The Canadian Civil Liberties Association has been involved in a large number of cases since its inception. The following is a chronological list of many of the cases in which CCLA has appeared. For a list of ongoing cases, please see our Ongoing Court Cases page.
Court Cases, 2010
R. v. National Post, 2010 SCC 16: concerning the relationship between journalist-source privilege, freedom of the press under s. 2b, and search warrant and assistance orders targeting the media.
- Read a summary of CCLA’s position
- Read CCLA’s factum
- Read the Supreme Court of Canad’s decision
- Read Nathalie Des Rosier’s op-ed, “Secrecy 1 truth 0″
R. v. Nasogaluak, 2010 SCC 6: concerning the availability of sentence reductions as a remedy for violations of constitutional rights.
Leblanc c. Rawdon (Municipalite de), Quebec Court of Appeal: concerning a broad interlocutory injunction restraining the expression of a group of individuals who were accused of defaming a municipality, the municipality’s Mayor and the Director General.
Warman v. Fournier, Fournier and John Does 1-8, 2010 ONSC 2126: concerning the circumstances under which a website operator can be forced to turn over information that would ‘unmask’ anonymous forum commentators.
- Read a summary of CCLA’s position
- Read CCLA’s factum before the Ontario Superior Court
- Read the Ontario Superior Court’s decision
Whatcott v. Saskatchewan Human Rights Tribunal et al., 2010 SKCA 26: the extent to which a Saskatchewan human rights law can limit the expression of a man distributing anti-homosexual flyers.
Court Cases, 2009
Grant v. Torstar Corp., 2009 SCC 61: concerning the creation and operation of a public interest responsible communication defence.
- Read the CCLA’s factum before the Supreme Court of Canada
- Read the Supreme Court of Canada’s decision
Desbiens v. Wal‑Mart Canada Corp., 2009 SCC 55 and Plourde v. Wal-Mart Canada Corp., 2009 SCC 54: concerning the interpretation of the Quebec Labour Code and the impact of the freedom of association guarantees contained in the Canadian Charter and the Quebec Charter.
Matthew Miazga v. The Estate of Dennis Kvello, et al., 2009 SCC 51: concerning the appropriate legal test for the tort of malicious prosecution.
Alberta v. Hutterian Brethren of Wilson Colony, 2009 SCC 37: concerning whether a provincial law requiring that all driver’s licenses include a photograph of the license holder violates the freedom of religion of persons seeking an exemption from being photographed for religious reasons.
- Read the CCLA’s factum before the Supreme Court of Canada
- Read the Supreme Court of Canada’s decision
R. v. Harrison, 2009 SCC 34: concerning the appropriate application of s. 24(2) of the Charter in cases where police have engaged in “blatant” and “flagrant” Charter violations.
- Read the CCLA’s factum before the Supreme Court of Canada
- Read the Supreme Court of Canada’s decision
R. v. Suberu, 2009 SCC 33: concerning the constitutional right to counsel in the context of investigative detentions.
- Read the CCLA’s factum before the Supreme Court of Canada
- Read the Supreme Court of Canada’s decision
R. v. Grant, 2009 SCC 32: concerning the appropriate legal test for the exclusion of evidence under s. 24(2) of the Charter.
- Read the CCLA’s factum before the Supreme Court of Canada
- Read the Supreme Court of Canada’s decision
Robin Chatterjee v. Attorney General of Ontario, 2009 SCC 19: concerning the constitutionality of the civil forfeiture powers contained in Ontario’s Civil Remedies Act, 2001.
R. v. Patrick, 2009 SCC 17: concerning the constitutionality of police conducting warrantless searches of household garbage located on private property.
Toronto Police Services Board v. (Ontario) Information and Privacy Commissioner, 2009 ONCA 20: freedom of information and the extent to which the public’s right to access electronic data requires that the institution render such data in retrievable form.
- Read the CCLA’s factum before the Ontario Court of Appeal
- Read the Ontario Court of Appeal’s decision
R. v. Chehil (Nova Scotia) (Criminal) (Nova Scotia Court of Appeal File No. CAC 307354): concerning the permissibility of warantless searches of airline passenger information by police (the CCLA intervened at the Nova Scotia Court of Appeal).
Stephen Boissoin and the Concerned Christian Coalition Inc. v. Darren Lund, 2009 ABQB 592: examining the extent to which Alberta human rights law can limit a homophobic letter to the editor.
- Read CCLA’s factum before the Queen’s Bench of Alberta
- Read the Alberta Queens Bench Court’s decision
Court Cases, 2008
WIC Radio Ltd., et al. v. Kari Simpson, 2008 SCC 40: concerning the appropriate balance to be struck in the law of defamation when one person’s expression of opinion may have harmed the reputation of another.
R. v. Kang-Brown, 2008 SCC 18, and R. v. A.M., 2008 SCC 19: the constitutionality of using dogs to conduct random warrantless inspections of high school students.
- Read the CCLA’s factum before the Supreme Court of Canada
- Read the Supreme Court of Canada’s decision in R. v. Kang-Brown
- Read the Supreme Court of Canada’s decision in R. v. A.M.
Michael Esty Ferguson v. Her Majesty the Queen, 2008 SCC 6: the constitutional challenge of a law requiring mandatory minimum sentences.
- Read the CCLA’s factum before the Supreme Court of Canada
- Read the Supreme Court of Canada’s decision
Amnesty International Canada v. Canada (Minister of National Defence), 2008 FCA 401: concerning the extraterritorial application of the Charter, and specifically its application to Canadian Forces in Afghanistan and the transfer of detainees under Canadian control to Afghan authorities.
- Read the CCLA’s factum before the Federal Court of Appeal
- Read the Federal Court of Appeal’s decision
Elmasry and Habib v. Roger’s Publishing and MacQueen (No. 4), 2008 BCHRT 378: the extent to which a British Columbia human rights law can limit the freedom of expression of a news magazine that had published offensive material about Muslims.
Whatcott v. Assn. Of Licensed Practical Nurses (Saskatchewan), 2008 SKCA 6: concerning the freedom of expression of an off-duty nurse who picketed a Planned Parenthood facility – whether he should be subject to disciplinary action by the professional association of nurses for this activity.
- Read the CCLA’s factum before the Saskatchewan Court of Appeal
- Read the Saskatchewan Court of Appeal’s decision
Court Cases, 2007
Bruker v. Marcovitz, 2007 SCC 54: the extent to which civil courts can enforce a civil obligation to perform a religious divorce.
R. v. Hill, 2007 SCC 41: whether police officers can be held liable in tort for a negligently conducted investigation.
R. v. Clayton, 2007 SCC 32: concerning the scope of the police power to establish a roadblock and to stop and search vehicles and passengers.
R. v. Bryan, 2007 SCC 12: regarding the constitutionality of provisions of the Elections Act which penalize dissemination of election results from eastern Canada before polls are closed in the West.
Charkaoui et al. v. Canada (Citizenship and Immigration), 2007 SCC 9: examining in part the constitutionality of certain “security certificate” provisions of the Immigration and Refugee Protection Act.
R. v. Banks, 2007 ONCA 19: one of the issues was whether provisions of the Ontario Safe Streets Act prohibiting certain forms of soliciting violate subsection 2(b) of the Charter. The CCLA intervened before the Ontario Court of Justice, the Ontario Superior Court of Justice and the Ontario Court of Appeal.
Court Cases, 2006
R. v. Déry, 2006 SCC 53: whether the Criminal Code contains the offence of “attempted conspiracy”.
Multani v. Commission Scolaire Marguerite-Bourgeoys, 2006 SCC 6: whether the Charter’s guarantee of freedom of religion allows a student to wear a kirpan in school.
Owens v. Saskatchewan Human Rights Commission, 2006 SKCA 41:the application of the Charter’s guarantees of freedom of religion and expression to a provincial statute banning hateful speech.;
O’Neill v. Attorney General of Canada, [2006] O.J. No. 4189 (Ont. S.C.J.): the interaction of national security and Charterrights.
Lund v. Boissoin AND The Concerned Christian Coalition Inc. (2006), CarswellAlta 2060 (AHRCC): examining the extent to which Alberta human rights law can limit a homophobic letter to the editor.
Montague v. Page (2006), 79 O.R. (3d) 515 (Ont. S.C.J.): the application of the Charter’s guarantee of freedom of expression to the question of whether municipalities are allowed to file defamation suits against residents.
- Read the CCLA’s factum before the Ontario Superior Court of Justice
- Read the Court’s decision
Court Cases, 2000-2005
Supreme Court of Canada
R. v. Hamilton, 2005 SCC 47: the scope of the offence of counseling the commission of a crime.
Reference: by the Government in Council Concerning the Proposal for an Act Respecting Certain Aspects of Legal Capacity for Marriage for Civil Purposes, 2004 SCC 79: the equality and religious freedom aspects of proposed changes to the marriage legislation.
R v. Tessling, 2004 SCC 67: the constitutionality of the police conducting warrantless searches of private dwelling houses using infra red technology during the course of criminal investigations.
R v. Mann, 2004 SCC 52: whether the police have the authority at common law to detain and search a person in the absence of either a warrant or reasonable and probable grounds to believe an offence has been committed.
La Congrégation des témoins de Jéhovah de St-Jérôme Lafontaine, et al. v. Municipalité du village de Lafontaine, et al., 2004 CSC 48: the constitutionality of a municipal zoning decision that limited the location of building places of religious worship.
In the matter of an application under § 83.28 of the Criminal Code, 2004 SCC 42: questioning inter alia the constitutionality of investigative hearings and the over breadth of certain provisions of the Anti-Terrorism Act.
R. v. Malmo-Levine, R. v. Clay, R. v. Caine, 2003 SCC 74: whether the criminal prohibition against the possession of marijuana violates section 7 of the Charter.
Odhavji Estate v. Woodhouse, 2003 SCC 69: the appropriate scope of both the tort of abuse of public office and the tort of negligent supervision of the police, and the appropriate legal principles to be applied when addressing the issues of costs orders against private individuals of modest means who are engaged in public interest litigation.
Lafferty v. Parizeau (SCC File No. 30103), 2003 SCCA. No. 555 (leave granted but case settled before hearing): the application of Charter freedom of expression values to defamation and the defense of fair comment.
Chamberlain v. The Board of Trustees of School District # 36 (Surrey), 2002 SCC 86: the balancing of freedom of religion and equality rights in the context of a public school board’s approval of books for a school curriculum.
Retail, Wholesale and Department Store Union, Local 558 v. Pepsi-Cola Canada Beverages (West) Ltd., 2002 SCC 8: the extent to which the common law regarding secondary picketing should be modified in light of Charter values.
R. v. Golden, 2001 SCC 83: one of the issues was whether a strip search of the accused conducted as an incident to arrest violated section 8 of the Charter.
Trinity Western University v. British Columbia College of Teachers, 2001 SCC 31: the CCLA supported a private university’s claim to be accredited for certification of its graduates as teachers eligible to teach in the public school system, despite the fact that the university’s religiously-based code of conduct likely excluded gays and lesbians.
R. v. Sharpe, 2001 SCC 2: whether the Criminal Code prohibition of the possession of child pornography is an unreasonable infringement on the right to freedom of expression under the Charter.
R. v. Latimer, 2001 SCC 1: dealing with, among other things, whether the Criminal Code provision for a mandatory minimum sentence of life imprisonment for second degree murder constitutes cruel and unusual punishment under section 12 of the Charter.
Little Sisters Book and Art Emporium v. Canada (Attorney General), 2000 SCC 69: in which one of the issues was whether certain provisions of Canada’s customs legislation which permit customs officers to seize and detain allegedly obscene material at the border unreasonably infringe on the right to freedom of expression.
Provincial and Federal Court of Appeal
Genex Communications Inc. v. Attorney General of Canada, 2005 FCA 283: the application of theCharter’s guarantee of freedom of expression to a decision by the CRTC to refuse to renew a radio station license.
Ross v. New Brunswick Teachers’ Association 2001 NBCA 62: the extent to which the values underlying the common law tort of defamation must give way to the Charter values underlying freedom of expression, especially where a claimant who asserts the former at the expense of the latter freely enters the public arena.
R. v. Budreo (2000), 46 O.R. (3d) 481 (C.A.): whether the provision in section 810.1 of the Criminal Code, which permits a court to impose recognizance on a person likely to commit sexual offences against a child, violates section 7 of the Charter.
Lower Courts
R v. Glad Day Bookshop Inc., (2004) O.J No. 1766 (Ont. Sup. Ct. Jus.): the constitutionality of the statutory regime requiring prior approval and allowing the prior restraint of films.
Ontario (Human Rights Commission) v. Brillinger, (2002) O.J. No. 2375 (Div. Ct.): in which the issue concerned the balance to be struck between freedom of religion and the right to equality.
Falkiner v. Ontario (Ministry of Community and Social Services) (2002), 59 O.R. (3d) 481 (C.A.): the extent to which regulations made under the Family Benefits Act and the General Welfare Assistance Act amending the definition of “spouse” in relation to benefit entitlement (1) constituted discrimination under subsection 15(1) of the Charter, and (2) set the stage for unwarranted government intrusion into the personal and private circumstances of affected recipients. The CCLA intervened before SARB, the Ontario Divisional Court, the Ontario Superior Court of Justice, and the Ontario Court of Appeal.
Toronto Police Association v. Toronto Police Services Board and David J. Boothby (Ont. Div. Ct. Court, File No. 58/2000): regarding the propriety of police fundraising and political activities, and the validity of a by-law and order issued by the Toronto Police Services Board and the Chief of Police, respectively, regarding police conduct. The matter settled prior to the hearing.
Martin Entrop and Imperial Oil Ltd (2000), 50 O.R. (3d) 18 (C.A.): the legality of an employer testing employees’ urine for drug use. The CCLA intervened in the Ontario Court of Justice and the Ontario Court of Appeal.
Court Cases, 1990-1999
Supreme Court of Canda
United Food and Commercial Workers, Local 1518 (U.F.C.W.) v. KMart Canada Ltd., [1999] 2 S.C.R. 1083: and Allsco Building Products Ltd. v. United Food and Commercial Workers International Union, Local 1288 P, [1999] 2 S.C.R. 1136, in which the issue was whether leafleting by striking employees at non-struck workplaces is constitutionally protected expression (the CCLA intervened in the Supreme Court of Canada);
R. v. Mills, [1999] 3 S.C.R. 668: in which the central issue was the appropriate balance to be struck between the rights of the accused and the rights of complainants and witnesses with respect to the production of medical and therapeutic records (the CCLA intervened in the Supreme Court of Canada);
Thomson Newspapers Co. (c.o.b. Globe and Mail) v. Canada (Attorney General), [1998] 1 S.C.R. 877: in which the issue was whether section 322.1 of the Canada Elections Act, which prohibits the publication of public opinion polls during the last 72 hours of a federal election campaign, constitutes a violation of the Charter’s guarantee of freedom of expression (the CCLA intervened in the Supreme Court of Canada);
R. v. Lucas, [1998] 1 S.C.R. 439: in which the issue was whether section 300 of the Criminal Code, which creates the offence of publishing a defamatory libel, constitutes a violation of the Charter’s guarantee of freedom of expression (the CCLA intervened in the Supreme Court of Canada);
Winnipeg Child and Family Services (Northwest Area) v. D.F.G, [1997] 3 S.C.R. 925: in which the issue was whether the law should permit the state to interfere with the privacy, dignity, and liberty of a pregnant woman where her actions may expose the fetus to serious injury (the CCLA intervened in the Supreme Court of Canada);
R. v. Stillman, [1997] 1 S.C.R. 607: in which the issue was the explication of the circumstances, including police conduct, that would bring the administration of justice into disrepute within the meaning of subsection 24(2) of the Charter if unconstitutionally obtained evidence were to be admitted into a proceeding (the CCLA intervened in the Supreme Court of Canada);
Ross v. New Brunswick School District No. 15, [1996] 1 S.C.R. 825: in which some of the issues were whether a teacher, who had been subject to discipline for making discriminatory anti-Semitic statements while off duty, could defend his conduct, at least in part, on freedom of religion (the CCLA intervened in the Supreme Court of Canada);
Al Yamani v. Canada (Solicitor General) (TD.), [1996] 1 F.C. 174 (T.D.): in which some of the issues were whether the provision in theImmigration Act regarding the deportation of permanent residents on the basis of membership in a class of organizations violated principles of fundamental justice contrary to section 7 of the Charter or the Charter guarantees of freedom of association and expression (the CCLA intervened in the Federal Court Trial Division);
Adler v. Ontario, [1996] 3 S.C.R. 609: in which the issues were whether Ontario not funding of Jewish and certain Christian day schools violated the Charter’s guarantees of freedom of conscience and religion and of equality without discrimination based on religion (the CCLA intervened in the Ontario General Division, the Ontario Court of Appeal, and the Supreme Court of Canada);
Hill v. Church of Scientology of Toronto, [1995] 2 S.C.R. 1130, in which the issues were: (1) whether the common law of defamation should be developed in a manner consistent with freedom of expression; (2) whether the common law test for determining liability for defamation disproportionately restricts freedom of expression; and (3) whether the current law respecting non-pecuniary and punitive damages disproportionately restricts freedom of expression and whether limits on jury discretion and damages should be imposed (the CCLA intervened in the Supreme Court of Canada);
Ramsden v. Peterborough (City), [1993] 2 S.C.R. 1084: in which the issue was whether a municipal by-law banning posters on public property violated the Charter’s guarantee of freedom of expression (the CCLA intervened in the Ontario Court of Appeal and the Supreme Court of Canada);
R. v. Zundel, [1992] 2 S.C.R. 731: in which the issue was whether section 177 of the Criminal Code prohibiting spreading false news violated the Charter’s guarantee of freedom of expression (the CCLA intervened in the Supreme Court of Canada);
R. v. Butler, [1992] 1 S.C.R. 452: in which the issue was whether the obscenity provisions in section 163 of the Criminal Code violate the Charter’s guarantee of freedom of expression (the CCLA intervened in the Supreme Court of Canada);
R. v. Seaboyer, [1991] 2 S.C.R. 577: in which one of the issues was whether the rape shield provisions of the Criminal Code violated theCharter’s guarantee of a fair trial (the CCLA intervened in the Ontario Court of Appeal and the Supreme Court of Canada of Canada);
Provincial and Federal Court of Appeal
Moumdjian v. Canada (Security Intelligence Review Committee), [1999] 4 F.C. 624: in which one of the issues was the constitutionality of Immigration Act provisions which impacted on the freedom of association (the CCLA intervened in the Federal Court of Appeal);
Daly v. Ontario (Attorney General) (1999), 44 O.R. (3d) 349 (C.A.): in which the issue was the extent to which Ontario’s constitutionality protected Catholic separate school boards must adhere to the restrictions on employment discrimination contained in the Ontario Human Rights Code (the CCLA intervened in the Ontario General Division and the Ontario Court of Appeal);
Lower Courts
R. v. Gill (1996), 29 O.R. (3d) 250 (Ont. Gen. Div.): in which the issue was whether section 301 of the Criminal Code, which creates an offence of publishing a defamatory libel, constitutes a violation of the Charter’s guarantee of freedom of expression (the CCLA intervened in the Ontario Court – General Division);
Ontario (Attorney General) v. Langer (1995), 123 D.L.R. (4th) 289 (Ont. Gen. Div.): in which the issue was the constitutionality of ss. 163.1 and 164 of the Criminal Code relating to child pornography (the CCLA intervened in the Ontario General Division);
Ontario Human Rights Commission v. Four Star Variety (1993) (Ont. Bd. of Inquiry): in which the issues were whether convenience stores displaying and selling certain magazines discriminated against women on the basis of their sex contrary to the Ontario Human Rights Code and if the Board of Inquiry’s dealing with the obscenity issue intruded on the Charter’s guarantee of freedom of expression (the CCLA intervened before the Board of Inquiry);
J.H. v. Hastings (County), [1992] O.J. No. 1695 (Ont. Gen. Div.): in which the issue was whether disclosure to municipal councilors of a list of social assistance recipients violated the protection of privacy under the Municipal Freedom of Information and Protection of Privacy Act (the CCLA intervened in the Ontario Court – General Division);
Lavigne v. Ontario Public Service Employees Union, [1991] 2 S.C.R. 211: whether the use for certain political purposes of union dues paid by nonmembers pursuant to an agency shop or Rand formula violated the Charter’s guarantees of freedom of expression and association.
R. v. Keegstra, [1990] 3 S.C.R. 697: whether the Criminal Code provision which made it an offence to willfully promote hatred against an identifiable group constitutes a violation of the Charter’s guarantee of freedom of expression.
1980-1989
Supreme Court
Canada (Human Rights Commission) v. Taylor, [1990] 3 S.C.R. 892: whether a provision in the Canada Human Rights Actthat prohibited telephone communication of hate messages offended the Charter’s guarantee of freedom of expression.
Tremblay v. Daigle, [1989] 2 S.C.R. 530: whether a father of an unborn child could obtain an injunction prohibiting the mother from having an abortion.
Reference Re Bill 30, an Act to amend the Education Act (Ont.), [1987] 1 S.C.R. 1148: whether Bill 30, which provided for full funding for Roman Catholic separate high schools, violated the Charter’s guarantees of freedom of conscience and religion and equality rights (the CCLA intervened in the Ontario Court of Appeal and the Supreme Court of Canada).
R. v. Dowson, [1983] 2 S.C.R. 144, and R. v. Buchbinder, [1983] 2 S.C.R. 159: in which the issue was whether the Attorney General could order a stay of proceedings under section 508 of the Criminal Code after a private information has been received but before the Justice of the Peace has completed an inquiry (the CCLA intervened in R v. Dowson in the Ontario Court of Appeal and the Supreme Court of Canada. In R v. Buchbinder, the CCLA intervened in the Supreme Court of Canada);
- Read the CCLA’s factum before the Supreme Court of Canada
- Read the Supreme Court’s decision in R. v. Dowson
- Read the Supreme Court’s decision in R. v. Buchbinder
Nova Scotia (Attorney General) v. Maclntyre, [1982] 1 S.C.R. 175: whether a journalist is entitled to inspect search warrants and the information used to obtain them.
Provincial and Federal Court of Appeal
Zylberberg v. Sudbury Board of Education (Director) (1988), 65 0. R. (2d) 641 (C.A.): whether an Ontario regulation which provided for religious exercises in public schools violated the Charter’s guarantee of freedom of conscience and religion (the CCLA intervened in the Ontario Divisional Court and the Ontario Court of Appeal).
R. v. Swain (1986), 53 O.R. (2d) 609 (C.A.): whether the provision in the Criminal Code for the detention of an accused acquitted by reason of insanity violated sections 7, 9, 12 or 15(1) of the Charter.
R. v. J.M.G. (1986), 56 O.R. (2d) 705 (C.A.): whether a school principal’s seizure of drugs from a student’s sock violated theCharter’s protection from unreasonable search and seizure.
R. v. Rao (1984), 46 O.R. (2d) 80 (C.A.): whether a provision under the Narcotic Control Act permitting warrantless searches violated the Charter’s guarantee of protection against unreasonable search and seizure.
Re Ontario Film & Video Appreciation Society and Ontario Board of Censors (1984), 45 O.R. (2d) 80 (C.A.): whether a provincial law permitting a board to censor films violated the Charter’s guarantee of freedom of expression (the CCLA intervened in the Ontario Divisional Court and the Ontario Court of Appeal).
R. v. Oakes (1983), 40 O.R. (2d) 660: whether the reverse onus clause in section 8 of the Narcotic Control Act violated an accused’s right to be presumed innocent under the Charter.
R. v. Saxell (1980), 33 0. R. (2d) 78 (C.A.): whether the provision in the Criminal Code for the detention of an accused acquitted by reason of insanity violated guarantees in the Canadian Bill of Rights, including the guarantee of due process and the protection against arbitrary detention and imprisonment.
Lower Courts
Re Ontario Film & Video Appreciation Society and Ontario Film Review Board (1986), 57 O.R. (2d) 339 (Div. Ct.)
Canadian Newspapers Co. Ltd. v. Attorney-General of Canada (1986), 55 0. R. (2d) 737 (H.C.): whether the provision in the Criminal Code limiting newspapers’ rights to publish certain information respecting search warrants violated the Charter’sguarantee of freedom of expression.
Re Klein and Law Society of Upper Canada; Re Dvorak and Law Society of Upper Canada (1985), 16 D.L.R. (4th) 489 (Div. Ct.): whether the Law Society’s prohibitions respecting fees advertising and communications with the media violated theCharter’s guarantee of freedom of expression.
Re Fraser and Treasury Board (Department of National Revenue) (1982), 5 L.A.C. (3d) 193 (P.S.S.R.B.): whether termination of a civil servant for publicly criticizing government policy violated freedom of expression.
1970-1979
Supreme Court of Canada
Nova Scotia (Board of Censors) v. McNeil, [1978] 2 S.C.R. 662: whether statutory provisions and regulations authorizing the Board of Censors to regulate and control the film industry in the province were intra vires the provincial legislature and whether they violated fundamental freedoms, including freedom of speech.
Nova Scotia (Board of Censors) v. McNeil, [1976] 2 S.C.R. 265: whether a taxpayer has standing to challenge legislation concerning censorship of films.
R. v. Morgentaler, [1976] 1 S.C.R. 616: whether the necessity defence was applicable to a charge of procuring an unlawful abortion under the Criminal Code.
Provincial and Federal Court of Appeal
Reference re Legislative Privilege (1978), 18 O.R. (2d) 529 (C.A.): whether a member of the legislature has a privilege allowing him or her to refuse to disclose the source or content of confidential communications by informants when testifying at a criminal trial.
