Home Cases Past Cases

Past Cases

We defend the rights and freedoms of Canadians in the courts.

Learn more about Past Cases


From Cases, Past Cases

R. v. Montague; Attorney General of Ontario v. Montague et al. (civil forfeiture)

R. v. Montague; Attorney General of Ontario v. Montague et al. (civil forfeiture)

Apr 15 2015

Bruce Montague was a licensed gunsmith and firearms dealer who believed that Canada’s gun licensure laws were unconstitutional. He deliberately allowed his firearms licences to expire in 2003 so that he would be charged with an offence and could challenge the constitutionality of the law in court. However, the Ontario

Continue Reading

From Cases, Past Cases

R. v. Jones, R v. Schmidt (private property)

R. v. Jones, R v. Schmidt (private property)

Jan 01 2015

If you think it’s wrong when government bureaucrats bully law-abiding citizens, then there’s a court case going on that you should know about, involving two principled and brave farmers named Montana Jones and Michael Schmidt. In late 2011, Ontario sheep breeder Montana Jones was notified by the Canadian Food Inspection

Continue Reading

From Cases, Past Cases

R v. Saskatchewan Federation of Labour

R v. Saskatchewan Federation of Labour

Aug 25 2014

An important case has made its way to the Supreme Court of Canada that could redefine our right to “freedom of association.” It all began in 2008 when the new Saskatchewan government enacted two pieces of legislation — The Public Service Essential Services Act (PSESA) and The Trade Union Amendment

Continue Reading

From Cases, Past Cases

Trinity Western University’s battle for accreditation by the law societies

Trinity Western University’s battle for accreditation by the law societies

Aug 19 2014

Trinity Western University is a highly regarded liberal arts university located in Langley, British Columbia. It is unusual in being a private university, and in having a Christian ethos. It is accredited by the Association of Universities and Colleges of Canada (the de facto ‘kingmaker’ of Canadian post-secondary institutions) and

Continue Reading

From Cases, Past Cases

Julie Guindon v. Her Majesty The Queen (updated Oct 1, 2014)

Julie Guindon v. Her Majesty The Queen (updated Oct 1, 2014)

Aug 14 2014

Section 11 of the Charter of Rights and Freedoms guarantees important procedural protections such as the right to “be presumed innocent until proven guilty” and the right to a “fair and public hearing by an independent and impartial tribunal.” Unfortunately, these rights are not always protected. Indeed, our rights to

Continue Reading

From Cases, Past Cases

Irvin Leroux v. CRA (updated Dec 10, 2014)

Irvin Leroux v. CRA (updated Dec 10, 2014)

Jul 30 2014

The Canada Revenue Agency (CRA) owes a duty of care to taxpayers. Who would have thought this was a new idea? One would assume that a modern liberal democratic state would have this concept enshrined in law and convention by now. On July 30, 2014, Irvin Leroux finally got an

Continue Reading

From Cases, Past Cases

Picton Heritage Freedom (on property rights, updated May 12, 2015)

Picton Heritage Freedom (on property rights, updated May 12, 2015)

Jun 16 2014

In the summer of 2013, the town of Picton, Ontario adopted a by-law designating a seven-block area of Main Street a “heritage area”. This means that none of the buildings in the heritage zone can have their exteriors altered without the approval of local bureaucrats. The 142 buildings affected include

Continue Reading

From Cases, Past Cases

Chief Mountain v. Canada

Chief Mountain v. Canada

Jul 30 2013

During the 1990s the Nisga’a final agreement was negotiated between the BC Provincial Government, the Canadian Federal Government and the Nisga’a Tribal Council. This treaty gave rise to the Nisga’a Lisims Government and provided an area of 1,930 square kilometres in British Columbia upon which the new Nisga’a government would

Continue Reading

From Cases, Past Cases

R. v. Michael Schmidt: Defending consumer choice in Canada

R. v. Michael Schmidt: Defending consumer choice in Canada

Jul 25 2013

In 2006, Michael Schmidt, an Ontario dairy farmer, was charged with numerous violations of both theMilk Act as well as the Health Promotion and Protection Act for selling raw milk at the request of his customers. The Canadian Constitution Foundation is supporting Michael Schmidt in order to defend consumer choice,

Continue Reading