Browse "Law and Policy"

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Article

Oakes Case (R v. Oakes)

In R v. Oakes (1986), David E. Oakes was accused of possession of drugs for the purpose of trafficking. The Supreme Court of Canada concluded that section 8 of the Narcotic Control Act runs counter to the presumption of innocence enshrined in section 11(d) of the Canadian Charter of Rights and Freedoms. Section 8 states that if a person is found in possession of a drug, he is presumed to have intended to traffic in it. This constitutes a limitation of rights and freedoms that cannot be justified in a free and democratic society, according to section 1 of the Charter. This judgement is the most important to date by the Supreme Court concerning section 1 of the Charter.
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Article

Offshore Mineral Rights Reference

The Supreme Court of Canada, in a decision about the ownership of seabed mineral rights off BC and on the legislative jurisdiction over these rights, decided in 1967 that Parliament, not the BC legislature, owned the territorial seabed adjacent to that province and enjoyed exclusive legislative jurisdiction by virtue of the Constitution Act, 1867 (s91.1A), ie, Parliament's residuary power. Rights in the territorial sea derive from international law and Canada is the sovereign state recognized...
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Article

Oldman River Society Case

Several decisions of the Supreme Court relate to environmental protection: Dryden Chemicals, Crown Zellerbach and Friends of the Oldman River Society.
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Macleans

Olson's Faint Hope

This article was originally published in Maclean’s magazine on August 18, 1997. Partner content is not updated. 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.
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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.
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Article

Operation Dismantle Case

Cruise Missile Case (1985).
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Macleans

OPP Charge Former Bernardo Lawyers

The videotapes were shown only to the jury, but the sound track alone was enough to make even seasoned court veterans cringe.This article was originally published in Maclean's Magazine on February 3, 1997
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Article

Organized Crime in Canada (Plain-Language Summary)

Organized crime is when a group of three or more people commit crimes to make money. Such crimes include gambling; prostitution; pornography; drug trafficking; insurance and construction fraud; illegal bankruptcy; motor vehicle theft; computer crime; and counterfeiting. The widespread nature of organized crime first came to light in the 1960s. Some criminal groups are based on ethnicity. Others are formed within certain industries. New laws were made in the early 2000s to address organized crime in Canada. This article is a plain-language summary of organized crime in Canada. If you are interested in reading about this topic in more depth, please see our full-length entry: Organized Crime in Canada.
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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.
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Macleans

Parents of Victims Speak

This article was originally published in Maclean’s magazine on October 16, 1995. Partner content is not updated.
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Macleans

Parrott's Killer Convicted

This article was originally published in Maclean’s magazine on April 26, 1999. Partner content is not updated. 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.
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Article

Paul Bernardo and Karla Homolka Case

The crimes of Paul Bernardo and his wife Karla Homolka were among the most horrifying and controversial in Canadian history. This article contains sensitive material that may not be suitable for all audiences.
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Macleans

PEI Bomber Sought

Marlene Stanton was unaccustomed to finding urgent stories in the daily mail, so she let the letters languish on her desk.This article was originally published in Maclean's Magazine on September 23, 1996
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Macleans

PEI Bombing Suspect Arrested

Divorced and living by himself in a drab Charlottetown apartment complex for the past 10 years, Roger Bell did not go out of his way to meet people. "He didn't say as much as hello," said John Acorn, Bell's next-door neighbor.This article was originally published in Maclean's Magazine on December 30, 1996
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Article

Persons Case

The Persons Case (Edwards v. A.G. of Canada) was a constitutional ruling that established the right of women to be appointed to the Senate. The case was initiated by the Famous Five, a group of prominent women activists. In 1928, the Supreme Court of Canada ruled that women were not “persons” according to the British North America Act (now called the Constitution Act, 1867). Therefore, they were ineligible for appointment to the Senate. However, the Judicial Committee of the Privy Council reversed the Court’s decision on 18 October 1929. The Persons Case enabled women to work for change in both the House of Commons and the Senate. It also meant that women could no longer be denied rights based on a narrow interpretation of the law.
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