OTTAWA — Conservative MP Maurice Vellacott is urging federal party leaders to use the Charter of Rights and Freedoms’ notwithstanding clause to delay implementation of the Supreme Court’s decision on...
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TORONTO - Last summer as the Canadian Medical Association debated whether to drop its long-standing opposition to physician-assisted death, the organization's medical council watched a video.It showed...
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Like an overwhelming number of Canadians, you said -- publicly -- that you didn't want to grant telecom providers immunity for handing over our sensitive private information to government without a warrant. But then at the last minute something changed. You voted for the Bill in Parliament, and I don't mind telling you that was a huge disappointment. I also can't help but detect a hint of shame in the blog post that you wrote explaining why you turned around and supported the Bill after speaking out so vociferously against it.
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OTTAWA - The Supreme Court of Canada will not hear the case of an Ontario man who sued his insurance company over stolen marijuana plants.Darren Stewart filed a $50,000 claim on his homeowners' insura...
OTTAWA - The Supreme Court of Canada delivers a precedent-setting ruling Thursday that's expected to dictate how much warrantless access police can have to a person's cellphone.The case centres on a 2...
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OTTAWA - An internal government memo says the RCMP has abandoned some cases following a landmark Supreme Court ruling that said police require a warrant or other legal tool to obtain basic Internet su...
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I started by telling you about my own experience in the world of abuse. I did this because those experiences are what helped me understand the importance of healing in light of a frightening situation. These women -- our sisters -- need our support and understanding to heal. But we cannot forget the men. At some point we are going to have to turn around and help heal this man. Many will think he is undeserving, but he too experienced trauma in his life which he has had to cope with. I'm not talking about forgiveness, I'm talking about compassion.
This past week, the Supreme Court of Canada has been hearing an appeal by the BC Civil Liberties Association that could grant terminally ill Canadians the right to assisted suicide. The Court faces a daunting task. Palliative care cannot eliminate every facet of end-of life suffering. Preserving dignity for patients at the end of life requires a steadfast commitment to non-abandonment, meticulous management of suffering and a tone of care marked by kindness. In response to this dignity conserving approach, the former head of the Hemlock Society conceded that "if most individuals with a terminal illness were treated this way, the incentive to end their lives would be greatly reduced."
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OTTAWA - The so-called "right to die" was back on Canada's conscience Wednesday as the Supreme Court confronted the question of whether a ban on assisted suicide protects or violates the fundamental r...
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The International Human Rights Program (IHRP) at the University of Toronto Faculty of Law and David Asper Centre for Constitutional Rights were interveners before the Supreme Court and argued that the right to a remedy is protected under international law, and is a principle of fundamental justice under the Charter (which protects life, liberty and security of the person). The Supreme Court rejected that argument.
On October 14 Canada's Supreme Court justices will have the unenviable job of choosing between two very different ethical languages. Which is the one in which the promises and protections in Canada's Charter of Rights and Freedoms are best understood?
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TORONTO - Just what provinces must do to ensure juries are properly representative of the population in an area will be put to Canada's highest court Monday in a case that could change the country's j...
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The Supreme Court's ruling in the Tsilhqot'in Nation v. British Columbia case on Aboriginal rights and title exploded in the news last month. Whatever your opinion of the case, it's clear that this is not just about territory: it's also about Canada's evolving constitution -- a common law document whose roots stretch back to the Magna Carta.
The failure to grant aboriginal peoples the dignity and opportunity of a land base also comes at a tremendous cost -- economic, social and moral. It is the cost of an entirely unacceptable status quo. Aboriginal rights are complicated and often poorly understood by Canadians, but behind the intricate issues of rights, title and treaties is the essential notion of sharing. Change is required. That change can come through arduous, adversarial court battles or through a more co-operative nation-building process.
OTTAWA — Police need a search warrant to get information from Internet service providers about their subscribers' identities when they are under investigation, the Supreme Court of Canada ruled Friday...
OTTAWA - Quebec Premier Philippe Couillard expressed disappointment on Monday with the Supreme Court selection process.Couillard was reacting to a news report that a short list of six judges submitted...
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OTTAWA - Political gadflies and jurisprudence junkies, grab the popcorn and pull up a chair: Prime Minister Stephen Harper will soon have yet another Quebec vacancy to fill on the Supreme Court of Can...
Patients with expired ATPs before March 21st need to get a letter, prescription or simply a form from their doctor that authorizes them -- essentially replicating what was found in the MMAR document with respect to authorized possession, grams per day, and signed by the doctor to be in compliance with regulations 53.
At a time when the Prime Minister's public feud with the Chief Justice is prompting Harper-haters in both press and parliament alike to offer blind, slavish adulation to some mythical idea of a Supreme Court that is both never wrong and beyond criticism, it's worth recalling just how arbitrary and disputable many of that court's recent rulings have been.
In Monday's question period, much of the back-and-forth concerned the insinuations from the Prime Minister's Office of wrongdoing on the part of the Chief Justice in striking down Justice Nadon's appointment to the Supreme Court. What follows are eight questions that arise from this whole affair.
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The senators themselves could also aid in this democratization process by self-imposing term limits. Once again, this would come to pass over time as a matter of convention, not legislation. The senators would legally be appointed to age 75, but as a more democratic culture took hold, they would face pressure to step down after X number of years.
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What if all Senators, save for the 20 needed to make quorum, simply resigned en masse tomorrow? In the beginning of his mandate, Harper refused to appoint non-elected Senators to the Upper Chamber. He ended up doing so because the dwindling numbers compromised the Senate's functionality. This time around, the Prime Minister may very well stop appointing Senators for good.
What the CBC altogether missed was the most important plank of opposition to affirmative action: namely, that students should be admitted to college not according to shifting conceptions of "diversity" or to sweeping assumptions about racial-minority experience, but rather according to merit. In other words, prospective students should be judged not by the colour of their skin, but by the content of their character -- in particular their academic aptitude and personal potential.
The Supreme Court of Canada shot down Prime Minister Stephen Harper's plan for reforming the Senate on Friday and users on Twitter were divided over the decision. Many lamented that the court's ruling...
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This month marks the 32nd anniversary of Canada's Charter of Rights and Freedoms, a landmark achievement in the promotion and protection of human rights, and which has served as a model for other countries drafting constitutions of their own. While Canadians have occasion and cause to celebrate this transformative constitutional document, silence is to be expected from Canada's Conservative government. The government's consistent refusal to fully acknowledge the Charter's importance is regrettable not only as a matter of symbolism, but as one of substance as well.
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As one of the key institutions of the federal government, it obviously makes sense for the Supreme Court to enjoy certain constitutional protections. But to decree that even modifying the resume criteria for the men and women who sit on it should require nothing short of a constitutional amendment is to cordon off yet another enormous realm of the broken Canadian political system from even the mildest tinkerings of common-sense improvement.
OTTAWA - The Supreme Court of Canada has unanimously upheld the sexual assault conviction of a Nova Scotia man who tried to trick his girlfriend into becoming pregnant by poking holes in her condoms.C...
OTTAWA - The Supreme Court of Canada has dismissed the appeal of a convicted thief who tried to use the Conservative government's Truth in Sentencing Act to reduce his jail sentence.It's the first tim...
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VANCOUVER - The Supreme Court of Canada has agreed to review the country's assisted suicide laws more than two decades after it rejected doctor-assisted dying for people who are terminally ill.The hig...
Mr. Harper's subjective motivations are irrelevant, as the Court's ultimate decision is sadly also irrelevant. Intentional or not, and whatever the decision, your appointment has created a situation that can only further divide Canadians and damage the reputation of and respect for the Supreme Court you have been asked to serve.
Creating laws that are overly broad and ineffective will just push sex work back into the shadows, and will continue to make it less safe for all those involved. Sex work can be safe, clean, and beneficial to those of us who choose it as a career. It can be conducted ethically, honestly, and freely, with the full consent of all participants. It can be done right, in the privacy of our own homes, without exploitation; we just need to ensure that governments do not restrict our right to choose what we do with our own bodies.
Now that the government's hand has been forced, let's hope it will take the view of prostitution it should have all along: seeing and treating it as work. Work that can involve danger and nuisance, yes. Work that most of us would strongly prefer our grown children did not choose. But work just the same. And work that will take place whether the government bans it or not. As the Supreme Court's decision recognized, harsh criminal penalties aren't an acceptable way to address the harms of the sex trade because these penalties just force prostitution underground, making life unconscionably dangerous for sex-workers.