The Supreme Court of Canada is the highest court in the judicial system of Canada. It comprises nine justices, whose decisions are the ultimate application of Canadian law, and grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts. The Supreme Court is bijural, hearing cases from two major legal traditions and bilingual, hearing cases in both official languages of Canada.
Section 33 of the Canadian Charter of Rights and Freedoms is part of the Constitution of Canada. It is commonly known as the notwithstanding clause. Sometimes referred to as the override power, it allows Parliament or provincial legislatures to temporarily override sections 2 and 7–15 of the Charter.
In Canadian labour law, the Rand formula is a workplace compromise arising from jurisprudence struck between organized labour and employers that guarantees employers industrial stability by requiring all workers affected by a collective agreement to pay dues to the union by mandatory deduction in exchange for the union agreement to "work now, grieve later."
Andrews v Law Society of British Columbia, [1989] 1 SCR 143 is the first Supreme Court of Canada case to deal with the equality rights provided under Section 15 of the Canadian Charter of Rights and Freedoms. British law graduate Mark David Andrews challenged the validity of Section 42 of the Barristers and Solicitors Act contending that the Canadian citizenship requirement for being called to the bar violated Section 15 of the Charter.
Section 7 of the Canadian Charter of Rights and Freedoms is a constitutional provision that protects an individual's autonomy and personal legal rights from actions of the government in Canada. There are three types of protection within the section: the right to life, liberty and security of the person. Denials of these rights are constitutional only if the denials do not breach what is referred to as fundamental justice.
Section 2 of the Canadian Charter of Rights and Freedoms ("Charter") is the section of the Constitution of Canada that lists what the Charter calls "fundamental freedoms" theoretically applying to everyone in Canada, regardless of whether they are a Canadian citizen, or an individual or corporation. These freedoms can be held against actions of all levels of government and are enforceable by the courts. The fundamental freedoms are freedom of expression, freedom of religion, freedom of thought, freedom of belief, freedom of peaceful assembly and freedom of association.
Freedom of religion in Canada is a constitutionally protected right, allowing believers the freedom to assemble and worship without limitation or interference.
New Brunswick Broadcasting Co v Nova Scotia (Speaker of the House of Assembly) is a leading Supreme Court of Canada decision wherein the court has ruled that parliamentary privilege is a part of the unwritten convention in the Constitution of Canada. Therefore, the Canadian Charter of Rights and Freedoms do not apply to members of Nova Scotia House of Assembly when they exercise their inherent privileges of refusing strangers from entering the House.
Reference re ss. 193 & 195.1(1)(c) of the Criminal Code (Man.) [1990] 1 S.C.R. 1123, commonly known as the Prostitution Reference, is a decision of the Supreme Court of Canada on the right to freedom of expression under section 2(b) of the Canadian Charter of Rights and Freedoms, and on prostitution in Canada. Manitoba's Appeal Court had ruled the legislation violated the guarantee of freedom of expression in the Charter of Rights and Freedoms, by constraining communication in relation to legal activity. The case was referred to the Supreme court.
Montréal v 2952-1366 Québec Inc, [2005] 3 S.C.R. 141, 2005 SCC 62 is a leading Supreme Court of Canada decision on freedom of expression under section 2(b) of the Canadian Charter of Rights and Freedoms. The Court held that a strip club has no constitutional right to broadcast music into public streets in order to attract customers. The decision stated that location of the expression was a factor in considering if there was a violation.
Lavigne v Ontario Public Service Employees Union, [1991] 2 S.C.R. 211 is a leading Supreme Court of Canada decision on freedom of expression under section 2(b) of the Canadian Charter of Rights and Freedoms and freedom of association under section 2(d) of the Charter.
Cuddy Chicks Ltd v Ontario (Labour Relations Board), [1991] 2 SCR 5 is a leading Supreme Court of Canada decision on the jurisdiction of tribunals to hear constitutional challenges of the tribunal's enabling statute.
Reference Re Public Service Employee Relations Act (Alta) [1987] 1 S.C.R. 313, commonly referred to as the Alberta Reference, was a leading opinion of the Supreme Court of Canada on the right to freedom of association under section 2(d) of the Canadian Charter of Rights and Freedoms. The Court held that section 2(d) did not include the right to strike. In 2015, Alberta Reference was overruled, with the Court recognizing a right to strike in the Charter.
Human rights in Canada have come under increasing public attention and legal protection since World War II. Inspired by Canada's involvement in the creation of the Universal Declaration of Human Rights in 1948, the current legal framework for human rights in Canada consists of constitutional entitlements, and statutory human rights codes, both federal and provincial.
In Canada, the term quasi-constitutional is used for laws which remain paramount even when subsequent statutes, which contradict them, are enacted by the same legislature. This is the reverse of the normal practice, under which newer laws trump any contradictory provisions in any older statute.
The passage of the Canadian Charter of Rights and Freedoms in 1982 allowed for the provision of challenging the constitutionality of laws governing prostitution law in Canada in addition to interpretative case law. Other legal proceedings have dealt with ultra vires issues. In 2013, three provisions of the current law were overturned by the Supreme Court of Canada, with a twelve-month stay of effect. In June 2014, the Government introduced amending legislation in response.
Joseph James Arvay, was a Canadian lawyer who argued numerous landmark cases involving civil liberties and constitutional rights.
Health Services and Support – Facilities Subsector Bargaining Assn. v British Columbia [2007] 2 SCR 391 is a landmark Canadian labour law case concerning freedom of association under section 2(d) of the Canadian Charter of Rights and Freedoms. A majority of the Supreme Court of Canada determined that the Charter protects a meaningful process of collective bargaining.
Mounted Police Association of Ontario v Canada [2015] 1 SCR 3 is a leading Canadian labour law case concerning freedom of association under section 2(d) of the Canadian Charter of Rights and Freedoms. The Court concluded that the exclusion of Royal Canadian Mounted Police officers from unionization and collective bargaining was unconstitutional, overruling Delisle v Canada. Along with Saskatchewan Federation of Labour v Saskatchewan and Meredith v Canada , the decision in MPAO represented a significant evolution in the interpretation of section 2(d), clarifying the legal standard applicable under that provision.
Ontario v Fraser [2011] 2 SCR 3 is a Canadian labour law case concerning the protection of collective bargaining under section 2(d) of the Canadian Charter of Rights and Freedoms. At issue was an Ontario law that created a separate labour relations regime for agricultural workers. The Court considered the standard for establishing a breach of section 2(d) in cases where government action is alleged to interfere with collective bargaining rights. A majority of the Court upheld the law, finding no breach of sections 2(d) or 15 of the Charter.
