Legal Cases

These pages list the legal documents for the cases.

These cases concerned whether compensatory damages can be awarded for a violation of rights guaranteed in the Charter of Rights and Freedoms. The appeals stem from a case brought by an individual, Mr. Cameron Ward, who sought declarations that his … Read More →

Topic: Human Rights, Police Accountability

Type: Legal Cases

Document Elmasry and Habib v. Rogers Publishing Ltd. and MacQueen

Posted on January 29, 2008

This complaint before the B.C. Human Rights Tribunal alleged that the publication of an article titled “Why The Future Belongs to Islam” in Maclean’s Magazine and website amounted to discrimination on the basis of religion. The BCCLA intervened in this … Read More →

Topic: Free Speech, Freedom of Expression

Type: Legal Cases

Document Frank Paul Inquiry

Posted on January 25, 2008

This public inquiry is investigating the death of Mr. Frank Paul, a 47 year-old homeless Mi’kmaq man who died in an alley after being left there by police in December 1998. The BCCLA has participated in the inquiry. To date … Read More →

Topic: Police Accountability

Type: Legal Cases

Document PHS Community Services Society v. Canada (Attorney General) and Vancouver Area Network of Drug Users v. Canada (Attorney General)

Posted on January 24, 2008

The recent decision of the B. C. Supreme Court granted a supervised injection facility, Insite, located in Vancouver’s Downtown Eastside, a permanent constitutional exemption from prosecution under federal drug laws. The judgment asserted that sections of Canada’s drug laws against … Read More →

Topic: Drug Policy

Type: Legal Cases

Document Khadr v. Canada (Minister of Justice)

Posted on January 20, 2008

This decision of the Supreme Court of Canada confirmed that the Charter binds Canadian officials when operating abroad, where Canada would also be acting in contravention of its obligations under international human rights law. The BCCLA intervened in the case … Read More →

Topic: Democratic Rights, Due Process, Human Rights, National Security, Prisoners' Rights

Type: Legal Cases

Document Complainant v. The Wild Coyote Club (Inquiry under the Freedom of Information and Protection of Privacy Act)

Posted on January 19, 2008

The Wild Coyote Club required patrons, upon entering the club, to provide a driver’s licence which is then scanned into a computer, and to allow the club to take a digital photograph of the patron that is also stored in … Read More →

Topic: Privacy

Type: Legal Cases

Document Simpson v. Mair and WIC Radio Ltd.

Posted on December 27, 2007

This appeal concerned the free speech rights of a speaker on a matter of public interest. The defendant Mair read an editorial he had written on his radio show, in which he referred to the plaintiff on several occasions with … Read More →

Topic: Free Speech, Freedom of Expression

Type: Legal Cases

Document Hayes v. Barker

Posted on November 27, 2007

The BC Court of Appeal upheld a decision by the BC Human Rights Tribunal to accept a human rights complaint for filing. Peter Hayes brought a complaint against the Vancouver Police Department alleging that a VPD officer had denied him … Read More →

Topic: Human Rights, Police Accountability

Type: Legal Cases

Document Access Coalition v Court of Appeal

Posted on October 27, 2007

The Access o Abortion Services Act expressly empowers government to abrogate freedom of expression by establishing “access ones” within which various proscriptions set out in the Act apply. In Slaight Communication vs. Davidson, 1989 1 SCR 1038, the Supreme Court … Read More →

Topic: Freedom of Expression

Type: Legal Cases