Constitutional
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December 05, 2023
Inquiry into foreign interference with federal elections gives standing to 22 groups, individuals
Justice Marie-Josée Hogue, the Quebec Court of Appeal judge who heads the commission of inquiry into foreign interference in federal electoral processes and democratic institutions, has green-lit 22 groups and individuals to participate as parties or interveners in the public inquiry, disclosing she also expects to issue a decision soon on requests for funding for lawyers applied for by some of those who were granted standing.
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December 04, 2023
Sufficient evidentiary record ‘not a mere technicality,’ Appeal Court says in teacher testing case
Ontario’s top court has ruled that math proficiency tests (MPTs) which teacher candidates in the province are required to complete do not violate equality protections under the Charter, overturning a lower court decision which said the tests had an adverse impact on racialized candidates entering the teaching profession.
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November 29, 2023
Alberta government’s use of sovereignty law ‘a fair bit of sound and fury,’ law prof says
Alberta has for the first time invoked its controversial sovereignty legislation as it continues its fight with the federal government over draft electricity regulations, and legal experts say the effect of that move remains to be seen — but a legal battle over the constitutionality of the regulations could be on the horizon.
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November 21, 2023
B.C. city challenging constitutionality of recent amendments to policing legislation
The City of Surrey has expanded its fight against the British Columbia government over law enforcement in the municipality by challenging the constitutionality of recent amendments to the province’s police legislation.
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November 17, 2023
B.C. fixed election date law ‘establishes a presumptive, but not absolute’ date, Appeal Court says
B.C.’s top court has ruled that a statute establishing fixed election dates in the province does not limit the lieutenant-governor’s power to dissolve the legislature, or fetter the premier’s power to recommend a dissolution.
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November 07, 2023
Nova Scotia Crowns hope that working with government will fix prosecutor shortage
A group representing Crowns in Nova Scotia is hoping that working with the provincial government will address a staff shortage it says could lead to burned-out prosecutors making mistakes in criminal cases — and someone possibly being harmed or “losing their life” as a result.
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November 06, 2023
Female-majority Supreme Court of Canada in place with Trudeau’s appointment of Justice Moreau
Prime Minister Justin Trudeau has announced the historic appointment of Justice Mary Moreau of Alberta to the Supreme Court of Canada, marking the first time the top court has had a five-judge majority of female members since the court’s inception in 1875.
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November 03, 2023
Supreme Court finds mandatory minimums for child luring unconstitutional
The Supreme Court of Canada has ruled that the mandatory minimum sentences set out for child luring are unconstitutional, as those punishments would be unfairly disproportionate in some cases. On Nov. 3, the high court released its decision in R. v. Bertrand Marchand, 2023 SCC 26, which details its landmark findings through the unrelated, Quebec-based cases of Maxime Bertrand Marchand and an offender identified only as H.V. — both of whom were convicted of child luring.
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November 02, 2023
Federal Court dismisses six applications related to usage of over 1,500 types of guns
The Federal Court has dismissed six applications for judicial review concerning the banning of over 1,500 types of firearms as of 2020 as they were categorized as being not reasonable for hunting or sport. It was found that Regulations brought forth by the governor-in-council were not ultra vires.
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October 31, 2023
Ontario court issues new directives to reduce delay in criminal proceedings
Ontario’s Court of Justice is issuing new practice directives in a bid to reduce delay and “unnecessary administrative appearances” in criminal proceedings.