undermine the health of our democracy. Any limits imposed by Parliament on our basic rights and fundamental freedoms must be "reasonable"; they must not be overly broad; and they must be "demonstrably justified in a free and democratic society. On the thirty-third anniversary of the signing of the Charter, we should demand that Parliament scrap Bill C-51 altogether.

Bill C-51 Poses a Serious Threat to Free Expression in Canada

Canadian Journalists for Free Expression | Posted 06.14.2015 | Canada Politics
Canadian Journalists for Free Expression

Bill C-51 is complex, dangerous, and poses a serious threat to free expression in Canada. If found to be in violation of the proposed legislation, citizens and visitors could wind up slapped with censorship orders, detained without due process or imprisoned for up to five years. Is the federal government giving itself and its agencies more power to fight ISIS-like terrorism, or is it using high-profile tragedies to illegally spy, surveil and silence innocent citizens and its political enemies? Silencing Canadians with the threat of prosecution is tantamount to a chilling or denial of freedom of expression and association, among other Charter rights.

I've Been Out and Proud for 25 Years

Nikki Gershbain | Posted 08.30.2014 | Canada Impact
Nikki Gershbain

As I find myself on the eve of World Pride weekend, making plans to march in the parade with my partner, my son and step-daughter, and their dads, I cannot help but reflect on the fact that it has been almost a quarter of a century since I came out. Our children are in Grades one and three. They love all of their moms, and my parents are thrilled to be grandparents -- to not one but, now, two kids. I continue to be an advocate, although today it takes different forms. Today, my girlfriend and I dream about getting married in the backyard of our home. I will get married because now I want to. And now I can.

Harper Failing To Protect Charter Rights: Lawyers

CP | Mike Blanchfield, The Canadian Press | Posted 08.26.2014 | Canada Politics

OTTAWA - The Harper government is falling short in its duty as a guardian of the Charter of Rights and Freedoms, the Canadian Bar Association will be ...

B.C. Lawyers Ignored the Law in Their Case Against Trinity Law School

Georgialee Lang | Posted 08.13.2014 | Canada
Georgialee Lang

Lawyers arguing against the motion could not match the often inflammatory rhetoric of their impassioned colleagues. These lawyers argued the law. They reminded the members that B.C's Human Rights Code specifically exempts religious groups. They confirmed that Canada's Charter of Rights and Freedoms does not apply to a private educational institution.

Why Property Rights Should Be Part of the Charter

Mark Milke | Posted 07.08.2014 | Canada Politics
Mark Milke

While one can only theorize about the positive impact of including property rights in the Charter, the effect of excluding property rights are demonstrable -- and demonstrably harmful.

Looks Like 'Serve and Protect' Doesn't Extend To Toronto's Black Community

Senator Mobina Jaffer | Posted 06.07.2014 | Canada Politics
Senator Mobina Jaffer

All I could see was my dad attempting to move past the first officer and that officer not moving, continuing to block the door way and then preceding to hold back my father. I screamed, "Daddy, just wait! Just wait! Don't move any further." I was reminded me of the rash, fatal shooting and tasering of Sammy Yatim and feared that my father could too have suffered a similar fate

The Importance of Minority Women Role-Models for Young Women and Girls

Senator Mobina Jaffer | Posted 06.02.2014 | Canada Politics
Senator Mobina Jaffer

Systemic discrimination expands beyond our general scope of understanding. Behind every young man that is criminalized there is a community that is affected, and half of that community is female. These women are all affected by the higher likelihood of their community's men being criminalized. It is fundamental to our Canadian values to make all members of society feel at home, and that requires addressing the systemic discrimination that exists in our nation.

Marois Willing To Invoke Notwithstanding Clause

CP | The Canadian Press | Posted 05.31.2014 | Canada Politics

TROIS-RIVIERES, - Parti Quebecois Leader Pauline Marois is prepared to invoke the rarely used notwithstanding clause to ensure her party's controversi...

Visible Minority Youth Aren't Getting Adequate Access to Legal Aid

Senator Mobina Jaffer | Posted 05.28.2014 | Canada Politics
Senator Mobina Jaffer

When an at risk visible minority youth comes into contact with the law they often cannot afford the high cost of legal counsel and are forced to apply for legal aid. But what happens when they are unable to access the essential legal aid program? The fact of the matter is that many at risk visible minority youth come from backgrounds of poverty where they are unable to afford their own legal counsel which means they must rely on the government legal aid program. Federal government funding to provinces and territories to provide legal aid services has not changed in 10 years.

Toronto's Carding System Is Basically a 'Stop and Frisk' Program

Senator Mobina Jaffer | Posted 05.26.2014 | Canada Politics
Senator Mobina Jaffer

On March 3, the Standing Senate Committee on Human Rights discussed the issue of visible minority youth and their interactions with the criminal justice system. In Toronto, the police have implemented a carding system where police forces stop, question and document people during non-criminal encounters on the streets. Statistics about carding in Toronto tell us that people who are black or brown are more likely to be carded than whites. Essentially this means that a brown or black person is more likely to be seen as suspicious by the police than someone who is white.

Understanding Systemic Discrimination in Our Criminal Justice System - Part 1

Senator Mobina Jaffer | Posted 05.21.2014 | Canada Politics
Senator Mobina Jaffer

Visible Minority Youth Need Our Support On March 3, 2014 the Standing Senate Committee on Human Rights met to discuss the issue of visible minority y...

If You Have Nothing to Hide, Why Wear Pants?

Danielle S. McLaughlin | Posted 01.23.2014 | Canada Living
Danielle S. McLaughlin

If our youngest citizens grow up not understanding their rights and freedoms, we may all find, likely too late, that we have lost something very valuable: our privacy.

Marois' Charter of Anti-Canadian Values

Mitch Wolfe | Posted 10.23.2013 | Canada Politics
Mitch Wolfe

Marois is now trying to frighten French Quebec voters into believing that the growing communities of Quebec Muslims, Jews and Sikhs are threatening to impose their cultures and religious beliefs on French Quebecers and threaten the identity of French Quebecers. I think that Marois is hoping that these proposals will create a terrible backlash in the rest of Canada.

Patriating the Constitution and the Charter

Bob Rae | Posted 07.20.2013 | Canada Politics
Bob Rae

The recent flurry about patriating the Canadian constitution has brought back a flood of memories, and some reflections. Patriation was not an exercise in partisanship. Neither was the Charter. The origins of the desire to "bring the Constitution home" go back decades.

Someone Tell the Conservatives: Our Charter's Worth Celebrating

Irwin Cotler | Posted 06.17.2013 | Canada Politics
Irwin Cotler

As opposed to viewing the Charter as a hindrance to its legislative agenda, the government should embrace the Charter -- as have lawyers, judges, academics, and even the majority of Canadians according to public opinion polls. We should be promoting and protecting those values the document enshrines.