Browse "Law and Policy"
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Drybones Case
In R v. Drybones (1970), the Supreme Court of Canada ruled that a provision of the Indian Act was “inoperative” — meaning no longer valid or in effect — because it violated section 1(b) of the Canadian Bill of Rights, which guarantees equality before the law.
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Dupond Case
Dupond Case In a case testing the scope of provincial interest in the area of public order, the Supreme Court in 1978 ruled as valid a Montréal ordinance forbidding for 30 days any public assembly, parade or gathering, on the grounds that it was a matter, as in the Hodge Case, of local public order in the province, and therefore authorized by the Constitution Act, 1867 (s92). The legislative measures of the Dupond case were...
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Duty to Consult
The duty to consult is a statutory, contractual and common law obligation that must be fulfilled by the Crown prior to taking actions or making decisions that may have consequences for the rights of Indigenous peoples in Canada. The duty to consult has been affirmed and clarified by various Supreme Court of Canada rulings, such as the Haida case (2004) and the Beckman v. Little Salmon/Carmacks case (2010). The duty to consult is considered by many to be an important step toward reconciliation with Indigenous peoples.
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Eldridge Case
The Eldridge decision focused on federal spending power and on equality rights guaranteed in section 15 of the Charter.
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Elizabeth Wettlaufer Case
Elizabeth Wettlaufer is a former nurse who murdered eight elderly patients and attempted to harm six others in southwestern Ontario between 2007 and 2016. One of the most prolific serial killers in Canadian history, she was sentenced to life in prison for the murders in 2017. The case prompted widespread public outrage and made headlines internationally. It later resulted in lawsuits against Wettlaufer, and the nursing homes she worked for, and a sweeping provincial inquiry into flaws in Ontario’s long-term care system.
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Everett Klippert Case
Everett George Klippert was the only Canadian ever declared a dangerous sexual offender and sentenced to what amounted to life in prison, for no other reason than he was a gay man. Outrage over that sentence, which was upheld by the Supreme Court of Canada in 1967, led to the decriminalization of gay sex two years later. Klippert was released from prison in 1971. In 2016, Prime Minister Justin Trudeau indicated he would recommend a pardon for Klippert. The following year, the Trudeau government formally apologized and issued a compensation package to men who were charged, convicted and punished simply because they were gay.
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Examination for Discovery
Examination for Discovery is a legal proceeding, also known as examination on discovery, which enables a party to a civil action to examine another person orally and before trial.
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Macleans
Faint Hope: Background
This article was originally published in Maclean’s magazine on August 18, 1997. Partner content is not updated. Danny Homers calm, detached tone belies the fact that he is talking about the murder that put him behind bars for life. The prisoner, now 38, explains that he was a teenager living in Regina in January, 1977, when he killed Ira McDonald, a 23-year-old partner in crime.
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Canada Child Benefit (CCB)
A family or child allowance is a monthly government payment to families with children. The intent of the payment is to help cover the costs of child rearing. The Family Allowance, Canada's first universal welfare program, began in 1945. Benefits were awarded without regard to the family's income or assets, based on the idea that all children are worthy of public support. Since the 1980s, however, such payments have been increasingly targeted to low-income and middle-income families. The allowance was restructured and renamed the Canada Child Benefit (CCB) in 2016. Since then, the CCB has boosted Canada’s GDP by 2.1 per cent per year. This makes it one of the country’s most effective poverty-reduction programs. Along with the Canada Pension Plan and Employment Insurance, the CCB is one of the largest cash-transfer programs in the country. In the 2023–24 fiscal year, the CCB paid approximately $27 billion to Canadian households.
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Macleans
Father Admits to Drowning Kids
This article was originally published in Maclean’s magazine on March 29, 1999. Partner content is not updated. As soon as she heard the news, Katharina (Tina) Marlatt felt sick, and suspicious. It was the day of the drowning deaths of her former boyfriend Thomas Dewald's two children, Christopher, 12, and Jennifer, 10. They died on Aug.
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Finta Case
In its first decision relating to the Finta war crimes case (1993), the Supreme Court of Canada permitted 3 interested groups to intervene - the Human Rights League of B'nai B'rith Canada, the Canadian Jewish Congress and InterAmicus.
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Macleans
Fisher Charged in Milgaard Case
For Larry Fisher, being on the move was nothing new. Since his release from prison in 1994, the convicted serial rapist had been hounded out of Dawson Creek, B.C., Calgary and North Battleford, Sask. Last week, Saskatoon joined the list.This article was originally published in Maclean's Magazine on August 4, 1997
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Ford Case
In the Ford case (1988), the Supreme Court of Canada declared that sections 58 and 69 of the Charter of the French Language (Law 101), which required the exclusive use of French in commercial signs and the style of firm names, were incompatible with subsection 2(b) of the Canadian Charter of Rights and Freedoms and section 3 of the Québec Charter of Human Rights and Freedoms. Freedom of expression included the freedom to choose the...
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Fort Frances Case
In 1917, under the WAR MEASURES ACT, the government fixed the price and quantity of newsprint paper produced; subsequent legislation created the Paper Control Tribunal, which set retroactive prices through 1919, although wartime conditions had ceased.
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Généreux Case
In 1985, in the Valente case, the Supreme Court dealt for the first time with judicial independence. On the second occasion, it was with the MacKay case, which dealt with military justice.
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