Section 15
“Unsolicited, unnecessary, and contrary to stare decisis“: Dissent Criticizes SCC’s Majority Opinion in R. v. Sharma
In R v Sharma, 2022 SCC 29 [“Sharma”], the Supreme Court of Canada [“SCC”/”the Court"] upheld the constitutionality of provisions that restricted the availability of conditional sentences. This decision marks a break from the SCC’s recent trend of overturning amendments to the Criminal Code, RSC 1985, c C-46 [“Code”] made during the Harper era. Conditional […]
R. v. C.P.: s. 37(10) of the Youth Criminal Justice Act Deemed Constitutional
On May 7, 2021, the Supreme Court of Canada (“SCC” or "the Court”) released the decision of R. v. C.P., 2021 SCC 19 [C.P.]. In the decision of C.P., the Court was tasked with ruling on the constitutionality of s. 37(10) of the Youth Criminal Justice Act, S.C. 2002, c.1 [YCJA]. Facts of the Case […]
Ontario Appeals Court Ruling Against Mandatory Math Tests For Teachers
Ontario Teacher Candidates’ Council v The Queen, 2021 ONSC 7386 [Ontario Teachers] has made headlines as Premier Doug Ford’s provincial government continues their education reform plan—this time, to the detriment of teacher aspirants.
Against Unfounding: Sexual Assault Investigation & A Proposed Class Action Against Police
This post discusses the constitutional challenge recently brought by sexual assault complainant Ava Williams against the London, ON Police Services (“LPS”). The applicant alleges that the police force engaged in gender-based discrimination contrary to Charter section 15 for relying on stereotypes about gender and sexual assault complainants while investigating her case, resulting in her claim […]
Defining the Homeless’s Shelter Rights in Public Spaces: Abbotsford v Shantz
The Supreme Court of British Columbia (“BCSC”) recently released the long-awaited ruling in Abbotsford v Shantz, 2015 BCSC 1909 [Abbotsford]. Abbotsford heard both the action by the City of Abbotsford (“the City”) and the action by BC/Yukon Association of Drug War Survivors (“DWS”). The City sought a permanent injunction against the erection of shelters in […]
A Web of Instinct: Kahkewistahaw First Nation v Taypotat
Kahkewistahaw First Nation v Taypotat, 2015 SCC 30, is the Supreme Court of Canada’s ("SCC") most recent decision on equality. Coming in at a brief 35 paragraphs, this decision does not alter the law of section 15 of the Charter in any substantial way. Using the test laid out in Quebec v A, [2013] 1 SCR 61, Justice Abella […]