Charter Cases: Section 2: Fundamental Freedoms
Saskatchewan (Human Rights Commission) v. Whatcott, 2013 SCC 11
The Whatcott case was brought to the Supreme Court of Canada on appeal from the Saskatchewan Court of Appeal, which had found that a number of pamphlets critical of homosexual behaviour did not meet the test for “hate speech” under Saskatchewan’s Human Rights Code. Continue reading
R. v. N.S., 2012 SCC 72
Two accused persons stood charged with sexually assaulting N.S. When called to testify, N.S. stated that she wished to wear a niqab which covered her face, and which she insisted was a necessary part of her Muslim faith. Continue reading
R. v. Khawaja, 2012 SCC 69
In R. v. Khawaja, a companion case heard alongside Sriskandarajah v. United States of America, the Supreme Court of Canada considered the constitutional argument of convicted terrorist conspirator, Mohammad Momin Khawaja. Continue reading
Association of Justice Counsel v. Canada (Attorney General), 2012 ONCA 530
This appeal stemmed from a labour dispute between Canada’s Department of Justice and its lawyers (the Association of Justice Counsel), who argued that the federal government’s Expenditure Restraint Act prevented them from exercised their right to collective bargaining, thereby infringing their right to freedom of association under Section 2(d) of the Charter of Rights and Freedoms. Continue reading
Filed under Section 2(d): Freedom of Association
Pridgen v. University of Calgary, 2012 ABCA 139
In the Pridgen case, the Alberta Court of Appeal upheld a Court of Queen’s Bench ruling, which held that the right to freedom of expression under Section 2(b) of the Charter applies to students on university campuses. Continue reading
Crookes v. Newton, 2011 SCC 47
In the landmark case of Crooks v. Newton, the Supreme Court of Canada clarified the law of defamation in the context of the internet, stating that merely linking to defamatory content on another web page does not constitute “publication,” and therefore is not defamatory in and of itself. Continue reading
Ontario (Attorney General) v. Fraser, 2011 SCC 20
In Ontario (Attorney General) v. Fraser, the Supreme Court of Canada considered the extent to which collective bargaining rights are covered by the guarantee of freedom of association, and ultimately struck down an Ontario Court of Appeal decision on the matter as being too broad. Continue reading
R. v. Zundel, [1992] 2 S.C.R. 731
In R. v. Zundel, the Supreme Court of Canada examined the constitutionality of Section 181 of the Criminal Code, the so-called “false news law,” which was initially designed to protect the reputations of politicians, but in this case was used against a Toronto-based publisher who prolifically and unrelentingly published material questioning the historically-accepted account of the Holocaust in Germany during World War II. Continue reading
R. v. Butler, [1992] 1 S.C.R. 452
The Appellant, Butler, had been convicted of possession and distribution of “obscenity,” for material sold at his Winnipeg, Manitoba retail outlet, Avenue Video Boutique. The task of the Supreme Court of Canada in considering Mr. Butler’s appeal was to make a determination as to the constitutionality of Section 163 of the Criminal Code, Canada’s obscenity law, and further to interpret Section 163 to determine what types of material fall under the umbrella of “obscenity.” Continue reading
R. v. Keegstra, [1990] 3 SCR 697
James Keegstra, a schoolteacher, was charged with the willful promotion of hatred under Section 319(2) of the Criminal Code, for allegedly anti-Semitic statements made during class. Mr. Keegstra successfully challenged the Criminal Code section in the Alberta Court of Appeal, which held that it was an infringement on freedom of expression, as protected by Section 2(b) of the Charter of Rights and Freedoms. Continue reading