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Articles

CCF staff write on a variety of policy areas from a mostly legal viewpoint. Our staff often focus on policy issues related to the legal cases we support.

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Silencing the sex workers

Silencing the sex workers

Dec 11 2014

The government’s justification is that these ads create demand for prostitution. (Who wants to break it to them that engaging in sexual activity for payment predates the printing press by just a tad?) The problem is that the Supreme Court struck down Canada’s previous prostitution laws because they violated sex

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The high price of Canada’s anti-spam law

The high price of Canada’s anti-spam law

Dec 04 2014

I happen to agree with them. Not only does CASL restrict activities far beyond what any reasonable person would consider malicious spam — for example, a boy scout sending out an email to the members of his troop to see if any of them want to buy his baseball glove

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Presumed innocent? That depends

Presumed innocent? That depends

Nov 28 2014

Even Canadians who couldn’t tell you which section of the Canadian Charter of Rights and Freedoms deals with these rights — heck even Canadians who couldn’t tell you what the Canadian Charter of Rights and Freedoms is — are aware that these procedural protections exist. It is a common knowledge

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Jail, fines, loss of livelihood over paperwork sins

Jail, fines, loss of livelihood over paperwork sins

Nov 26 2014

Wake up, Canadians. Bruce Montague — an Ontario man who has never been convicted of, or even charged with, any form of violence, theft or fraud — has had precisely this penalty imposed upon him for failing to fill out some forms. The financial portion of the penalty was confirmed

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Canadian Supreme Court condones abuse of power

Canadian Supreme Court condones abuse of power

Nov 21 2014

Like most small business owners, Bruce and Donna Montague had their life’s savings invested in their business. Bruce worked as a gunsmith near Kenora, Ontario. Bruce and Donna moved there to get out of the hustle and bustle of southern Ontario. Together, they built a home, raised a family, and

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A law that bans ‘mixed race’ couples?

A law that bans ‘mixed race’ couples?

Nov 06 2014

What century are we talking about? This one, I’m afraid; and the culprit is not some errant racist landlord trying to throw one tenant out of a building. It’s the Kahnawake Mohawk council, which has a law that bans all “mixed race” couples from living anywhere in its Montreal-area territory.

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The folly of civil forfeiture

The folly of civil forfeiture

Nov 03 2014

These “civil forfeiture” laws—which few Canadians have even heard of—allow provincial governments to seize property that has allegedly been used in crime, or may constitute proceeds of crime, even if nobody has ever been charged with, let alone convicted of, a related offence. One unfortunate victim of Ontario’s law is

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Fighting a law with a Hollywood movie

Fighting a law with a Hollywood movie

Oct 30 2014

In 2005, the United States Supreme Court issued one of its most disappointing decisions of that decade: It ruled that the government of New London, Conn., could legally expropriate the home of a woman named Susette Kelo in order to transfer the property to the Pfizer pharmaceutical company. Because of

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The war on pot brownies

The war on pot brownies

Oct 16 2014

Health Canada helpfully clarifies all on its website by explaining that “dried marijuana is not an approved drug or medicine in Canada … [pause for a beat] but courts have required reasonable access to a legal source of marijuana when authorized by a physician.” So, make no mistake, the government

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