Canadian Charter of Rights and Freedoms

News & Analysis as of

Supreme Court Affirms Constitutionality of Administrative Monetary Penalty

In its decision in Guindon v. Canada (Guindon), released earlier this month, the Supreme Court of Canada (SCC) considered the constitutionality of an administrative monetary penalty, or “AMP” provision. The SCC’s decision,...more

SCC to Decide Tax Advisor Penalty Case on July 31

What is the nature of the third-party penalty in section 163.2 of the Income Tax Act? That question will be answered by the Supreme Court of Canada when it decides the case of Guindon v. The Queen (Docket No. 35519) on Friday...more

Alberta Legislation Curtailing the Right to Strike is Struck Down

In the wake of the Supreme Court of Canada’s decision that established a constitutionally protected right to strike, the Alberta Court of Queen’s Bench has struck down legislation that prevents certain classes of Alberta...more

A Charter Right to Search Google?

The Internet has transformed society in so many ways. Even the ways we find information and the sources we rely upon have been fundamentally transformed. It appears our legal systems need to adapt to this new...more

Avoiding Self-Incrimination in Canada: The Overlap of Criminal and Civil Proceedings Has a New Frontier

It is increasingly common for counsel to find themselves dealing with a civil action in which one party may be facing criminal or regulatory sanctions arising from the same events underlying the civil action. For example, a...more

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