Human Rights
Canada Summer Jobs: Attestation Sparks Debate Over Government Overreach
In December 2017, the Canadian government announced changes to its Canada Summer Jobs ("CSJ") program that sparked debate over the program's constitutionality. CSJ is a funding subsidy designed to provide students with summer work opportunities. Under the program's new changes, organizations applying for the funding—small businesses, non-profits, and other community organizations—were required to check a […]
BC Human Rights Tribunal v Schrenk: Employment Discrimination and Access to Justice
On December 15th 2017, the Supreme Court released its decision in British Columbia Human Rights Tribunal v Schrenk, 2017 SCC 62 [Schrenk], which deals with the question of whether discrimination “regarding employment” can ever be perpetrated by someone other than the complainant’s employer or superior in the workplace. The following post will discuss the case […]
Mandatory Minimum Sentence for Drug Offences Struck Down by BC Provincial Court: R v Lloyd
After finding the mandatory minimum sentence for drug possession for the purpose of trafficking (contrary to s. 5(2) of the Controlled Drugs and Substances Act, SC 1996, c 19 [CDSA]) violated s. 12 of the Charter (R v Lloyd, 2014 BCPC 8 (CanLII) [Lloyd]) in January 2014, Galati J. of the Provincial Court of British Columbia has […]
BULLETIN: B.C. Court of Appeal’s decision in Carter v. Canada to be released today
On June 15, 2012, Justice Smith of the British Columbia Supreme Court effectively created an exception to the Criminal Code to allow for physician-assisted suicide. The trial judgement Carter v. Canada (Attorney General) was discussed briefly in a previous post on The Court. Justice Smith gave Parliament a year to amend the laws surrounding assisted suicide, and the Government of Canada appealed […]
Kiobel v. Royal Dutch Petroleum Co.: To Expand or Limit Corporate Personality, the Alien Tort Statute and Extraterritorial Jurisdiction
At the moment, attention is focused on the United States Supreme Court’s (SCOTUS) controversial oral hearings on the Patient Protection and Affordable Care Act cases. However, arguments for a more important case for international lawyers took place on 28 February 2012. On that date, SCOTUS Justices heard arguments in Kiobel v Royal Dutch Petroleum, 621 F.3d […]
Public Interest Standing Before the Supreme Courts of Israel and Canada: Are our Canadian courts accessible enough?
While similar in many ways, the Canadian and Israeli legal systems are quite distinct. A striking divergence can be observed by comparing the Israeli and Canadian Supreme Courts’ approach to public interest standing. Through an access to justice perspective, this post shall first explain the Israeli model, then provide an overview of the Canadian model, […]