Canadian Appeals Monitor Information and Commentary on Upcoming and Recent Appeal Court Decisions

Category Archives: Charter of Rights

Subscribe to Charter of Rights RSS Feed

US Supreme Court Clarifies Law on Warrantless Cell Phone Searches. Will the Supreme Court of Canada Follow?

Posted in Case Comments, Charter of Rights, Criminal

Lower courts in both Canada and the US have been deeply divided on the application of their respective Supreme Courts’ precedents on whether the police need a warrant to search the contents of a smart/cell phone seized during a lawful arrest.  On June 25, 2014, the US Supreme Court unanimously settled US law in Riley… → Read More

“The digital and Internet age meets the law of search and seizure” as the SCC clarifies the law on search warrants and computers in R v. Vu

Posted in Case Comments, Charter of Rights, Constitutional, Criminal

Overview The Supreme Court of Canada recently released a unanimous judgment in R. v. Vu, 2013 SCC 60, in which it ruled that authorities must obtain specific authorization in a search warrant in order to search computers located on premises covered by the warrant. In this case, the police collected incriminating evidence against Mr. Thanh… → Read More

Vancouver Student Protesters “Stripped” of Class Proceeding

Posted in Case Comments, Charter of Rights, Class Actions

The British Columbia Court of Appeal recently upheld the denial of certification of a proposed class action involving routine strip searches at a Vancouver city jail. Thorburn v. British Columbia (Public Safety and Solicitor General) illustrates the difficulty of certification in cases that require an individual inquiry into the facts and circumstances unique to each… → Read More

Freedom of Expression Trumps Privacy Rights as the SCC brings the Charter hammer down on Alberta’s privacy statute

Posted in Case Comments, Charter of Rights, Labour and Employment

Overview In Alberta (Information and Privacy Commissioner) v. United Food and Commercial Workers, Local 401 [“United Food”], the Supreme Court of Canada has unanimously decided that Alberta’s Personal Information Protection Act [“PIPA”] unjustifiably limits a union’s right to freedom of expression in the context of a lawful strike. The judgment, delivered by Cromwell and Abella… → Read More

What will Justice Nadon’s appointment bring to the Supreme Court?

Posted in Aboriginal, Administrative, Charter of Rights, Class Actions, Competition, Intellectual Property, Tax

Background Earlier this week, the Prime Minister surprised many Supreme Court-watchers by nominating the Honourable Marc Nadon to replace Justice Fish at the Supreme Court of Canada. Given this recent appointment, the Canadian Appeals Monitor has taken a look at Nadon J.’s jurisprudential legacy to date and identified key cases which illustrate his judicial leanings, especially… → Read More

Close, But Not Too Close to Call: Ted Opitz’s Narrow Victories in the Federal Election and the Supreme Court

Posted in Case Comments, Charter of Rights, Constitutional

Introduction On May 2, 2011, Canadians voted in the 41st federal election. Voters in the riding of Etobicoke Centre elected Ted Opitz to represent them in Parliament. The race was hotly contested. So too was the result. A judicial recount showed that Mr. Opitz won by a plurality of just 26 votes. Boris Wrzesnewskyj, the… → Read More

BCCA Asked to Review Advance Costs Made Against Private Litigants in Charter Litigation

Posted in Case Comments, Charter of Rights, Communications, Constitutional, Procedure

In Dish Network L.L.C. v. Rex, the Supreme Court of British Columbia took the rare step of ordering advance costs in a constitutional challenge. More surprisingly, the court ordered three private litigants to pay 50% of those costs. This case is now headed to the Court of Appeal for British Columbia. Mr. Rex sold satellite… → Read More