Category: Charter of Rights and Freedoms

Top Court’s Upholding of Extreme Intoxication Defence Draws Mixed Reactions

A Supreme Court of Canada ruling that someone too impaired by drugs to be capable of self-control isn’t criminally guilty has caused mixed reactions and a call for new legislation by some. The Supreme Court of Canada (SCC) ruling of R. v. Brown concerned a former Calgary university student who, at a party in Calgary…


John Robson: The Charter at 40: Empowering the State, Not Protecting Liberty

Commentary It is now 40 years since the glorious Charter of Rights and Freedoms sprang full-fledged from the brow of philosopher-king Pierre Elliot Trudeau, created Canada from some rather nasty foam bobbing about from sea to shining C-minus, and gave us sweet-smelling liberty where all had been sick-making darkness. Or so I gather from the…


Police Use of Facial Recognition Technology Could Threaten Charter Rights: Lawyers

The use of facial recognition technology by law enforcement without the proper legal safeguards in place threatens privacy, free speech, and peaceful assembly rights protected under the Charter, a technology and human rights lawyer says. Testifying before the Standing Committee on Access to Information, Privacy, and Ethics on March 21, Cythnia Khoo said the use of…


Legal Organization Sues BC Government to End Vaccine Mandates for Health Care Workers

A legal organization is suing the B.C. government to end its COVID-19 vaccine mandates for health care workers. The Justice Centre for Constitutional Freedoms announced Thursday it has filed a petition in B.C. Supreme Court, demanding that the provincial government rescind its mandates, which require certain health care professionals to take the COVID-19 shots as…


Does Modern Science Demand That We Sacrifice Our Freedom of Conscience?

Commentary A lot has been asked of Canadians over the past two years, and the vast majority have been dutiful, obedient, and sacrificial in doing their part to keep our country going during an unprecedented global pandemic. But as we enter year three of COVID, sentiments are shifting. Canadians are increasingly at odds with each…


Charter’s Last Surviving Signatory and Former Premier Sues Ottawa Over Travel Vaccine Mandates

Brian Peckford, former premier of Newfoundland and the last surviving architect of the Canadian Charter of Rights and Freedoms, has filed a lawsuit against the federal government on Jan. 26. Alongside five other applicants, Peckford’s team is challenging the Constitutional merits of the Trudeau administration’s mandates restricting travel for Canadians without a COVID-19 vaccination. And…


Video: Lawyers Launch Campaign to Protect Civil Liberties in Canada

For Bruce Pardy, professor of law at Queen’s University, it’s important to ensure that people who are suffering the effects of “COVID overreach” from pandemic policies know that they are not alone and that there are still lawyers out there who don’t accept the erosion of fundamental freedoms in Canada. “When you have been suspended…


COVID Responses Defy Canadian Constitution, Says Last Living Architect of 1982 Legal Framework

The last living premier who took part in the 1982 Constitution negotiations says Canadian governments have “violated” the country’s supreme law and governing legal framework during the pandemic. Brian Peckford, who served as Newfoundland and Labrador’s third premier from 1979 to 1989 and has been a Vancouver Island resident since the 1990s, says “governments from…


Vaccine Mandates Are Dividing Canadians: Former Judge

The vaccine mandates pushed by the federal and provincial governments have divided Canadians, and the way the unvaccinated are berated is “extremely ugly,” a former judge says. “I would never have thought such a thing could happen in Canada,” said Brian Giesbrecht, who served as a provincial court judge in Manitoba from 1976 to 2007….


Federal Vaccine Mandates Implicate, Infringe on Canadians’ Charter Rights: Legal Experts

The vaccine mandate that requires federal employees from core public services to be fully immunized against COVID-19 has constitutional issues that implicate the Canadian Charter of Rights and Freedom, an Ontario lawyer says. “There are several sections of the Charter of Rights that are implicated by mandating vaccines, generally speaking,” said Ryan O’Connor, a Toronto-based…