PDF version: A Charter Right to Search Google
Decision considered: R v McKay, 2013 ABPC 13.
The Internet has transformed society in so many ways. Even the ways we find information and the sources we rely upon have been fundamentally transformed. It appears our legal systems need to adapt to this new reality.
PDF version: Domestic Violence and Duress: In Search of a Contextual Approach
Case commented on: R v Ryan, 2013 SCC 3.
On Friday January 18, the Supreme Court released its decision in R v Ryan. In a decision written by Justices LeBel and Cromwell, the Court held that Nicole Doucet (formerly Ryan) could not avail herself of the defence of duress in circumstances where she attempted to hire someone to kill her abusive husband. This ruling followed Ms Doucet’s acquittal for counselling murder at trial, which was upheld by the Nova Scotia Court of Appeal. Although the Supreme Court paid some attention to Ms Doucet’s circumstances by ultimately staying the proceedings against her (with Fish, J dissenting on this point), its analysis of the defence of duress was sorely lacking in context.
PDF version: Random Drug and Alcohol Testing Policy Implicates Safety, Privacy, Human Rights and Civil Liberties
Case commented on: Communications, Energy and Paperworkers Union, Local 707 v Suncor Energy Inc. 2012 ABCA 307 (“CA”)
The issue of random drug and alcohol testing in the workplace has now reached national importance. The Supreme Court of Canada recently granted leave to appeal in such a case. See: Communication, Energy and Paperworkers Union of Canada, Local 30, v Irving Pulp & Paper Ltd., 2011 NBCA, leave to appeal to Supreme Court of Canada (“SCC”) granted: 2012 CanLII 14844 (SCC), (“Irving”). It is likely the SCC will hear this case in December 2012 (Jeff Gray, “Supreme Court to rule on random alcohol testing” The Globe and Mail 08 May 2012). Alberta has a keen interest in the outcome of this case as it has its own pending cases.
PDF version: Leave to appeal granted in right to public transit case
Case commented on: R v S.A., 2012 ABCA 323
The S.A. case, which concerns the right to use public transit and the constitutionality of trespass legislation as applied to public property, has been the subject of two previous judicial decisions (here and here) and two previous ABlawg posts (here and here). On November 7, 2012, Madam Justice Myra Bielby of the Alberta Court of Appeal granted S.A. to leave to appeal the Court of Queen’s Bench decision that overturned the trial decision finding a Charter violation in her favour. Continue reading
PDF version: Some Much Needed R&R: Revisiting and Relaxing the Test for Public Interest Standing in Canada
Case Considered: Canada (Attorney General) v Downtown Eastside Sex Workers Against Violence Society, 2012 SCC 45
On September 21, 2012, the Supreme Court of Canada revisited the doctrine of public interest standing in Canada (Attorney General) v Downtown Eastside Sex Workers Against Violence Society, affirming the decision of the British Columbia Court of Appeal to grant the Downtown Eastside Sex Workers Against Violence Society (the Society) public interest standing to challenge the prostitution provisions of the Criminal Code (ss 210 to 213). We comment on this Supreme Court decision for its potential to revise how the doctrine of public interest standing is applied by Alberta courts going forward.
