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Article | Chris Younker | March 12, 2009
“1984” in 2009: R. v. Wilson

Category: The Charter, Legal Rights (Sections 7-14)

In the recent case of R. v. Wilson, the Ontario Superior Court of Justice held that a person’s account information linked to an internet provider’s address (IP address) was not subject […]

Article | Nathaniel Gartke | June 14, 2018
“Free the Beer” case falls flat at Supreme Court

Category: Federalism

On March 19th, 2018, the Supreme Court of Canada released its decision in R v Comeau[1]—known popularly as the “Free the Beer” case. (A summary of the facts and issues […]

Article | Ken Dickerson | January 23, 2010
“Gag Order” Silences Wheat Board, as Supreme Court Declines to Consider the Reach of the Charter

Category: The Charter, Fundamental Freedoms (Section 2)

On January 21, 2009, the Supreme Court of Canada chose not to hear the Canadian Wheat Board’s (CWB) appeal of a decision on the constitutionality of a “gag order” from […]

Article | Russell Green | June 6, 2019
“Inherent Tension”: Is it Time to Separate the Minister of Justice from the Attorney General?

Category: Democratic Governance

During the SNC-Lavalin scandal, former Minister of Justice [MOJ] and Attorney General [AG] Jody Wilson-Raybould stated that there were attempts by the Prime Minister’s Office and other government officials to […]

Article | Jim Young | May 12, 2009
“Kafkaesque” Adelrazik Saga Raises Mobility Rights Question

Category: The Charter, Mobility Rights (Section 6)

Does the Government of Canada have a constitutional obligation to make good faith efforts to repatriate citizens stranded abroad? Section 6(1) of the Charter of Rights and Freedoms reads, “Every citizen of […]

Article | CCS Administrator | October 19, 2018
“Purging” Facebook of Threats and Hate Speech: Is this Constitutional?

Category: The Charter, Fundamental Freedoms (Section 2)

Introduction Two women in Manitoba have been charged with uttering threats and public incitement of hatred for their Facebook comments, posted in response to the vandalism of one woman’s car.[1] The […]

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