Photo: flickr/thorney torkelson

In Carter v Canada (Attorney General), the Supreme Court of Canada (SCC) ruled that Criminal Code sections 241 and 14 deprived adults of their right to life, liberty and security of the person under s. 7 of the Charter. Sections 241 and 14 prohibited physician-assisted dying for competent adults who sought such assistance as a result of a grievous and irremediable medical condition that caused enduring and intolerable suffering. The SCC did not need to rule on whether the Criminal Code provisions violated Charter s. 15(1).

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Photo: flickr/Christoph Scholz

By Myrna El Fakhry Tuttle

Reposted from LawNow 44(2)

Citizens of the European Union (EU) are allowed to live and work, without special formalities, in the European Economic Area (EEA). The EEA includes the EU’s 28 Member States as well as Switzerland and three non-EU countries – Iceland, Liechtenstein and Norway. This is what we call “free movement of persons”.

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Photo: flickr/george tan

By Myrna El Fakhry Tuttle

Reposted from ABlawg with permission.

Case Commented On: Edmonton (Police Service) v Alberta (Information and Privacy Commissioner), 2019 ABQB 587 (CanLII)

This case comes shortly after our Centre (Alberta Civil Liberties Research Centre (ACLRC)) published a report entitled Collection, Storage and Disclosure of Personal Information by the Police: Recommendations for National Standards (ACLRC Report) which tackled similar issues to those decided upon by the Court of Queen’s Bench.

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Photo: flickr/Kim Siever

By Linda Mckay-Panos

Reposted from ABlawg with permission.

Case Commented On: Yashcheshen v University of Saskatchewan, 2019 SKCA 67 (Can LII)

The issue of whether a university is subject to the application of the Charter has arisen in a number of cases, some of which appear to conflict. See: BCCA Unfortunately Chooses Not to Follow Alberta’s Lead on the Issue of Whether the Charter Applies To Universities.

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Photo: flickr/blickity black

By Linda McKay-Panos

Reposted from 44(1) LawNow with permission.

Gay-straight alliances (GSAs) are groups formed in schools and run by students with teacher support or sponsorship. The purpose of a GSA is to create welcoming, caring, respectful and safe spaces for LGBTQ2S+ (Lesbian, Gay, Bisexual, Transgender, Queer or Questioning, Two-Spirit, Intersex, Pansexual, Asexual, Androgynous) students and their allies.

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Photo: flickr/John Saeyong Ra

By Myrna El Fakhry Tuttle

Reposted from 44(1) LawNow with permission.

Canada has two official languages: French and English. We always wonder why.

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Photo: flickr/The Library of Congress

By Linda McKay-Panos

Reposted from 44(1) LawNow with permission.

A worker experiencing discrimination must choose the legal avenue that will give them the result they want. For example, if pursuing the matter in court, the worker will have to start a contract claim (e.g., wrongful dismissal) or tort claim. One cannot sue in tort for discrimination, but one can sue in tort for the intentional infliction of mental suffering.

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Photo: flickr/B Dungeon

By Myrna El Fakhry Tuttle

Reposted from 43(6) LawNow with permission.

The right to express our opinions is a crucial element of a democracy. Freedom of expression is a basic characteristic of personal development. It gives us the right to dissent and the right to be heard. We can make our own choices about our basic beliefs by being exposed to different thoughts and opinions (see: Fundamental Freedoms: Freedom of Expression). Freedom of expression has been recognized as essential in international and national laws.

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