Canadian Civil Liberties Association

The Canadian Civil Liberties Association or CCLA, is Canada's leading national organization devoted to the defence of civil liberties

Civil liberties

Civil liberties are rights and freedoms that provide an individual specific rights such as the freedom from slavery and forced labour, freedom from torture and death, the right to liberty and security, right to a fair trial, the right to defend one's self, the right to own and bear arms, the right...

and constitutional rights, both inside and outside the courts. The organization's work focuses on constitutional litigation, law reform, advocating on civil liberties issues before public officials and elected bodies, and public education. The CCLA is a nonpartisan

Nonpartisan

In political science, nonpartisan denotes an election, event, organization or person in which there is no formally declared association with a political party affiliation....

, non-governmental organization

Non-governmental organization

A non-governmental organization is a legally constituted organization created by natural or legal persons that operates independently from any government. The term originated from the United Nations , and is normally used to refer to organizations that do not form part of the government and are...

supported through the donations of its members and the public; the CCLA does not accept funding from any level of government. The CCLA is closely connected with the Canadian Civil Liberties Education Trust

Canadian Civil Liberties Education Trust

The Canadian Civil Liberties Education Trust is a charitable organization focused on the promotion and dissemination of knowledge and understanding amongst the general public of the rights, liberties and duties of all citizens in democracies. CCLET was established in 1967 as the research and...

(CCLET), the non-profit research and educational arm of the organization, that works with schools, educational institutions, and faculties of education to educate Canadians about their rights and freedoms.

The CCLA was founded in 1964 and is based in Toronto, Ontario. Nathalie Des Rosiers (LL.B., Université de Montréal

Université de Montréal

The Université de Montréal is a public francophone research university in Montreal, Quebec, Canada. It comprises thirteen faculties, more than sixty departments and two affiliated schools: the École Polytechnique and HEC Montréal...

; LL.M., Harvard University

Harvard University

Harvard University is a private Ivy League university located in Cambridge, Massachusetts, United States, established in 1636 by the Massachusetts legislature. Harvard is the oldest institution of higher learning in the United States and the first corporation chartered in the country...

; LL.D honoris causa, Law Society of Upper Canada

Law Society of Upper Canada

The Law Society of Upper Canada is responsible for the self-regulation of lawyers and paralegals in the Canadian province of Ontario, Canada. Founded in 1797, it is known in French as "Le Barreau du Haut-Canada"...

) is the current CCLA General Counsel

General Counsel

A general counsel is the chief lawyer of a legal department, usually in a corporation or government department. The term is most used in the United States...

since 2009. Ms. Des Rosiers had previously served as president of the Law Commission of Canada from 2000 to 2004 and Dean of the Civil Law Section of the University of Ottawa Faculty of Law from 2004 to 2008. Prior to Ms. Des Rosiers, Alan Borovoy

Alan Borovoy

Alfred Alan Borovoy is a Canadian lawyer best known as the general counsel of the Canadian Civil Liberties Association .He received a Bachelor of Arts in 1953 and a Bachelor of Laws in 1956 from the University of Toronto. He has been awarded four honorary doctorates. He was admitted to the Ontario...

OC served as CCLA General Counsel since 1968. He now serves as General Counsel Emeritus

Emeritus

Emeritus is a post-positive adjective that is used to designate a retired professor, bishop, or other professional or as a title. The female equivalent emerita is also sometimes used.-History:...

. The CCLA's current president is Marsha Hanen, who is also a former president of the University of Winnipeg

University of Winnipeg

The University of Winnipeg is a public university in Winnipeg, Manitoba, Canada that offers undergraduate faculties of art, business and economics, education, science and theology as well as graduate programs. The U of W's founding colleges were Manitoba College and Wesley College, which merged...

. Its current Vice Presidents include Marlys Edwardh

Marlys Edwardh

Marlys Edwardh, CM is a Canadian litigation and civil rights lawyer of international reputation, recognized for upholding the causes of justice and the rights of the wrongfully accused...

, Ed Greenspan Q.C., and John D. McCamus. Its current Board of Directors includes Ed Broadbent

Ed Broadbent

John Edward "Ed" Broadbent, is a Canadian social democratic politician and political scientist. He was leader of the federal New Democratic Party from 1975 to 1989. In the 2004 federal election, he returned to Parliament for one additional term as the Member of Parliament for Ottawa Centre.-Life...

, Frank Addario, David Cronenberg

David Cronenberg

David Paul Cronenberg, OC, FRSC is a Canadian filmmaker, screenwriter and actor. He is one of the principal originators of what is commonly known as the body horror or venereal horror genre. This style of filmmaking explores people's fears of bodily transformation and infection. In his films, the...

and Deepa Mehta

Deepa Mehta

Deepa Mehta, LLD is a Genie Award-winning Indian-born Canadian film director and screenwriter, most known for her Elements Trilogy, Fire , Earth , and Water , among which Earth was submitted by Indian government for Academy Award for Best Foreign Language Film...

.

The CCLA notably spoke out vigorously against the 1970 invocation of the War Measures Act

War Measures Act

The War Measures Act was a Canadian statute that allowed the government to assume sweeping emergency powers in the event of "war, invasion or insurrection, real or apprehended"...

by then Prime Minister of Canada

Prime Minister of Canada

The Prime Minister of Canada is the primary minister of the Crown, chairman of the Cabinet, and thus head of government for Canada, charged with advising the Canadian monarch or viceroy on the exercise of the executive powers vested in them by the constitution...

Pierre Trudeau

Joseph Philippe Pierre Yves Elliott Trudeau, , usually known as Pierre Trudeau or Pierre Elliott Trudeau, was the 15th Prime Minister of Canada from April 20, 1968 to June 4, 1979, and again from March 3, 1980 to June 30, 1984.Trudeau began his political career campaigning for socialist ideals,...

in response to the October Crisis

October Crisis

The October Crisis was a series of events triggered by two kidnappings of government officials by members of the Front de libération du Québec during October 1970 in the province of Quebec, mainly in the Montreal metropolitan area.The circumstances ultimately culminated in the only peacetime use...

in Quebec

Quebec

Quebec or is a province in east-central Canada. It is the only Canadian province with a predominantly French-speaking population and the only one whose sole official language is French at the provincial level....

. Since that time, the CCLA has spoken out publicly on a number of leading civil rights issues, sometimes taking principled positions on issue like hate speech

Hate speech

Hate speech is, outside the law, any communication that disparages a person or a group on the basis of some characteristic such as race, color, ethnicity, gender, sexual orientation, nationality, religion, or other characteristic....

, pornography

Pornography

Pornography or porn is the explicit portrayal of sexual subject matter for the purposes of sexual arousal and erotic satisfaction.Pornography may use any of a variety of media, ranging from books, magazines, postcards, photos, sculpture, drawing, painting, animation, sound recording, film, video,...

and public funding for religious education

Religious education

In secular usage, religious education is the teaching of a particular religion and its varied aspects —its beliefs, doctrines, rituals, customs, rites, and personal roles...

law that have proven controversial. Most recently, the CCLA has become one of the leading voices advocating for accountability and review of policing relating to the 2010 G20 Summit

Summit (meeting)

A summit meeting is a meeting of heads of state or government, usually with considerable media exposure, tight security and a prearranged agenda.Notable summit meetings include those of Franklin D...

in Toronto

Toronto

Toronto is the provincial capital of Ontario and the largest city in Canada. It is located in Southern Ontario on the northwestern shore of Lake Ontario. A relatively modern city, Toronto's history dates back to the late-18th century, when its land was first purchased by the British monarchy from...

, Ontario

Ontario

Ontario is a province of Canada, located in east-central Canada. It is Canada's most populous province and second largest in total area. It is home to the nation's most populous city, Toronto, and the nation's capital, Ottawa....

.

The CCLA's records are preserved at Library and Archives Canada

Library and Archives Canada

Library and Archives Canada is a national memory institution dedicated to providing the best possible account of Canadian life through acquiring, preserving and making Canada's documentary heritage accessible for use in the 21st century and beyond...

Supreme Court of Canada

The CCLA has intervened

Intervener

In law, intervention is a procedure to allow a nonparty, called intervenor to join ongoing litigation, either as a matter of right or at the discretion of the court, without the permission of the original litigants...

in numerous cases before the Supreme Court of Canada

Supreme Court of Canada

The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...

. All of the CCLA's intervenor factums (written legal submissions to the Court) are available on its website. Most of these cases involve the interpretation of the Canadian Charter of Rights and Freedoms

Canadian Charter of Rights and Freedoms

The Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982...

, Canada's constitutional bill of rights:

R. v. Sinclair, R. v. McCrimmon, Willier v. Her Majesty the Queen, 2010 SCC 35, 2010 SCC 36, 2010 SCC 37 [s.10(b) of the Charter - Scope of the constitutional right to counsel in the context of a custodial interrogation].
Globe and Mail v. Canada (Attorney General), 2010 SCC 41 [s.2(b) of the Charter - Journalism privilege against revealing sources in civil litigation and constitutionality of a publication ban].
Canadian Broadcasting Corporation v. Canada (Attorney General), 2011 SCC 2 [s.2(b) of the Charter - Constitutionality of court rules regulating the press and use of cameras in courthouses]
Canadian Broadcasting Corporation v. Her Majesty the Queen, 2011 SCC 3 [s.2(b) of the Charter - Constitutionality of an order forbidding broadcast of a statement made by the accused]
Bou Malhab v. Diffusion Métromédia CMR inc., 2011 SCC 9 [s.2(b) of the Charter - Scope of liability for group defamation in light of the Canadian and Quebec Charters]
R. v. Ahmad 2011 SCC 6 [s.7 of the Charter - Whether s. 38 to 38.16 of the Canada Evidence Act are unconstitutional in relation to criminal proceedings conducted in provincial superior courts]
Ontario (Attorney General) v. Fraser, 2011 SCC 20 [s.2(d) of the Charter - Whether the Agricultural Employees Protection Act violates the Charter in its treatment of agricultural workers].
R. v. Gomboc, 2010 SCC 55 [s.8 of the Charter -- Constitutionality of warrantless monitoring of electricity consumption of private home by the police].
Gavrila v. Canada (Justice), 2010 SCC 57 [Immigration law and s.7 of the Charter - Whether a refugee can be surrendered for extradition to a home country]
R. v. Caron, 2011 SCC 5 [Costs - Concerning the availability of advance cost orders in criminal and quasi-criminal litigation that raises broad reaching public interest issues]
Information and Privacy Commissioner v. Canada (Minister of National Defence), 2011 SCC 25 [Freedom of information - Whether Ministers are covered by the Access to Information Act]
R. v. Cornell, 2010 SCC 31 [s.8 of the Charter - Constitutionality of a violent 'hard-entry' during a search of home]
Vancouver (City) v. Ward, 2010 SCC 27 [s.24(2) of the Charter - Availability of monetary damages as a constitutional remedy]
Toronto Star Newspapers Ltd. v. Canada, 2010 SCC 21 [s.2(b) of the Charter - Constitutionality of mandatory publication bans during bail hearings]
R. v. National Post, 2010 SCC 16 [s.2(b) and 8 of the Charter - Whether journalism privilege protects against revealing sources of information in the context of a criminal investigation]
R. v. Nasogaluak, 2010 SCC 6 [s.24(2) of the Charter - Availability of sentence reductions as a constitutional remedy]
Canada (Prime Minister) v. Khadr, 2010 SCC 3 [s.7 of the Charter - Duty of the government to repatriate citizens in need abroad]
Quan v. Cusson, 2009 SCC 62 [Common-law - Balancing to freedom of expression and responsible journalism with defamation law]
Grant v. Torstar Corp.
Grant v. Torstar Corp.
Grant v. Torstar Corp., , is a 2009 Supreme Court of Canada decision on the defences to the tort of defamation. In it, the Supreme Court ruled that the law of defamation should give way to the rights of a party to speak on matters of public interest, provided party exercises a certain level of...

, 2009 SCC 61 [Common-law - Balancing to freedom of expression and responsible journalism with defamation law]
Desbiens v. Wal-Mart Canada Corp., 2009 SCC 55 [Labour law - Remedies for workers who employers close down business to thwart unionization]
Plourde v. Wal-Mart Canada Corp., 2009 SCC 54 [Labour law - Remedies for workers who employers close down business to thwart unionization]
Miazga v. The Estate of Dennis Kvello, 2009 SCC 51 [Common-law - Essential elements of the tort of malicious prosecution]
Alberta v. Hutterian Brethren of Wilson Colony
Alberta v. Hutterian Brethren of Wilson Colony
Alberta v. Hutterian Brethren of Wilson Colony is a freedom of religion decision by the Supreme Court of Canada. The court addressed whether a requirement that all licensed drivers be photographed unconstitutionally violated the Hutterites' right to freedom of religion.-Background:The Hutterites...

, 2009 SCC 37 [s.2(a) of the Charter - Constitutionality of mandatory photographs on drivers' licences]
R. v. Harrison
R. v. Harrison
R. v. Harrison, is a decision of the Supreme Court of Canada on section 24 of the Canadian Charter of Rights and Freedoms. The decision was a companion case of R. v...

, 2009 SCC 34 [s.24(2) of the Charter - Legal test for the exclusion of unconstitutionally obtained evidence]
R. v. Suberu
R. v. Suberu
R. v. Suberu is a leading decision of the Supreme Court of Canada on section 9 and section 10 of the Canadian Charter of Rights and Freedoms. The Court applied the new test for detention created in the companion case of R. v...

, 2009 SCC 33 [s.24(2) of the Charter - Legal test for the exclusion of unconstitutionally obtained evidence]
R. v. Grant
R. v. Grant
R. v. Grant is a leading decision of the Supreme Court of Canada on section 9, section 10, and section 24 of the Canadian Charter of Rights and Freedoms. The Court created a number of factors to consider when determining whether a person had been detained for the purpose of sections 9 and 10 of...

, 2009 SCC 32 [s.24(2) of the Charter - Legal test for the exclusion of unconstitutionally obtained evidence]
Chatterjee v. Attorney General of Ontario, 2009 SCC 19 [Constitutional law - Constitutionality of the civil forfeiture powers contained in Ontario’s Civil Remedies Act, 2001.]
R. v. Patrick
R. v. Patrick
R. v. Patrick, , is a constitutional decision by the Supreme Court of Canada on the limits of police powers for search and seizure. The Court found that police have the right to take garbage bags placed for collection at edge of a property without warrant...

, 2009 SCC 17 [s.8 of the Charter - Constitutionality of a search of a homeowner's garbage without a warrant]
WIC Radio Ltd., et al. v. Kari Simpson, 2008 SCC 40 [Defamation - Legal test for when the expression of opinion may have harmed the reputation of another]
R. v. Kang-Brown
R. v. Kang-Brown
R. v. Kang-Brown, , is a constitutional decision by the Supreme Court of Canada on the limits of police powers for search and seizure. The Court found that police do not have the right to perform a sniffer-dog search of public spaces when such search is not specifically authorized by statute...

, 2008 SCC 18 and R. v. M.(A.), 2008 SCC 19 [s.8, 24(2) of the "Charter" - Constitutionality of using dogs to conduct random warrantless inspections of high school students]
R. v. Ferguson, 2008 SCC 6 [s.12 and 21(1) of the "Charter" - Constitutionality challenge of a law requiring mandatory minimum sentences]
Bruker v. Marcovitz, 2007 SCC 54 [Contracts - Whether civil courts can enforce a civil obligation to perform a religious divorce]
R. v. Hill, 2007 SCC 41 [Tort of negligence- Whether police officers can be held liable for a negligently conducted investigation]
R. v. Clayton, 2007 SCC 32 [Common law - Scope of the police power to establish a roadblock and to stop and search vehicles and passengers]
R. v. Bryan
R. v. Bryan
R. v. Bryan 2007 SCC 12 is a decision by the Supreme Court of Canada on freedom of expression and Canadian federal elections. The Court upheld a law that prevented the publicizing of election results from some ridings before the polls closed in others....

, 2007 SCC 12 [s.2(b) of the Charter - Constitutionality of a ban on publishing electoral results until all polls have closed]
Charkaoui et al. v. Canada (Citizenship and Immigration), 2007 SCC 9 [s.1, 9, 10, 12, 15 of the "Charter" - Constitutionality of "security certificate" provisions of the Immigration and Refugee Protection Act]
R. v. Déry, 2006 SCC 53 [Criminal law - Whether the Criminal Code contains the offence of "attempted conspiracy"]
Multani v. Commission scolaire Marguerite‑Bourgeoys, 2006 SCC 6 [s.1 of the "Charter" - Whether freedom of religion allows a student to wear a kirpan in school]
R. v. Hamilton, 2005 SCC 47 [Criminal law - Examined the scope of the offence of counselling the commission of a crime]
Reference Same Sex Marriage 2004 SCC 79 [s.2(a) and s.15(1) of the Charter - Constitutionality of a federal law legalizing same-sex civil marriage]
R v. Tessling, 2004 SCC 67 [s.8 of the Charter - Constitutionality of the police conducting warrantless searches of private dwelling houses using infra red technology]
R v. Mann, 2004 SCC 52 [s.8, 24(2) of the Charter - Police powers to detain and search a person without a warrant or reasonable and probable ground an offence has been committed]
La Congrégation des témoins de Jéhovah de St-Jérôme Lafontaine, et al. v. Municipalité du village de Lafontaine, 2004 CSC 48 [s.2 of the "Charter" - Constitutionality of a municipal zoning decision that limited the location of building places of religious worship]
In the matter of an application under § 83.28 of the Criminal Code, 2004 SCC 42 [Terrorism Act - Questioning inter alia the constitutionality of investigative hearings and the over breadth of certain provisions of the Anti-Terrorism Act]
R. v. Malmo-Levine, R. v. Clay
R. v. Clay
R. v. Clay [2003] 3 S.C.R. 735, is a decision by the Supreme Court of Canada on the constitutionality of the prohibition to possess marijuana. The accused claimed that his section 7 Charter rights were violated...

, R. v. Caine, 2003 SCC 74 [s. 7 of the "Charter" - Whether the criminal prohibition against the possession of marijuana violates section 7 of the Charter]
Odhavji Estate v. Woodhouse, [2003] 3 S.C.R. 263 [Tort - Whether the appropriate scope of both the tort of abuse of public office and the tort of negligent supervision of the police, and the appropriate legal principles to be applied when addressing the issues of costs orders against private individuals of modest means who are engaged in public interest litigation]
Lafferty v. Parizeau, (SCC File No. 30103), 2003 SCCA. No. 555 (leave granted but case settled before hearing): [s.2 of the "Charter" - Constitutionality of defamation and the defense of freedom of expression]
Chamberlain v. The Board of Trustees of School District # 36 (Surrey), 2002 SCC 86 [Administrative law - Balancing freedom of religion and equality rights in the public school board's approval of curriculum books]
Retail, Wholesale and Department Store Union, Local 558 v. Pepsi-Cola Canada Beverages (West) Ltd., [2002] 1 S.C.R. 156, in which the issue concerned the extent to which the common law regarding secondary picketing should be modified in light of Charter values]
R. v. Golden, 2001 SCC 83 [s.8 of the Charter - Whether a strip search conducted as an incident to arrest violated the Charter]
Trinity Western University v. British Columbia College of Teachers
Trinity Western University v. British Columbia College of Teachers
Trinity Western University v. British Columbia College of Teachers, [2001] 1 S.C.R. 772, 2001 SCC 31, is a leading Supreme Court of Canada decision on the freedom of religion and the court's ability to review a private school's policies.-Background:...

, 2001 SCC 31 [s.2(a)(b)(d) of the "Charter" - A private religious university's claim to be accredited for certification of its graduates as teachers eligible to teach in the public school system]
R. v. Sharpe
R. v. Sharpe
R. v. Sharpe, [2001] 1 S.C.R. 45, 2001 SCC 2, is a Canadian civil rights decision of the Supreme Court of Canada. The Court upheld the child pornography provisions of the Criminal Code of Canada as a valid limitation of the right to freedom of expression under section 2 of the Canadian Charter of...

, 2001 SCC 2 [s.2(b) of the Charter - Whether criminal Code prohibition of the possession of child pornography is an infringement on the right to freedom of expression]
R. v. Latimer
R. v. Latimer
R. v. Latimer [2001] 1 S.C.R. 3, was a decision by the Supreme Court of Canada in the controversial case of Robert Latimer, a Saskatchewan farmer convicted of murdering his disabled daughter Tracy Latimer. The case had sparked an intense national debate as to the ethics of what was claimed as a...

, 2001 SCC 1 [s.12 of the Charter - Whether mandatory minimum sentence of life imprisonment for second degree murder constitutes cruel and unusual punishment]
Little Sisters Book and Art Emporium v. Canada (Minister of Justice)
Little Sisters Book and Art Emporium v. Canada (Minister of Justice)
Little Sisters Book and Art Emporium v. Canada [2000] 2 S.C.R. 1120, 2000 SCC 69 is a leading Supreme Court of Canada decision on freedom of expression and equality rights under the Canadian Charter of Rights and Freedoms...

, 2000 SCC 69 [s.1 and s.2(b) of the "Charter" - Whether provisions of Canada's customs legislation which permit customs officers to seize and detain material unreasonably infringe on the right to freedom of expression]
United Food and Commercial Workers, Local 1518 (U.F.C.W.) v. KMart Canada Ltd., [1999] 2 S.C.R. 1083 and Allsco Building Products Ltd. v. United Food and Commercial Workers International Union, Local 1288 P, [1999] 2 S.C.R. 1136 [s.1, 2(b) of the Charter - Whether leafleting by striking employees at non-struck workplaces is a protected form of expression]
R. v. Mills
R. v. Mills (1999)
R. v. Mills, [1999] 3 S.C.R. 668 is a leading Supreme Court of Canada decision where the Court upheld the newly enacted rape shield law when challenged as a violation to section 7 and 11 of the Canadian Charter of Rights and Freedoms. The rape shield law was the second of its type, the first having...

, [1999] 3 S.C.R. 668 [s.7, 11(d) of the Charter - Balance between the rights regarding the production of medical and therapeutic records]
Thomson Newspapers Co. (c.o.b. Globe and Mail) v. Canada (Attorney General), 1998 S.C.R. 877 [s.1, 2(b) of the Charter - Whether section 322.1 of the Canada Elections Act
Canada Elections Act
Canada Elections Act is an Act of the Parliament of Canada respecting the election of members of parliament to the Canadian House of Commons, repealing other Acts relating to elections and making consequential amendments to other Acts....

violates the freedom of expression]
R. v. Lucas
R. v. Lucas
R. v. Lucas, [1998] 1 S.C.R. 439 is the leading Supreme Court of Canada decision on defamatory libel. The Court held that the freedom of expression under Section 2 of the Canadian Charter of Rights and Freedoms is subject to the "reasonable limits prescribed by law" set out in Section 1 of the...

, [1998] 1 S.C.R. 439 [s.1, 2(b) of the Charter - Whether s.300 of the Criminal Code constitutes a violation of the freedom of expression]
Winnipeg Child and Family Services (Northwest Area) v. D.F.G, [1997] 3 S.C.R. 925 [Tort of Negligence - Whether the law should permit the state to interfere with the privacy, dignity, and liberty of a pregnant woman where her actions may expose the fetus to serious injury]
R. v. Stillman
R. v. Stillman
R. v. Stillman [1997] 1 S.C.R. 607, was a leading decision of the Supreme Court of Canada on section 24 of the Constitution of Canada which allowed for the exclusion of evidence that is obtained in a manner that infringes the Charter...

, [1997] 1 S.C.R. 607 [s.8, 24(2) of the Charter - Whether alleged unconstitutional police conduct and obtained evidence should be excluded in a criminal investigation]
Ross v. New Brunswick School District No. 15, [1996] 1 S.C.R. 825 [s.1, 2(b) of the Charter - Whether an off duty teacher could defend his discriminatory anti-Semitic statements on freedom of religion]
Adler v. Ontario
Adler v. Ontario
Adler v. Ontario, [1996] 3 S.C.R. 609 is a leading decision of the Supreme Court of Canada on the constitutional obligation to fund private denominational education...

, [1996] 3 S.C.R. 609 [s.1, 2(a), 15(1), 27 of the "Charter" - Whether lack of provincial funding to certain religious day schools violated the Charter]
Hill v. Church of Scientology of Toronto
Hill v. Church of Scientology of Toronto
Hill v. Church of Scientology of Toronto [1995] 2 S.C.R. 1130 was a libel case against the Church of Scientology, in which the Supreme Court of Canada interpreted Ontario's libel law in relation to the Canadian Charter of Rights and Freedoms....

, [1995] 2 S.C.R. 1130 [s.32(1) of the "Charter" - Balancing of freedom of expression with defamation law]
Ramsden v. Peterborough (City)
Ramsden v. Peterborough (City)
Ramsden v. Peterborough , [1993] 2 S.C.R. 1084 is a leading Supreme Court of Canada decision where the Court struck down a bylaw prohibiting all postering on public property on the grounds that it violated freedom of expression under section 2 of the Canadian Charter of Rights and...

, [1993] 2 S.C.R. 1084 [s.1, 2(b) of the "Charter" - Whether a municipal by-law banning posters on public property violated the freedom of expression]
R. v. Zundel
R. v. Zundel
R. v. Zundel [1992] 2 S.C.R. 731 is a landmark Supreme Court of Canada decision where the Court struck down the provision in the Criminal Code of Canada that prohibited publication of false information or news on the basis that it violated the freedom of expression provision under section 2 of the...

, [1992] 2 S.C.R. 731 [s.1, 2(b) of the "Charter" - Whether s.177 of the Criminal Code, prohibiting spreading false news, violated the Charter's guarantee of freedom of expression]
R. v. Butler
R. v. Butler
R. v. Butler, [1992] 1 S.C.R. 452 is a leading Supreme Court of Canada decision on pornography and state censorship. In this case, the Court had to balance the right to freedom of expression under section 2 of the Canadian Charter of Rights and Freedoms with women's rights; the outcome has been...

, [1992] 1 S.C.R. 452 [s.1, 2(b) of the "Charter" - Whether the obscenity provisions in s.163 of the Criminal Code violate the freedom of expression]
R. v. Seaboyer
R. v. Seaboyer
R. v. Seaboyer; R. v. Gayme, [1991] 2 S.C.R. 577 is a leading Supreme Court of Canada decision where the Court struck-down a rape-shield provision of the Criminal Code of Canada as it violated the right to "full answer and defence" under sections 7 and 11 of the Canadian Charter of Rights and...

, [1991] 2 S.C.R. 577 [s.1, 7, 11(d) of the "Charter" - Whether the rape shield provisions of the Criminal Code violated the Charters guarantee of a fair trial]
Lavigne v. Ontario Public Service Employees Union
Lavigne v. Ontario Public Service Employees Union
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 of the Canadian Charter of Rights and Freedoms and freedom of association under section 2 of the Charter.-Background:Francis Lavigne had been...

, [1991] 2 S.C.R. 211 [s.2(b)(d), 32(1) of the "Charter" - Balance of freedom of expression and association with the use of certain political purposes of union dues paid by nonmembers pursuant to an agency shop or Rand formula]
R. v. Keegstra
R. v. Keegstra
R. v. Keegstra, [1990] 3 S.C.R. 697 is a landmark freedom of expression decision of the Supreme Court of Canada where the Court upheld the Criminal Code of Canada provision prohibiting the wilful promotion of hatred against an identifiable group as constitutional under the freedom of expression...

, [1990] 3 S.C.R. 697 [s.2(b) of the Charter - Whether freedom of expression was violated by the Criminal Code provision which made it an offence to willfully promote hatred against an identifiable group]
Canada (Human Rights Commission) v. Taylor, [1990] 3 S.C.R. 892 [s.2(b) of the Charter - Whether freedom of expression was violated by the Human Rights Act that prohibited telephone communication of hate messages]
Tremblay v. Daigle
Tremblay v. Daigle
Tremblay v. Daigle [1989] 2 S.C.R. 530, was a decision of the Supreme Court of Canada in which it was found that a fetus has no legal status in Canada as a person, either in Canadian common law or in Quebec civil law...

, [1989] 2 S.C.R. 530 [s.1, 2 of the Charter - Whether a father of an unborn child could obtain an injunction prohibiting the mother from having an abortion]
Reference: Bill 30, an Act to amend the Education Act (Ont.), [1987] 1 S.C.R. 1148 [s.2(a), 15, 29 of the Charter - Whether Bill 30 violated the freedom of conscience and religion and equality rights]
R. v. Dowson, [1983] 2 S.C.R. 144 and R. v. Buchbinder, [1983] 2 S.C.R. 159 [Criminal law - Whether the Attorney General could order a stay of proceedings under s.508 of the Criminal Code after private information has been received but before the Justice of the Peace has completed an inquiry]
Attorney General of Nova Scotia v. MacIntyre, [1982] 1 S.C.R. 175 [Criminal law - Whether a journalist is entitled to inspect search warrants and the information used to obtain them]
Nova Scotia Board of Censors v. McNeil
Nova Scotia Board of Censors v. McNeil
Nova Scotia v. McNeil, [1978] 2 S.C.R. 662 is a famous pre-Charter decision from the Supreme Court of Canada on freedom of expression and the criminal law power under the Constitution Act, 1867...

, [1978] 2 S.C.R. 662 [s.2 of the"Charter" - Whether statutory provisions and regulations authorizing the Board of Censors to regulate and control the film industry in the province were intra vires the provincial legislature and whether they violated fundamental freedoms, including freedom of speech]
R. v. Miller, [1977] 2 S.C.R. 680 [Criminal law - Whether the death penalty under the Criminal Code constituted cruel and unusual punishment under the Canadian Bill of Rights]
Nova Scotia Board of Censors v. McNeil
Nova Scotia Board of Censors v. McNeil
Nova Scotia v. McNeil, [1978] 2 S.C.R. 662 is a famous pre-Charter decision from the Supreme Court of Canada on freedom of expression and the criminal law power under the Constitution Act, 1867...

, [1976] 2 S.C.R. 265 [Freedom of Expression - Whether a taxpayer has standing to challenge legislation concerning censorship of films]
R. v. Morgentaler
R. v. Morgentaler
R. v. Morgentaler [1988] 1 S.C.R. 30 was a decision of the Supreme Court of Canada wherein the abortion provision in the Criminal Code of Canada was found to be unconstitutional, as it violated a woman's right under section 7 of the Canadian Charter of Rights and Freedoms to "security of person"...

, [1976] 1 S.C.R. 616 [Criminal law - Whether the defence of necessity was applicable to a charge of procuring an unlawful abortion under the Criminal Code]

Provincial Courts of Appeal

The intervened

Intervener

in numerous cases before provincial courts of appeal and the Federal Court of Appeal, including:

Leblanc c. Rawdon (Municipalite de), QCCA: concerning a broad interlocutory injunction restraining the expression of a group of individuals who were accused of defaming a municipality, the municipality's Mayor and the Director General]
R. v. B.D. and K.M., 2010 ONCA (decision pending) [s.7, 8 of the Charter - Constitutionality of the mandatory and reverse onus DNA databanking provisions for certain young offenders]
R. v. N.S. et al., 2010 ONCA (decision pending) [s.2(a), 7 of the Charter - Constitutionality of court order requiring sexual assault complainant to remove her religious face veil in order to testify]
In the Matter of Marriage Commissioners Appointed under the Marriage Act, 2010 SKCA (decision pending) [s.2(a) and 15 of the Charter - Constitutionality of permitting civil marriage commissioners to refuse to perform same-sex marriages on the basis of a religious or conscientious objection]
Whatcott v. Saskatchewan (Human Rights Tribunal), 2010 SKCA 26 [s.2(b) of the Charter - Extent to which Human Rights Code can limit freedom of expression such as leafletting]
Prud'homme c. Rawdon (Municipalité de), 2010 QCCA 584 [Defamation law - Challenge to an interlocutory injunction order an entire website to close due to defamatory content]
R. v. Breeden, 2009 BCCA 463 [s.2(b) of the Charter - Whether the right to freedom of expression applies in certain public and publicly accessible spaces]
Toronto Police Services Board v. (Ontario) Information and Privacy Commissioner, 2009 ONCA 20 [Freedom of Information - Concerning the public’s right to access electronic data]
R. v. Chehil, 2009 NSCA 111 [s.8 of the Charter - Constitutionality of warrantless searches of airline passenger information by police]
Amnesty International Canada v. Canada (Minister of National Defence), 2008 FCA 401 [s.7 and 32 of the Charter - Extraterritorial application of the Charter to Canadian Forces in Afghanistan]
Whatcott v. Assn. Of Licensed Practical Nurses (Saskatchewan), 2008 SKCA 6 [s.2(b) of the Charter - Whether nursing regulatory society can discpline a nurse for picketing abortion clinic]
R. v. Banks, 2007 ONCA 19 [s.2(b), 7, 15 of the "Charter" - Whether provisions of the Ontario Safe Streets Act prohibiting certain forms of soliciting violate subsection 2(b) of the Charter]
Owens v. Saskatchewan Human Rights Commission, 2006 SKCA 41 [s.2(a)(b) of the "Charter" - Whether the Charter’s guarantees of freedom of religion and expression to a provincial statute banning hateful speech]
Genex Communications Inc. v. Attorney General of Canada, [2005] FCA [s. 2 of the "Charter" - Whether a decision by the CRTC to refuse to renew a radio station license is a violation of freedom of expression]
Falkiner v. Ontario (Ministry of Community and Social Services), [2002] 59 O.R. (3d) 481 (C.A.) [s.7, 15 of the "Charter" - Constitutionality of the definition of “spouse” under Ontario's social assistance legislation]
Ross v. New Brunswick Teachers' Association, 2001 NBCA 62 [s.2 of the "Charter" - Balancing of common law tort of defamation with the Charter values underlying freedom of expression.
R. v. Budreo, [2000] 46 O.R. (3d) 481 (C.A.), [s.7 of the "Charter" - Whether section 810.1 of the Criminal Code, which permits a court to impose recognizance on a person likely to commit
Entrop v. Imperial Oil Ltd, [2000] 50 O.R. (3d) 18 (C.A.) [s.5(1) of the Ontario Human Rights Code - Whether the legality of an employer testing employees' urine for drug use sexual offences against a child, violates section 7 of the Charter]
Moumdjian v. Canada (Security Intelligence Review Committee), [1999] 4 F.C. 624 [s.2(d) of the "Charter" - Constitutionality of Immigration Act provisions which impacted on the freedom of association]
Daly v. Ontario (Attorney General), [1999] 44 O.R. (3d) 349 (C.A.) [Discrimination - whether Ontario's constitutionality protected Catholic separate school boards must adhere to the restrictions on employment discrimination contained in the Ontario Human Rights Code]
Zylberberg v. Sudbury Board of Education (Director), [1988] 65 0.R. (2d) 641 (C.A.) [s.2(a) of the "Charter" - Whether an Ontario regulation which provided for religious exercises in public schools violated the Charter's guarantee of freedom of conscience and religion]
R. v. Swain
R. v. Swain
R. v. Swain, [1991] 1 S.C.R. 933 is a leading constitutional decision of the Supreme Court of Canada on certain rights of the mentally ill in their criminal defence...

, [1986] 53 O.R. (2d) 609 (C.A.) [s.7, 9, 12, 15(1) of the "Charter" - Whether the detention of an accused acquitted by reason of insanity violated of the Charter]
R. v. J.M.G., [1986] 56 O.R. (2d) 705 (C.A.) [s.8, 10(b) of the "Charter" - Whether a school principal's seizure of drugs from a student's sock violated the Charter's protection from unreasonable search and seizure]
R. v. Rao, [1984] 46 O.R. (2d) 80 (C.A.) [s.8 of the "Charter" - whether the Narcotic Control Act permitting warrantless searches violated the Charter's guarantee of protection against unreasonable search and seizure]
Re Ontario Film & Video Appreciation Society and Ontario Board of Censors, [1984] 45 O.R. (2d) 80 (C.A.) [s. of the "Charter - Whether a provincial law permitting a board to censor films violated the Charter's guarantee of freedom of expression]
R. v. Oakes
R. v. Oakes
R. v. Oakes [1986] 1 S.C.R. 103 is a case decided by the Supreme Court of Canada which established the famous Oakes test, an analysis of the limitations clause of the Canadian Charter of Rights and Freedoms that allows reasonable limitations on rights and freedoms through legislation if it can be...

, [1983] 40 O.R. (2d) 660 [s.11 of the "Charter" - Whether the reverse onus clause in the Narcotic Control Act violated an accused's right to be presumed innocent]
R. v. Saxell [1980] 33 0. R. (2d) 78 (C.A.) [s.2 of the "Charter" - Whether the detention of an accused acquitted by reason of insanity violated of the Canadian Bill of Rights]
Reference: Legislative Privilege, [1978] 18 O.R. (2d) 529 (C.A.) [Parliamentary Privilege - Whether a member of the legislature has a privilege allowing him/her to refuse to disclose the source or content of confidential communications by informants when testifying at a criminal trial]

Lower Courts

Warman v. Fournier, Fournier and John Does 1-8, 2010 ONSC 2126 [concerning the circumstances under which a website operator can be forced to turn over information that would ‘unmask’ anonymous forum commentators]

Canada (Human Rights Commission) v. Warman, et. al., (Federal Court File No. T-1640-09) [s.13 of the Canadian Human Rights Act - Constitutionality of prohibiting the dissemination of hate speech through telecommunications media, including the Internet (decision pending)]
Toronto Coalition to Stop the War v. Canada (Minister of Public Safety and Emergency Preparedness), 2009 FC 326 [Immigration and Refugee law - Constitutionality of the Minister’s decision to deny UK MP George Galloway entry to Canada to speak at a conference, on the basis that he was a member of a terrorist organization (decision pending)]
Smith v. Mahoney, (United States Court of Appeals for the Ninth Circuit) (Court of Appeal File No. No. 94-99003) [Criminal law - Whether a twenty-seven year period of incarceration pending a sentence of execution amounts of cruel and unusual punishment within the meaning of the Eight Amendment of the United States Constitution.
J.N. v. Durham Regional Police Services Board and the Durham Regional Police Service, (Ontario Superior Court File No. 65572/10) [Criminal law - Whether a non-conviction disposition resulting from criminal charge should appear on a Criminal Information Request created by police]
R. v. Nur, (Ontario Superior Court of Justice File No. P591/09) [Criminal law - concerning whether the minimum mandatory sentence provisions under s.95(2) of the Criminal Code amount to cruel and unusual treatment contrary to s.12 of the Charter]
Warman v. Wilkins-Fournier et. al, 2010 ONSC 2126 [Civil Procedure - Concerning the protection of anonymity of speech on the Internet in the context of disclosure obligations]
Whitcombe and Wilson v. Manderson, 2009 ONSC 31 [Defamation - Concerning a Rule 21 motion to dismiss a defamation lawsuit against a website containing political commentary on the basis that the suit was being funded by a municipality]

Stephen Boissoin and the Concerned Christian Coalition Inc. v. Darren Lund, 2009 ABQB 592 [Human Rights - Whether the provincial human rights can limit a homophobic letter to the editor]

Elmasry and Habib v. Roger’s Publishing and MacQueen (No. 4), 2008 BCHRT 378 [Human Rights - Whether the provincial human rights law can limit the freedom of expression of a news magazine]

Lund v. Boissoin AND The Concerned Christian Coalition Inc. [2006] CarswellAlta 2060 (AHRCC) [Human Rights - Whether the provincial human rights can limit a homophobic letter to the editor]
O'Neill v. Attorney General of Canada, [2006] O.J. No. 4189 (Ont. S.C.J.), [s.2(b), 7 of the "Charter" - Constitutionality of unreasonable search and seizure of a journalist and national security]
Montague v. Page, [2006] 79 O.R. (3d) 515 (Ont. S.C.J.), [s.2(b) of the "Charter" - Whether municipalities are allowed to file defamation suits against residents]
R v. Glad Day Bookshop Inc., [2004] O.J No. 1766 (Ont. Sup. Ct. Jus.), [s.2(b) of the "Charter" - Constitutionality of the statutory regime requiring prior approval and allowing the prior restraint of films]
Ontario (Human Rights Commission) v. Brillinger, [2002] O.J. No. 2375 (Div. Ct.), [s.2(a) of the "Charter" - Balance between freedom of religion and the right to equality]
Toronto Police Association v. Toronto Police Services Board and David J. Boothby (Ont. Div. Ct. Court, File No. 58/2000): regarding the propriety of police fundraising and political activities, and the validity of a by-law and order issued by the Toronto Police Services Board and the Chief of Police, respectively, regarding police conduct. The matter settled prior to the hearing.
R. v. Gill, 29 O.R. (3d) 250 (Ont. Gen. Div.), [s.2 of the "Charter" - Whether section 301 of the Criminal Code, which creates an offence of publishing a defamatory libel, constitutes a violation of the freedom of expression]
Al Yamani v. Canada (Solicitor General) (TD.), [1996] 1 F.C. 174 (T.D.) [s.2(b)(d), s.7 of the "Charter" - Whether the provision in the Immigration Act regarding the deportation of permanent residents on the basis of membership in a class of organizations violated the Charter]
Ontario (Attorney General) v. Langer, [1995] 123 D.L.R. (4th) 289 (Ont. Gen. Div.), [Criminal Code - Constitutionality of ss.163.1 and 164 of the Criminal Code relating to child pornography]
Ontario Human Rights Commission v. Four Star Variety, [1993] (Ontario Board of Inquiry) [s.2(b) of the "Charter" - Whether displaying and selling certain magazines sexually discriminated against women violated the Ontario Human Rights Code and the Charter's guarantee of freedom of expression]
J.H. v. Hastings (County), [1992] O.J. No. 1695 (Ont. Gen. Div.), [Privacy law - Whether disclosure to municipal councilors of a list of social assistance recipients violated the protection of privacy under the Municipal Freedom of Information and Protection of Privacy Act]
Re Ontario Film & Video Appreciation Society and Ontario Film Review Board, [1986] 57 O.R. (2d) 339 (Div. Ct.), [s.2(b) of the "Charter" - Whether actions taken by a film censorship board violated the freedom of expression]
Canadian Newspapers Co. Ltd. v. Attorney-General of Canada, [1986] 55 O.R. (2d) 737 (H.C.), [s.2(b) of the "Charter" - Whether the provision in the Criminal Code limiting newspapers' rights to publish certain information respecting search warrants violated the freedom of expression]
Re Klein v. Law Society of Upper Canada, and Re Dvorak v. Law Society of Upper Canada, [1985] 16 D.L.R. (4th) 489 (Div. Ct.), (Div. Ct.) [s.2(b) of the "Charter" - Whether the Law Society's prohibitions respecting fees advertising and communications with the media violated freedom of expression]
Re Fraser and Treasury Board (Department of National Revenue), [1982] 5 L.A.C. (3d) 193 (P.S.S.R.B.) [s.1, 2(b) of the "Charter" - Whether termination of a civil servant for publicly criticizing government policy violated freedom of expression]

Supreme Court of Canada

Provincial Courts of Appeal

Lower Courts

See also