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Articles on Canadian Charter of Rights and Freedoms

Displaying 21 - 39 of 39 articles

People and vehicles fill Wellington Street near Parliament Hill at the beginning of the so-called freedom convoy occupation of Ottawa in late January, 2022. THE CANADIAN PRESS/Justin Tang

What every Canadian should remember about the ‘freedom convoy’ crisis

Long-term assessments of the trucker convoy will depend less on questionable interpretations of individual freedom and more on whether the state’s fundamental obligations were seriously threatened.
People gather in Kingston, Ont., to protest COVID-19 vaccine mandates and masking measures on Nov. 14, 2021. THE CANADIAN PRESS/Lars Hagberg 

COVID-19 vaccine mandates would likely face legal hurdles in Canada

Can the government mandate vaccines? Canadians have rights to make decisions about vaccination, but these rights are not absolute, and do not mean those decisions will have no consequences.
Back to the drawing board? The Ontario government’s changes to third-party election spending laws could be amended to fairly balance people’s Charter rights with meeting legislative objectives. THE CANADIAN PRESS/Geoff Robins

How Ontario can rethink its election spending law to ensure fairness, equality

Provincial regulations have major implications for the freedom of expression exercised by individuals and organizations in Ontario in the months leading up to the June election.
Dr. Nili Kaplan-Myrth, an Ottawa family doctor who hosted several pop-up COVID-19 vaccination clinics, speaks in Ottawa in August 2021 during JabaPalooza, a rally calling on Ontario to adopt a provincial COVID-19 vaccine mandate. THE CANADIAN PRESS/Justin Tang

How regulatory agencies, not the courts, are imposing COVID-19 vaccine mandates

The decisions of medical health-care professionals like doctors and nurse practitioners are more legally significant than ever before since they are determining vaccination exemptions.
Ontario Premier Doug Ford walks to his office in June 2020 as legislators debated the government’s legislation that enabled it to invoke the notwithstanding clause. THE CANADIAN PRESS/Chris Young

Notwithstanding the notwithstanding clause, the Charter is everyone’s business

By paying greater attention to the originally intended application of the Canadian Constitution’s notwithstanding clause, along with the diversity of lawmakers in Canada, there’s a better path forward.
Prime Minister Justin Trudeau speaks as Ontario Premier Doug Ford listens at a groundbreaking event at a gold mine in 2020. THE CANADIAN PRESS/Nathan Denette

Doug Ford uses the notwithstanding clause for political benefit

Ontario has historically been the province in Confederation most concerned about buoying Ottawa and limiting its own relative power for the sake of national unity. Doug Ford puts that legacy at risk.
People take part in a demonstration in Montréal in November 2020 to protest against government funding for infrastructure projects at two English-language educational institutions and also calling on the city to set up a body to protect the French language. THE CANADIAN PRESS/Graham Hughes

New official languages plan aims to end the decline of French in Canada

The federal government’s ambitious new plan to modernize the 51-year-old Official Languages Act is the most significant proposal on the status of French in Canada since 1982.
An elderly woman looks out from Maison Herron, a long-term care home in the Montréal suburb of Dorval on April 12, 2020. Isolating people in facilities where they are at greater risk of contracting COVID-19 is a violation of their rights. THE CANADIAN PRESS/Graham Hughes

The coronavirus is costing us more than just our health and economy

Civil liberties violations look very different in pandemics. That’s why the Canadian Civil Liberties Association is looking into who has been detained and fined, and why, during the pandemic.
Prime Minister Justin Trudeau is seen with Québec Premier Francois Legault in December 2018 at the opening of a first ministers’ meeting. Legault has accused Trudeau of insulting Québecers because of the federal Court Challenges Program. THE CANADIAN PRESS/Paul Chiasson

Canadians are entitled to legal help to protect their Charter rights

Canada’s Charter of Rights and Freedoms doesn’t mean much if it can’t be enforced. That’s why the Court Challenges Program is so important — no matter what the Québec premier says.
The statue of Veritas (Truth) is pictured in front of the Supreme Court of Canada in Ottawa in May 2018. THE CANADIAN PRESS/Sean Kilpatrick

Supreme Court: Can a corporation be subjected to cruel and unusual punishment?

A Québec company is asking for a Charter right usually reserved for people. There could be unintended consequences if it wins its challenge to the Supreme Court of Canada.
Controversy erupted after a lecturer at the University of Alberta posted on Facebook in November that the Holomodor is a “myth.” Canada recognized the Holomodor — the death of millions of Ukrainians in 1932–33 due to Soviet policies — as an act of genocide in 2008. Here, the Holodomor Memorial, Kyiv, Ukraine. (Flickr/Matt Shalvatis)

Universities should stand up for integrity and public trust in university teaching

Those teaching in publicly funded universities should be held accountable for denying the public record, whether in their classrooms or beyond.
Honouring religious freedom and behaving faithfully in public not only protect the rights of individuals but also safeguard the integrity of democratic governments. Peter Hershey/Unsplash

A cautionary tale: The unintended consequences of Québec’s Bill 21

Respecting religious freedom not only protects the rights of individuals, it safeguards the integrity and accountability of democratic governments.
Students walk past a cross on campus at Trinity Western University in Langley, B.C., in February 2017. The school was at the centre of a court battle pitting equality rights against freedom of religion. THE CANADIAN PRESS/Darryl Dyck

The legal conflict between equality rights and freedom of religion

We must acknowledge that shifting historically vulnerable groups away from the margins means making room in spaces where these groups have not traditionally been welcomed.
Catholic pronouncements about LGBTQ people can be summarized as, “It’s OK to be gay - Just don’t act on it,” a position some Catholics reject. Shutterstock

Homophobia in the hallways: LGBTQ people at risk in Catholic schools

Using Catholic doctrine to fire LGBTQ teachers and discriminate against queer students in Catholic schools violates the Charter of Rights and Freedoms.
Canadian Union of Postal Workers (CUPW) members stand on picket line in Halifax in October 2018 after a call for a series of rotating 24-hour strikes. THE CANADIAN PRESS/Ted Pritchard

Back-to-work legislation may come back to haunt Justin Trudeau

Ordering Canada’s postal workers back on the job may hurt Justin Trudeau. CUPW could direct its anger directly at the Trudeau Liberals ahead of the 2019 federal election.

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