Article Category:

Court Cases

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 […]

iStock_000017967305_Large

Supreme Court favours individual liberty for medical marijuana users

June 11, 2015

Sufferers of glaucoma, chronic pain, arthritis or epilepsy have been given another way to manage their conditions by the Supreme Court. Until today, the Marihuana Medical Access Regulations (or MMARs) only allowed medical marijuana users to possess the dried plant – not to use compounds extracted from it. Effectively, the law meant that medical users […]

iStock_000017967305_Large

Supreme Court Maintains Clarity of Personal Use Exception to Child Pornography

May 22, 2015

The Supreme Court of Canada has rendered a decision in the cases of R. v. Barabash and R. v. Rollison, which considered the proper interpretation of the personal use exception to child pornography charges. The Court affirmed their prior interpretation of the exception, accepting some of the arguments put forward by the CCLA, and striking an […]

Canadian Broadcasting Corporation v. Her Majesty the Queen, et al. (Supreme Court of Canada)

March 9, 2011

This case concerns whether news gathering in courthouses and the broadcasting of open court proceedings convey crucial information about the nature and workings of the justice system, and whether the Canadian public has a constitutional right to receive this information. Read the Supreme Court of Canada’s case summary Read the Supreme Court of Canada’s decision

iStock_000005318192_Large

Supreme Court Decision on Hyperlinking a Victory for Freedom of Expression

October 19, 2011

The Supreme Court of Canada’s recent decision in a defamation case is part of an approach that increasingly recognizes the importance of freedom of expression and the steps that need to be taken to protect it in the Internet age.  The Court has rendered a decision in the case of Crookes v. Newton, which considered whether a […]

iStock_000017967305_Large

Supreme Court of Canada Addresses Defences to Child Pornography

November 7, 2011

The Supreme Court has rendered a decision in R. v. Katigbak, a case that considered how to interprete certain defences to the criminal offence of possessing child pornography.  The CCLA intervened in the case because, despite the importance of protecting children from sexual exploitation, the broad definition of child pornography requires that the defences to […]

A Victory for Equality Rights in the Saskatchewan Court of Appeal

January 10, 2011

The Saskatchewan Court of Appeal has handed a victory to advocates of equality in rendering its decision in a reference on proposed amendements to Saskatchewan’s Marriage Act. The proposed amendments would have allowed provincially appointed marriage commissioners to refuse to perform civil marriages where to do so would conflict with their religious beliefs.  The amendments […]