Article Category:

Court Cases

CCLA argues for greater consideration of the constitution in lawmaking

CCLA argues for higher standard in lawmaking

February 9, 2017

After having heard from counsel in Schmidt v. Attorney General of Canada on Feb. 8, three Federal Court of Appeal judges – justices David Stratas, Donald Rennie, and David Near – will now evaluate the standard the Minister of Justice has been using when declaring that a bill tabled in Parliament complies with the Charter […]

Privacy in sent text messages cases going to Supreme Court

February 9, 2017

CCLA will be going to the Supreme Court of Canada in two cases looking at issues of privacy protections and sent text messages. The cases address questions around reasonable expectations of privacy in text messages, once they have been sent and received. The cases will also examine the related question of whether individuals should have […]

‘Small voices’ could still be silenced by B.C. election rules

‘Small voices’ could still be silenced by B.C. election rules

January 26, 2017

Supreme Court  ruling clarifies ‘self-expression’   TORONTO, Ont.  ̶  The Canadian Civil Liberties Association is pleased the Supreme Court of Canada has clarified that wearing t-shirts or displaying a bumper sticker does not equate to advertising during elections. However, today’s decision in B.C. Freedom of Information and Privacy Association v British Columbia (Attorney General) could […]

Privacy, free expression rights at issue in SCC’s ruling on B.C. election law

January 25, 2017

TORONTO, Ont.  ̶  Tomorrow, Jan. 26, 2017, the Supreme Court of Canada will release its decision in B.C. Freedom of Information and Privacy Association v Attorney General of British Columbia. British Columbia’s Elections Act currently requires anyone engaged in election advertising to provide their full name and full address to an on-line public register regardless […]

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 […]

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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 […]