Judgement published October 16, 2020 Background Three retired members of the RCMP participated in a job-sharing program that allowed members to split the duties and responsibilities of one full-time position. Almost everyone who enrolled in the job-sharing program were women with children, as was the case with these three. They expected that job-sharing would enableContinue reading “Fraser v Canada (Attorney General), 2020 SCC 28”
Category Archives: Constitutional Law
Canadian Doctors for Refugee Care v Canada (Attorney General)
Citation: 2014 FC 651 Judgement released July 4, 2014 Background In 1995 the federal government created the Interim Federal Health Program (IFHP), which provided public health care to all refugees and asylum seekers in Canada. Gradually, it also covered other similar migrants such as victims of human trafficking and people in immigration detention. The IFHPContinue reading “Canadian Doctors for Refugee Care v Canada (Attorney General)”
CCLA v Attorney General of Ontario, 2020 ONSC 4838
DISCLAIMER: The author was employed at the CCLA as an articling student during some of the events of this case. Decision released Friday September 4, 2020. Key Takeaways Partisan political messaging is not a valid form of compelled speech, and will run afoul of freedom of expression under s. 2(b) of the Charter. Promoting aContinue reading “CCLA v Attorney General of Ontario, 2020 ONSC 4838”
Flashback: Eldridge v BC (Attorney General) [1997] 3 SCR 624
Introduction: In this flashback case, we look at three important topics: to whom does the Canadian Charter of Rights and Freedoms apply, what does “equal benefits” mean for disabled people under section 15(1) of the Charter, and briefly at what we mean by “minimal impairment” under the section 1 justification framework. This case was releasedContinue reading “Flashback: Eldridge v BC (Attorney General) [1997] 3 SCR 624”
July 17: Reference re Genetic Non-Discrimination Act
Note: This case has three written decisions. Click here for an explanation of majority, concurring and dissenting reasons. Background In 2017 Parliament enacted the Genetic Non-Discrimination Act (the Act). Section 2 of the Act defines a genetic test as “a test that analyzes DNA, RNA or chromosomes for purposes such as the prediction of diseaseContinue reading “July 17: Reference re Genetic Non-Discrimination Act”
Weinstein Law Blog 