More than 14 months after the Supreme Court first held that the Criminal Code provisions forbidding physician-assisted death were unconstitutional in Carter v. Canada (Attorney General), 2015 SCC 5, and almost three months to the day from the date that the Supreme Court gave a four month extension to its suspension of the declaration of unconstitutionality (see Carter v. Canada (Attorney General), 2016 SCC 4), the Liberal government has introduced its legislative response with a bill, Bill C-14, An Act to amend the Criminal Code and to make related amendments to other Acts (medical assistance in dying).
[image from endcyberbullying.org]
On Friday, Justice McDougall of the Nova Scotia Supreme Court ruled that Nova Scotia’s Cyber-Safety Act is unconstitutional, violating both s. 2(b) and s. 7 of the Charter. The Cyber-safety Act was passed in 2013 in response to the public outcry over the suicide death of a young woman, Rehtaeh Parsons, linked to her having been bullied on-line. In his 66 page judgment in Crouch v. Snell, 2015 NSSC 340, Justice McDougall held that the Nova Scotian legislature had gone too far in its attempt to address the dangers of cyberbullying.
On Wednesday, October 21, 2015, Chief Justice Hinkson of the British Columbia Supreme Court gave effect to the arguments of an association called Drug War Survivors (“DWS”) that the City of Abbotsford’s bylaws that forbade sleeping in the City’s parks or the temporary erection of shelters without permits to be contrary to s. 7’s protection of security of the person under the Charter and were therefore of no force or effect. In an 81 page reasons for judgment in Abbotsford (City) v. Shantz, 2015 BCSC 1909 that reviewed the evolving jurisprudence under s. 7 of the Charter and specifically previous British Columbian decisions respecting a similar challenge of the City of Victoria’s bylaws, Chief Justice Hinkson made it clear that, while there was not a positive obligation on the part of the municipality to provide shelter to its homeless population, so long as there was insufficient shelter available, the municipality could not prohibit the homeless from doing what they needed to do in order to ensure their own life, liberty and security of their persons.
A recent decision on the Supreme Court of British Columbia has dismissed a strata property owner’s constitutional challenges to certain provisions of the Strata Property Act. In The Owners, Strata Plan NW 499 v. Louis, 2015 BCSC 1487, Mr. Justice Armstrong held that, although creatures of statute, strata corporations were not “government” for the purposes of the Charter and therefore, the disgruntled Mr. Louis’ constitutional arguments were not supportable
In a decision made in late 2014, the Quebec Court of Appeal affirmed the legal profession’s unique role in undertaking constitutional challenges. In a unanimous decision (Vezina, Savard, and Vauclair JJA), the Court upheld Justice Roy’s decision to reject the Government of Canada’s application to strike the claim of the Barreau du Quebec for want of standing. The relatively short decision, Canada (Procureur general) v. Barreau du Quebec, 2014 QCCA 2234, was released on December 4, 2014 and was a judgment “par la Cour”.
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Today, in Canada (Attorney General) v. Federation of Law Societies of Canada, 2015 SCC 7,the Supreme Court confirmed that one of the hallmarks of the legal profession, namely, solicitor-client privilege is one of the fundamental principles of justice worthy of constitutional sanction under s. 7 of the Charter. In reviewing the federal government’s anti-terrorism and anti-money laundering legislation, the Court also ruled that, to the extent the legislation required lawyers to obtain and keep information about their clients for the government, it constituted an unreasonable search and seizure contrary to s. 8 of the Charter.
Today, in its fifth decision of the year, the Supreme Court overturned yet another decades old precedent and found the Criminal Code provisions prohibiting physician-assisted death in end-of-life situations unconstitutional and contrary to s. 7 of the Charter. This is the third time this year that the Court has overturned one of its previous decisions on constitutional matters. In Carter v. Canada (Attorney General), 2015 SCC 5, the Court spoke with one voice and in its own name (the headnote states that the precedent was “distinguished” but make no mistake, it no longer applies to these same statutory provisions against assisted death). No one justice was accredited with the authorship of the reasons.