After three weeks of the truckers’ protest in February, the federal government invoked the Emergencies Act for the first time since its passing in 1988. That move was immediately denounced by many, as s. 3 of the Act defines a national emergency as an “urgent and critical situation of a temporary nature” that “seriously endangers […]
Emergencies Act is meant for ‘urgent and critical’ situations Read More »
If a demonstration remains peaceful and does not impede the lawful activities of others for an extended period, police will allow the participants to exercise their right to protest. During the three-week truckers’ protest in Ottawa, many people were surprised the police did not move in sooner since there were reports of illegal activity throughout
Police can exercise their power when protests turn illegal Read More »
Protests are allowed on both public and private property provided that they remain peaceful. In Ottawa, if the people taking part in the truckers’ protest had just peacefully blocked Wellington Street for a day then went home, there would have been no need for police intervention. However, the right to protest ends when the actions
Peaceful protests are allowed on public and private property Read More »
By the time police cleared the truckers’ protest in downtown Ottawa in February, more than 100 people were facing charges. Most were released on bail, except for key organizers who faced charges such as counselling to commit mischief and counselling to commit the offence of obstructing police. To read more, click here. Youths need to
Here are the charges protesters may face in Canada Read More »
Various protests have attracted the public’s attention across Canada, but what are the laws governing these demonstrations? To justify their actions, protesters often point to s. 2 of the Canadian Charter of Rights and Freedoms. It guarantees that every Canadian has “freedom of thought, belief, opinion and expression, including freedom of the press and other
The Charter grants the right to ‘peaceful assembly’ Read More »
The public plays an important role in our justice system and making sure it is administered fairly. The three main duties of citizens are to serve on a jury, testify as a witness and to know the law. Serving on a jury and deciding whether someone has violated a Criminal Code offence is both challenging
What is the public’s role in our justice system? Read More »
I am a big supporter of the Youth Criminal Justice Act as it recognizes that young people should be held responsible for their criminal acts, but to a different degree than an adult. After all, a 13-year-old might not appreciate the full ramifications of their criminal actions. For example, I represented a 15-year-old charged with
Youths need to be treated differently by the courts Read More »
The responsibility for justice in Canada is split between the federal and provincial governments. The federal government appoints and pays judges of the superior (upper-level) courts in the provinces. Parliament is also responsible for the Supreme Court of Canada, the Federal Court, the Federal Court of Appeal and the Tax Court. Federal authority for criminal
A primer on how justice is delivered in Canada Read More »
In essence, the Charter of Rights and Freedoms protects people from government overreach. It doesn’t help you in disputes with private individuals but it does set out clear limits on the powers that government institutions, such as the police, can exercise when dealing with citizens. To read more, click here. Basic principles of the Canadian
Charter of Rights reins in the powers given to police Read More »
There are other ways to settle a dispute instead of going to court, and Crown attorneys and the Ministry of Justice have been encouraging the use of these alternative approaches to justice. That includes special courts for people with drug problems and a court for Indigenous offenders. To read more, click here. There are good
Courts that deal with drug issues one alternative to justice Read More »
