Browse "Law Cases"

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David Milgaard Case

David Milgaard was a 16-year-old hippie when he was charged with the rape and murder of Saskatoon nurse Gail Miller in 1969. Milgaard's prosecution for first degree murder at age 17 became one of Canada's most notorious wrongful convictions. He was finally released in 1992 after 23 years in prison. DNA evidence exonerated him in 1997 and led to the conviction of Larry Fisher, a serial sex offender, in 1999. Milgaard received an official apology from the Saskatchewan government in 1997 and a $10 million settlement in 1999. Milgaard became an advocate for prison reform and the rights of the accused and helped establish a federal commission to investigate cases of alleged wrongful conviction. This article contains sensitive material that may not be suitable for all audiences.
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Article

Delgamuukw Case

The Delgamuukw case (1997) (also known as Delgamuukw v. British Columbia) concerned the definition, the content and the extent of Aboriginal title (i.e., ownership of traditional lands). The Supreme Court of Canada observed that Aboriginal title constituted an ancestral right protected by section 35(1) of the Constitution Act, 1982. Influenced by the Calder case (1973), the ruling in the Delgamuukw case had an impact on other court cases about Aboriginal rights and title, including in the Tsilhqot’in case (2014).
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Article

Doctrine of Discovery

The Doctrine of Discovery refers to a set of international legal principles largely developed between the 15th and 16th centuries. At its core, the Doctrine maintains that upon discovery of new lands, European nations could acquire the territory and sovereignty over it. However, the territory had to be unknown to Europeans, unoccupied by a Christian prince or inhabited by people Europeans considered “uncivilized.” It serves as the basis of sovereignty for settler nations, such as Canada and the United States. Settler nations are countries with an Indigenous population, but whose government and cultural norms were established by people who moved there from other countries. In addition, the Doctrine created conditions for the legal, political and economic dispossession and subjugation of Indigenous peoples globally.
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Article

Dominion Police

The Dominion Police was originally a small protective force organized by the federal government in 1868 to guard the Parliament Buildings in Ottawa following the assassination of Thomas D'Arcy McGee.
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Dubin Inquiry

Following the drug scandal at the 1988 OLYMPIC GAMES in Seoul, when Ben Johnson was stripped of his gold medal after testing positive for steroids, the federal government established the Commission of Inquiry Into the Use of Drugs and Banned Practices Intended to Increase Athletic Performance.
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Gerald Stanley Case

On 9 February 2018, Gerald Stanley, a white farmer in rural Saskatchewan, was acquitted of murder and manslaughter in the killing of Colten Boushie, a 22-year-old Cree man. The acquittal caused great controversy but was not appealed by prosecutors. However, it led the Justin Trudeau government to abolish peremptory challenges, which allowed Stanley’s legal team to keep five Indigenous people off the all-white jury that acquitted him. In 2021, an investigation conducted by a civilian watchdog concluded that that the RCMP was insensitive and racially discriminatory toward Boushie’s mother, and that the police mishandled witnesses and evidence. A Globe and Mail investigation also found that the RCMP “destroyed records of police communications from the night Colten Boushie died.”
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Guerin Case

The Guerin case (R. v. Guerin) resulted in a pivotal decision by the Supreme Court of Canada in 1984 about Indigenous rights. It centred on the fiduciary (guardian or trustee) responsibility of the Crown to consult openly and honestly with Indigenous peoples before making arrangements for the use of their land. (See also Duty to Consult.) For the first time, it established that the Crown has a legal responsibility to First Nations and not simply a moral one. It also recognized Aboriginal title to their land to be a sui generis (Latin for “unique”) right.
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Highway of Tears

The Highway of Tears refers to a 724 km length of Yellowhead Highway 16 in British Columbia where many women (mostly Indigenous) have disappeared or been found murdered. The Highway of Tears is part of a larger, national crisis of missing and murdered Indigenous women and girls. In 2015, the federal government launched a national inquiry into these cases. This article contains sensitive material that may not be suitable for all audiences.
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Article

Keegstra Case

Jim Keegstra was a secondary school teacher in rural Alberta who taught anti-Semitic propaganda to his students. He was charged with a hate crime in 1984 and was found guilty in 1985. However, Keegstra launched repeated appeals arguing that the Criminal Code violated his constitutionally guaranteed freedom of expression. The landmark case (R. v. Keegstra) tested the balance between the right to freedom of speech outlined in the Canadian Charter of Rights and Freedoms and the law’s limits on hate speech stipulated in the Criminal Code. The case came before the Supreme Court of Canada in 1990 and 1996. The Court ultimately ruled against Keegstra by deciding that Canada’s hate laws imposed a “reasonable limit” on a person’s freedom of expression.
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Lac-Mégantic Rail Disaster

In the early morning of 6 July 2013, a runaway train hauling 72 tankers filled with crude oil derailed as it approached the centre of the town of Lac-Mégantic, Quebec. The tanker cars exploded and the oil caught fire, killing 47 people and destroying many buildings and other infrastructure in the town centre. The fourth deadliest railway disaster in Canadian history, the derailment led to changes in rail transport safety rules as well as legal action against the company and employees involved in the incident. Years after the derailment, re-building was still ongoing and many of the town’s residents continued to suffer from post-traumatic stress.
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Law Enforcement

Law Enforcement refers to the application or threat of legally permitted sanctions to induce compliance with legal rules.
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Maggie Vail Murder Case

In September 1869, berry pickers in Saint John, New Brunswick, discovered the remains of an adult and a child hidden in some bushes. The bodies were soon identified as belonging to Sarah Margaret “Maggie” Vail and her infant daughter, Ella May. Later that month, architect John A. Munroe was charged with the murder of Vail, with whom he had an affair. Although his lawyer argued that Munroe was incapable of murder given his education and social standing — an early example of the “character” defence — he was convicted in December 1869. Munroe eventually confessed to the murders and was executed in February 1870.
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Maintiens le Droit

Maintiens le Droit [Fr, "Uphold the Right"], the official motto of the ROYAL CANADIAN MOUNTED POLICE. The use of the motto by the NORTH-WEST MOUNTED POLICE was first advocated in 1873 and adopted 2 years later.
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Marshall Case

The Marshall case is a landmark ruling in Indigenous treaty rights in Canada. The case centres on Donald Marshall Jr., a Mi’kmaq man from Membertou, Nova Scotia. In August 1993, Marshall caught and sold 210 kg of eel with an illegal net and without a licence during closed-season times. He was arrested after being charged under the federal Fisheries Act and the Maritime Provinces Fishery Regulations. In Marshall’s court case, R. v. Marshall, he was found guilty on all three charges in provincial court (1996) and appeals court (1997). The Supreme Court of Canada reversed Marshall’s convictions in September 1999. The Supreme Court recognized the hunting and fishing rights promised in the Peace and Friendship Treaties. These treaties were signed between the British and the Mi’kmaq, Wolastoqiyik and Peskotomuhkati in 1760–61.
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Marshall Inquiry

The Marshall Inquiry was a Royal Commission called by the Government of Nova Scotia. It investigated the 1971 wrongful murder conviction of Mi’kmaq man Donald Marshall Jr. of Nova Scotia. This was the first inquiry of its kind in Canada. The commission released its report on 26 January 1990. It made recommendations that changed the criminal justice system in Nova Scotia, particularly in its treatment of Indigenous peoples.
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