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Posts tagged Constitutional Law.

In the realm of Canadian human rights law, few topics have generated as much discussion and controversy in recent years as the “hate law” provisions found in many human rights statutes.  These provisions typically prohibit the publication of statements that have or are likely to have the effect of exposing a person or class of persons to ridicule and hatred.

Defenders of ...

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On September 21, 2012, the Supreme Court of Canada rendered its decision in Canada (Attorney General) v. Downtown Eastside Sex Workers United Against Violence Society, 2012 SCC 45 in which it found that the Respondent society (the “Society”) and one individual have standing to pursue a constitutional challenge to the Criminal Code provisions dealing with ...

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On June 15, 2012, Madam Justice Lynn Smith of the British Columbia Supreme Court released her much anticipated reasons for judgment in Carter v. Canada (Attorney General), 2012 BCSC 886 in which she found that certain provisions of the Canadian Criminal Code that prohibit physician-assisted suicide are constitutionally of no force and effect in certain circumstances.

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Posted in Commercial

On December 22, 2011, the Supreme Court of Canada released its decision in Reference Re: Securities Act, 2011 SCC 66.  As noted in a previous post, the Reference involved a show down between the federal government and various provincial governments over the question of whether the legislation creating a proposed new national securities regulator is constitutionally ...

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Posted in Public Law

On November 23, 2011, Chief Justice Robert Bauman of the British Columbia Supreme Court issued his much anticipated Reasons for Judgment in Reference re Section 293 of the Criminal Code of Canada, 2011 BCSC 1588, the constitutional reference concerning the validity of Canada’s anti-polygamy law.  Chief Justice Bauman found that the law is consistent with the Canadian ...

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Posted in Commercial

On April 13–14, 2011, the Supreme Court of Canada will hear a reference involving a show down between the federal government and various provincial governments over the question of whether the proposed new national securities regulator is constitutionally valid.

Currently, the securities industry in Canada is primarily regulated through provincial securities ...

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Posted in Public Law

One of the most highly anticipated cases in British Columbia, and likely the country as a whole, is moving towards a hearing in late November 2010.  In Reference Re: Criminal Code s. 293 the BC Supreme Court is being asked to determine the constitutional validity of the criminal prohibition against polygamy.

The reference case was initiated in October 2009 by the provincial ...

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