CONSTITUTIONAL LAW
Canadian Civil Liberties Association & Alberta Federation of Labour v. City of Calgary (June 5, 2002)
(Action no. 0201-10690) (Alta. Q.B.)
Constitutional Challenge to city by-law prohibiting public assembly in a park without permit as violating freedom of peaceful assembly,association & expression; interim injunction
Vriend A.G. v. Alta. [1998] S.C.J. No. 29 (SCC) appealed from [1996] 5 W.W.R. 617 37 Alta. L. R. (3d) 364 (Alta.C.A.)
Exclusion of "sexual orientation" in Individual's Rights Protection Act violates s.15 of the Charter and was "read in"
(constitutional remedy) to provide access to Human Rights Commission process (Submissions on behalf of Intervenor Alberta Civil Liberties Association)
Grant v. Canada A.G (1995) 125 D.L.R. (4th) 556 (F.C.A.) aff'd (1994) 81 F.T.R. 195 (F.C.T.D.)(Reed J.) Sikh RCMP officer found to have a constitutional right to wear turban and government’s decision to accommodate him
was required to protect freedom of religion:
"The defendants and the intervenors, particularly the able argument of Ms. Chotalia for the
Alberta Civil Liberties Association, turn the plaintiffs' argument respecting discrimination on its head. They argue that the Commissioner's decision was designed to prevent discrimination occurring to Khalsa Sikhs. As such they argue that that decision offends none of the provisions of the Charter, indeed that it is required by section 15 of the Charter." para 103
Felipe v M.E.I. [1994] Imm 5296-93 (F.C.T.D.) Judicial review challenging medical inadmissibility provisions being then s. 19(1)(a)(ii) Immigration Act on basis of violation of s. 15 Charter – applicant contracting breast cancer in Canada and being subject to removal (settled)
R.v. R.F.G. [1992] A.J. No. 821 (Alta.C.A.) Sought Charter exemption with respect to consent defence in sexual interference with a young person for persons “close in age”; argued Charter violation
R. v. Thompson [1989] A.J. No. 192 (Q.B.)
Judgment that s. 643.1 of Criminal Code held to violate s. 7 & 11(d) of Charter - use of videotape evidence in sexual offences R. v. Thompson, 1989 ABCA 234
S.M.A. v. Minister of Citizenship & Immigration (Sept. 2000)
Application for mandamus compelling Minister to land client; violation of section 7 Charter Rights in context of unfounded allegations of terrorism
Chen v. A.G. (2004) Judicial Review (Action No 0503 20829)(appeal by AG to CA) Challenge to Crown prosecutor’s decision not to consent to hate crime prosecution on basis of Charter rights
(Action no. 0201-10690) (Alta. Q.B.)
Constitutional Challenge to city by-law prohibiting public assembly in a park without permit as violating freedom of peaceful assembly,association & expression; interim injunction
Vriend A.G. v. Alta. [1998] S.C.J. No. 29 (SCC) appealed from [1996] 5 W.W.R. 617 37 Alta. L. R. (3d) 364 (Alta.C.A.)
Exclusion of "sexual orientation" in Individual's Rights Protection Act violates s.15 of the Charter and was "read in"
(constitutional remedy) to provide access to Human Rights Commission process (Submissions on behalf of Intervenor Alberta Civil Liberties Association)
Grant v. Canada A.G (1995) 125 D.L.R. (4th) 556 (F.C.A.) aff'd (1994) 81 F.T.R. 195 (F.C.T.D.)(Reed J.) Sikh RCMP officer found to have a constitutional right to wear turban and government’s decision to accommodate him
was required to protect freedom of religion:
"The defendants and the intervenors, particularly the able argument of Ms. Chotalia for the
Alberta Civil Liberties Association, turn the plaintiffs' argument respecting discrimination on its head. They argue that the Commissioner's decision was designed to prevent discrimination occurring to Khalsa Sikhs. As such they argue that that decision offends none of the provisions of the Charter, indeed that it is required by section 15 of the Charter." para 103
Felipe v M.E.I. [1994] Imm 5296-93 (F.C.T.D.) Judicial review challenging medical inadmissibility provisions being then s. 19(1)(a)(ii) Immigration Act on basis of violation of s. 15 Charter – applicant contracting breast cancer in Canada and being subject to removal (settled)
R.v. R.F.G. [1992] A.J. No. 821 (Alta.C.A.) Sought Charter exemption with respect to consent defence in sexual interference with a young person for persons “close in age”; argued Charter violation
R. v. Thompson [1989] A.J. No. 192 (Q.B.)
Judgment that s. 643.1 of Criminal Code held to violate s. 7 & 11(d) of Charter - use of videotape evidence in sexual offences R. v. Thompson, 1989 ABCA 234
S.M.A. v. Minister of Citizenship & Immigration (Sept. 2000)
Application for mandamus compelling Minister to land client; violation of section 7 Charter Rights in context of unfounded allegations of terrorism
Chen v. A.G. (2004) Judicial Review (Action No 0503 20829)(appeal by AG to CA) Challenge to Crown prosecutor’s decision not to consent to hate crime prosecution on basis of Charter rights
