Category Archives: Constitutional

University Campus is not Charter-Free

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Case considered: R v Whatcott, 2012 ABQB 231

 Yet another case has arisen that raises the issues of whether and when the Charter might apply on a university campus. William Whatcott (Whatcott), an anti-abortion and anti-gay activist, is not merely before the Supreme Court of Canada for a human rights matter involving anti-gay leaflets (see: Appeal heard on October 12, 2011); he has also engaged the Alberta courts and the University of Calgary. In 2005, Whatcott was prohibited from campus under the Alberta Trespass to Premises Act, RSA 2000, c T-7 (TPA). On July 25, 2008, Whatcott was arrested by campus security for trespassing, when he was posting anti-gay literature on campus. Calgary Police then charged Whatcott with an offence under the TPA. After a trial, the Provincial Court of Alberta decided that Whatcott’s Charter right to freedom of expression (under section 2(b)) had been violated. The Trial Judge (Judge Bascom) then stayed the proceedings (see 2011 ABPC 336). The Crown appealed that decision to the Alberta Court of Queen’s Bench.

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In forma pauperis: A Constitutional Right to Access to Justice

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Case commented on: Toronto Dominion Bank v. Beaton, 2012 ABQB 125

Access to justice is a hot topic: it is the stuff of judicial speeches; test case litigation; law society initiatives; and the list goes on. In Toronto Dominion Bank v Beaton, 2012 ABQB 125, which dealt with the seemingly routine issue of whether the court could order a fee waiver for transcripts for a leave to appeal application, Justice Joanne Veit of the Alberta Court of Queen’s Bench held that there is a constitutional right to access to justice, but that it was not breached in the circumstances of the case.

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Decapitating the Fisheries Act by removing the HADD: A Critique of the Rationale

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Decision considered: Federal government proposal to remove habitat protection from the Fisheries Act.

The federal government of Canada proposes to remove the habitat protection provisions of the Fisheries Act RSC 2000, c F-14, s 35. Countless Canadians have vigorously spoken out against this proposal because removing these provisions would be a critical and fundamental change not only to federal legislative approach, but also to the management, protection, and well-being of fisheries in Canada. Continue reading →

The Equality Effect: Recognizing 160 Girls on International Women’s Day

March 8 is International Women’s Day, and Calgary law firm Burnet, Duckworth & Palmer marked the occasion with a luncheon highlighting the work of the Equality Effect. The Equality Effect – or E2 – is an international network of human rights advocates (including community members, artists, musicians, film makers, health care workers, journalists, lawyers, academics, students, judges and Parliamentarians), primarily from Canada, Ghana, Kenya and Malawi, who are working to improve the lives of women and girls using human rights law. Fiona Sampson, E2’s Executive Director, spoke at the luncheon about the 160 Girls Project, a legal initiative aimed at forcing Kenyan authorities to protect girls in Kenya from sexual violence. I am part of the vast volunteer legal team that is working on this project, which includes students from across the country, as well as lawyers and activists from the Equality Effect’s partner countries. Also attending the luncheon were U of C law students Gabrielle Motuz, Amanda Winters, and Meghan Tonner, all of whom have done volunteer research for the Equality Effect (along with many more student volunteers from U of C who could not attend or who have graduated).

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I Fought the Law: Civil Disobedience and the Law in Canada

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Cases commented on: Calgary (City) v Bullock (Occupy Calgary), 2011 ABQB 764;
Batty v City of Toronto, 2011 ONSC 6862; R v SA, 2011 ABPC 269; R v Charlebois, 2011 ABPC 238, etc.

On February 1, 2012, I participated in a public forum entitled “Civil Disobedience: Concept, Law and Practice” organized by the Sheldon Chumir Foundation for Ethics in Leadership. This post is an elaboration of my remarks at the forum on how civil disobedience is handled under Canadian law. I will review some recent cases on civil disobedience, including the Occupy litigation, to examine issues such as whether civil disobedience may be protected under the Charter, and if not, what sorts of sanctions protestors might expect to face.

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