2016 – a year in constitutional retrospect

 

As 2016 fades into the distance, I thought that it might be useful to look back and see what were some of the biggest constitutional developments in the Old Year. There were many but I think that a few stand out for me. A number do not involve constitutional judicial determinations but they are major Canadian constitutional developments nonetheless.

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Medical assistance in dying – the Liberal government responds to the Supreme Court

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).

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Homeless campers score a win in BC using s. 7’s life, liberty and security of the person: Abbotsford (City) v. Shantz, 2015 BCSC 1909

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.

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