Article Category:

Court Cases

Osgoode Hall Ontario Court of Appeal

Court misses chance on sentence reduction remedy

January 12, 2017

When the Charter rights of an individual – who is guilty of a criminal offence – have been violated, does the court have authority to provide a remedy under s. 24(1) of the Charter of Rights and Freedoms, which permits a reduced sentence, even when the Criminal Code provides for a mandatory minimum sentence?  This […]


CCLA Permitted to Intervene in Google Case Before the Supreme Court

November 3, 2016

CCLA was recently permitted to intervene in the case of Equustek Solutions Inc v Google Inc, which is being heard by the Supreme Court of Canada on December 6, 2016. Google is appealing a lower court decision that affirmed a global restraining order against its search engine. The restraining order forces Google not to display the defendant’s website in its global […]

Canadians’ right to privacy in cell phone data confirmed by the Ontario Superior Court

January 14, 2016

Telecom companies have the obligation to protect the privacy of their subscriber’s personal information, and police must make sure that requests for this information are minimally intrusive. These are key elements of a decision released January 14, 2016 by the Ontario Superior Court in a Charter Challenge brought by Rogers and Telus. In April 2014, […]

Supreme Court: Helping Refugees Not “Human Smuggling”

Supreme Court: Helping Refugees Not “Human Smuggling”

November 27, 2015

CCLA welcomes today’s decisions from the Supreme Court of Canada concerning assistance to refugees entering the country. The Court held that the term “human smuggling” does not, and should not, refer to a person who helps her child or spouse enter Canada, in their collective flight to safety. Nor does it refer to acts of […]

Charter of Rights and Freedoms

Federal Court Case Challenges Government’s Respect for Charter of Rights and Freedoms

September 30, 2015

FOR IMMEDIATE RELEASE CCLA CALLS ON FEDERAL ELECTION CANDIDATES TO RECOGNIZE THEIR DUTY TO UPHOLD THE CHARTER AND PROMISE TO ENSURE ACCOUNTABILITY IN LAW-MAKING   Ottawa, ON – Last week, the Canadian Civil Liberties Association (CCLA) intervened in the Federal Court case of Schmidt v. Attorney General of Canada, arguing that (1) the government has a responsibility to […]

Significant Step for G20 Police Accountability

August 26, 2015

Yesterday, a police tribunal found senior Toronto police officer, Superintendent Mark Fenton, guilty of discreditable conduct and unnecessary exercise of authority for ordering the mass arrest of civilians during the 2010 G20 protests. The tribunal, presided over by retired judge John Hamilton, reaffirmed that police cannot use mass arrests to break up peaceful protests — a […]

CCLA Goes to Supreme Court to Ensure Appropriate Remedies Available for Charter Breaches

January 12, 2010

On January 18, 2010, CCLA presented arguments before the Supreme Court of Canada in City of Vancouver, et al. v. Alan Cameron Ward, et al. This case, which concerned the availability of monetary damages for certain Charter infringing government conduct, is the result of a 2002 incident in which Mr. Ward, a member of public, […]

Supreme Court holds that mandatory minimums are not absolute when rights have been violated

February 22, 2010

Last Friday, the Supreme Court of Canada released its decision in R. v. Nasogaluak, which dealt with the availability of sentence reductions for offenders who have been abused by police.  The case involved an Edmonton man whose ribs were broken by police after he led them on a high speed chase, treatment which the Court […]

Supreme Court holds there is no right to lawyer during police interrogations

October 13, 2010

On October 8, 2010, the Supreme Court of Canada released judgments in R. v. Sinclair, R. v. Willier, and R. v. McCrimmon, a trilogy of cases that dealt with whether suspects are entitled to speak to their lawyers while being interrogated by police. In a 5-4 decision, the Court held that the constitutional right to […]

CCLA welcomes court ruling further restricting LRAD use

June 25, 2010

The Canadian Civil Liberties Association welcomes today’s court ruling, which forced the Toronto Police Service to further amend their operating standards for the sonic cannon in order to ensure that the public was not placed at undue risk of hearing damage by its use.  The Court found that, even with the most recent iteration of […]