Category Archives: Constitutional

Medical Marihuana Suppliers and the Charter

Posted on January 20, 2009 by Jennifer Koshan

Cases Considered: R. v. Krieger, 2008 ABCA 394 PDF Version:  Medical Marihuana Suppliers and the Charter There have been several cases before the courts raising issues concerning the right to access medical marihuana as a defence to criminal charges under … Continue reading →

Posted in Constitutional, Criminal | 1 Comment

An Important Development in the Kelly Appeal

Posted on December 28, 2008 by Nickie Nikolaou

Cases Considered: Kelly v. Alberta (Energy and Utilities Board), 2008 ABCA 410 PDF Version:  An Important Development in the Kelly Appeal Last March I posted a blog about a Court of Appeal decision which granted a group of landowners (Kelly … Continue reading →

Posted in Constitutional, Natural Resources | 2 Comments

Recent Developments in the Black Bear Crossing Dispute

Posted on November 17, 2008 by Jennifer Koshan

Cases considered: Tsuu T’ina Nation v. Bearchief, 2008 CanLII 55966 (S.C.C.)   PDF Version:  Recent Developments in the Black Bear Crossing Dispute As noted in my previous post on Tsuu T’ina Nation v. Bearchief, the Tsuu T’ina Nation was effectively … Continue reading →

Posted in Aboriginal, Constitutional, Human Rights, Supreme Court of Canada | 1 Comment

The Constitutionality of Calgary’s Parks and Pathways Bylaw for Homeless Persons

Posted on November 5, 2008 by Jennifer Koshan

Cases Considered: Victoria (City) v. Adams, 2008 BCSC 1363 PDF Version: The Constitutionality of Calgary’s Parks and Pathways Bylaw for Homeless Persons The recent decision of the B.C. Supreme Court finding municipal bylaws unconstitutional for prohibiting certain practices associated with homelessness … Continue reading →

Posted in Constitutional | 5 Comments

Crown Discretion and the Power to Stay Proceedings

Posted on November 5, 2008 by Jennifer Koshan

Cases Considered: R. v. Powder, 2008 ABQB 579; R. v. Powder, 2008 ABCA 568 PDF Version:  Crown Discretion and the Power to Stay Proceedings In what circumstances can Crown prosecutors stay proceedings with impunity? This was the issue in a … Continue reading →

Posted in Constitutional, Criminal | Comments Off on Crown Discretion and the Power to Stay Proceedings