Browse "Law and Policy"

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Article

Murdoch Case

The Murdoch Case was a Supreme Court of Canada case (1975) involving matrimonial property law. Historically, wives could only own property by having it placed in their names or by providing all or part of its purchase price.

Article

Oakes Case

Oakes Case 1986, in which David E. Oakes was accused of possession of drugs for the purpose of trafficking.

Macleans

Olson's Faint Hope

If there is a benchmark for evil, in the minds of many Canadians it is Clifford Robert Olson. During the last 40 of his 57 years, Olson has been outside the walls of a prison for barely 48 months. But in that short time, he caused incalculable pain, suffering and injury.

Article

Omar Khadr Case

Omar Khadr is a Toronto-born Canadian, captured by American soldiers after a firefight in Afghanistan in 2002, when he was 15 years old. The only minor since the Second World War to be convicted of purported war crimes, Khadr was imprisoned in Guantanamo Bay and Canada for almost 13 years in total. In 2010, the Supreme Court of Canada ruled that Khadr’s detainment violated “the principles of fundamental justice” and “the most basic Canadian standards about the treatment of youth suspects.” Despite repeated attempts by the Canadian government to keep him in prison, Khadr was released on bail in May 2015. In July 2017, he received $10.5 million in compensation from the government for Canada’s role in violating his constitutional rights. In March 2019, an Alberta judge declared that Khadr had completed his war crimes sentence, making him a free man.

Article

Pamajewon Case

The Pamajewon case (1996) (also known as R. v. Pamajewon) was the first case in which First Nations in Canada argued an inherent right to self-government before the Supreme Court. Spearheaded by two Anishinaabe First Nations, Eagle Lake and Shawanaga, the claimants argued that the Indigenous right to self-government included a right to control gambling practices on reserves. The Supreme Court ruled that these First Nations did not have rights to high-stakes gaming under self-government.

Macleans

Parrott's Killer Convicted

The porch at Peter and Lesley Parrott's farm northwest of Toronto overlooks rolling hills, a lawn of scattered daffodils and a heart-shaped flower bed adorned by a weeping crab-apple tree. The tree was planted on Sept. 28, 1995 - what would have been their daughter Alison's 21st birthday.

Article

Patriation Reference

The Patriation Reference, formally known as Re: Resolution to Amend the Constitution, was a reference case of the Supreme Court of Canada. On 28 September 1981, the court decided that it was legal for the federal government to patriateand amend Canada’s Constitution without the consent of the provincial governments. But it also found that to do so in areas that affect provincial powers would be a breach of constitutional convention. The court’s decision concluded that such conventions are of great significance. In the words of the court, “Constitutional convention plus constitutional law equal the total constitution of the country.”

Article

Persons Case

The Persons Case (officially Edwards v. A.G. of Canada) was a constitutional ruling that established the right of women to be appointed to the Senate.