Commentary Inside a spectacular courtroom at the Supreme Court of Canada building in early April, Justice Richard Mosley of the Federal Court heard arguments from national civil liberties organizations about why the Government of Canada’s invocation of the Emergencies Act last year was illegal and unconstitutional. The Federal Court is the last guardrail of accountability…
Unreasonable, Illegal, and Unconstitutional: Challenging the Emergencies Act in Federal Court
High Court Dismisses Crown Appeal in ‘Surrey Six’ 2007 Gang Murder Case
The Supreme Court of Canada ruled Friday that one of the men convicted in a 2007 gangland murder should have the chance to provide evidence related to allegations of police misconduct and treatment in solitary confinement. In a unanimous decision the top court agreed with the B.C. Court of Appeal that it was a mistake…
There’s Nothing Fair About Canadian Health Care
April 16, 2023
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Commentary For the past 14 years, Vancouver surgeon Dr. Brian Day has led the charge for health-care reform, pushing for the right of patients to pay for private care if their health and well-being are threatened as a result of waiting in a stagnant and overburdened public system. He argued that these prolonged waits violate a…
Supreme Court Upholds Acquittal of Quebec Man Who Refused Breathalyzer Test
Canada’s highest court has upheld the acquittal of a Quebec man who refused to provide a sample of his breath to officers who didn’t have immediate access to a breathalyzer test. The Supreme Court of Canada says the demand was invalid because police did not have in their possession an approved screening device to test…
Fight for Private Health Care Back to Political Arena After Legal Defeat, Doctor Behind the Case Says
After losing his legal battle to ensure right to private health care in B.C., Dr. Brian Day says it’s now up to legislators to bring change. The Supreme Court of Canada (SCC) announced it would not hear the case brought forward by the Vancouver surgeon and patient plaintiffs who had suffered due to long wait lists…
Canada’s Supreme Court Won’t Hear Appeal Involving Right to Private Health Care
The Supreme Court of Canada will not hear an appeal from a Vancouver physician who has led a legal challenge over a patient’s right to access private health care. The Supreme Court’s decision, handed down on April 6, ends the challenge by physician Brian Day, two Vancouver-based private health facilities, and four patients who argued that…
Top Court Rules Police Cannot Conduct Random Tests for Alcohol Intoxication on Private Property
Police do not have the authority to conduct random tests for alcohol intoxication on private property, the Supreme Court of Canada has ruled. The case, K v. McColman, with the Canadian Civil Liberties Association (CCLA) granted intervenor status, arose as a result of Walker McColman, a northern Ontario man, being charged and arrested for impaired…
Hearings Begin Before Supreme Court on Federal Environmental Impact Assessment Law
Federal lawyers defended the government’s Impact Assessment Act in the Supreme Court of Canada on Tuesday as a two-day hearing started to determine the future of how the country weighs the environmental costs of economic development. Several of the five-member panel of justices hearing the appeal of an Alberta decision that found the act unconstitutional…
Evidence Cannot Support Alberta Man’s Robbery Convictions: Supreme Court of Canada
The Supreme Court of Canada says it tossed out an Alberta man’s robbery-related convictions because the verdicts were unreasonable and cannot be supported by the evidence. Shawn Metzger had been convicted of offences in relation to a home invasion burglary that took place in Morningside, Alta., in June 2017. A man was hit on the…
Supreme Court to Look at Issue of Crown Liability When a Law Is Struck Down
The Supreme Court of Canada will examine whether the Crown enjoys absolute immunity from a civil suit seeking damages over passage of a law that is found to be unconstitutional. The top court has agreed to hear the federal attorney general’s appeal in the case of a New Brunswick man who filed an action for…
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