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From Cases, Ongoing Cases

Free Expression: In support of Carolyn Strom

Free Expression: In support of Carolyn Strom

Jan 08 2019

Freedom of speech is increasingly under attack from professional bodies seeking to regulate what their members can say. In most cases, this censorship would not be constitutional if it were imposed directly by legislation, but courts are too-often too deferential when the restrictions are imposed by arms of the state

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From Cases, Ongoing Cases

Fighting unconstitutional trade discrimination: Steam Whistle v. AGLC

Fighting unconstitutional trade discrimination: Steam Whistle v. AGLC

Jan 08 2019

On December 14, 2018, the Alberta Court of Appeal granted the Canadian Constitution Foundation leave to intervene in the appeal of the Steam Whistle v. AGLC decision, in which two out-of-province beer companies successfully challenged unconstitutional discrimination by Alberta against their products. This case concerns the Government of Alberta’s beer

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From Cases, Past Cases

The Reillys (Civil forfeiture abuse in Ontario)

The Reillys (Civil forfeiture abuse in Ontario)

Sep 21 2018

Margaret and Terry Reilly are from Orillia, Ontario. The Reillys own several rental properties, some of which are former single-family homes that they have converted into rooming houses for low-income tenants. Margaret has been involved in alleviating poverty and homelessness since her father became the priest at an inner-city Anglican

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From Cases, Ongoing Cases

Fighting compelled speech: challenging the LSO’s Statement of Principles

Fighting compelled speech: challenging the LSO’s Statement of Principles

Nov 08 2017

On November 6, 2017, with the support of the Canadian Constitution Foundation (CCF), Prof. Ryan Alford of Lakehead University’s Bora Laskin Law Faculty, filed an application challenging the Law Society of Ontario’s new requirement that all lawyers and paralegals draft a personal Statement of Principles demonstrating their “personal valuing” of

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From Cases, Past Cases

R. v. MacKinnon (free speech case defending right to criticize government)

R. v. MacKinnon (free speech case defending right to criticize government)

May 24 2017

In 2011, Ms. MacKinnon, a former Drumheller municipal councillor, was charged with the offence of “defamatory libel” under section 301 of the Criminal Code for colourful comments she posted on social media critical of town officials. What she didn’t know, and what the prosecutors and the court should have known,

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From Cases, Past Cases

Highwood Congregation v. Randy Wall (freedom of association and separation of church and state)

Highwood Congregation v. Randy Wall (freedom of association and separation of church and state)

Apr 13 2017

Should courts have broad power to regulate the membership of private groups? The Supreme Court of Canada has heard arguments for a case that will have profound implications for all private civil society organizations, and particularly religious congregations. The CCF has intervened in this case to help defend an important

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From Cases, Past Cases

Peers v. ASC, Aitkens v. ASC (Right to jury intervention)

Peers v. ASC, Aitkens v. ASC (Right to jury intervention)

Jan 31 2017

If you’d already spent almost five years in prison and were given the choice between paying a $5 million fine or spending one more day in prison, which would you choose? That is the question at the heart of a constitutional challenge in which the CCF is intervening to support

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From Cases, Ongoing Cases

Defending patient rights and healthcare choice: Cambie v. MSCB et al.

Defending patient rights and healthcare choice: Cambie v. MSCB et al.

Sep 06 2016

Latest update: January 24, 2019 Good news for Charter challenge for patient choice! The Attorney General of British Columbia’s application for leave to appeal the interim order of a Supreme Court judge in chambers enjoining enforcement of sections 17-8 and 45 of the Medicare Protection Act is dismissed. This means

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From Cases, Ongoing Cases

Interprovincial free trade: Artisan Ales trade complaint against Alberta

Interprovincial free trade: Artisan Ales trade complaint against Alberta

Aug 29 2016

Update: June 11, 2018 On May 11, 2018, an Appeal Panel, convened pursuant to the dispute resolution process of the Agreement on Internal Trade (AIT), ruled that the Government of Alberta’s Small Brewers Development Program (ASBD Program) does not comply with the province’s free trade obligations under the AIT because

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