On October 29, 2014 the government introduced Bill C‑44, an Act to amend the Canadian Security Intelligence Service Act and other (related) Acts, cited in short form as the Protection of Canada from Terrorists Act. Public Safety Minister Steven Blaney stated that the amendments put forward under Bill C‑44 are required to keep Canadians safe from terrorism and to protect and uphold the privacy of confidential informants. However, in achieving the government’s stated goals, Bill C‑44 deliberately pushes the limits of Canadians’ right to privacy, protection from unreasonable search and seizure, and the right to life, liberty and security of the person.
Civil Rights
Protecting public debate through anti-SLAPP legislation
August 28th, 2014 by Shelina AliLast week, Greenpeace Canada filed a defence in a claim by Resolute Forest Products Inc. This was the result of a failed motion by Greenpeace to have Resolute’s claim for intentional interference with economic relations dismissed by the Divisional Court of Ontario, together with an order requiring Greenpeace to pay $20,000 in costs. According to Resolute’s claim, Greenpeace widely distributed the Unsustainability Report on Resolute, together with other targeted communications to customers, investors and stakeholders, which harmed Resolute’s business, goodwill and reputation.
In response to the filing of its defence, Greenpeace stated that Resolute benefited from filing its claim in Ontario instead of Quebec where Resolute’s headquarters were located, because Ontario did not have legislation designed to prevent what are referred to as Strategic Lawsuits against Public Participation (SLAPPs).
Does the right to housing belong in Canada’s Charter of Rights and Freedoms?
May 29th, 2014 by Shelina AliThis week, the Ontario Court of Appeal is hearing an appeal of the 2013 court decision in Tanudjaja et. al. v. Attorney General (Canada) et al. dismissing an application — of four individuals who identified as homeless, together with the Centre for Equality Rights in Accommodation (the Applicants) — concerning the right to housing. The application in Tanudjaja asked the Ontario Superior Court of Justice to, among other things, make a declaration that the Government of Canada’s and the Government of Ontario’s failure to implement a national and provincial housing strategy violates the federal and provincial government’s obligations under sections 7 and 15(1) of the Charter of Rights and Freedoms (the Charter). By seeking this declaration, the application put the issue of whether social and economic rights are embodied in the Charter squarely in front of the court.
Whose freedom of expression is the Harper government protecting?
January 30th, 2014 by Shelina AliLast week, in Prime Minister Stephen Harper’s address to the Israeli Knesset, he equated criticisms of the Israeli state and its policies with anti-Semitism. He stated that “most disgracefully of all, some openly call Israel an apartheid state,” continuing on to say that “it is nothing short of sickening.”
Mr. Harper’s strong condemnation of individuals who criticize Israel’s policies and practices raises serious concerns about his government’s commitment to protecting political speech in Canada. His comments should be seen in light of his government’s claw‑back of hate speech legislation in the name of freedom of expression. In acting as a champion of freedom of expression, while targeting critics of the Israeli government and its policies, Mr. Harper has attempted to redefine political speech as speech that would meet the definition of hate speech under the Criminal Code. These contradictory actions should raise serious doubts about whose expression the Harper government is actually committed to protecting.
Policing at the G20: Brian’s Letter to the Mayor
June 30th, 2010 by Brian IlerDavid, I want to let you know my concerns regarding the police actions last weekend.
While the police have a difficult job to do, there were clearly decisions as to how policing would be handled at the highest level that demand answers: This is not about individual officers’ misdeeds, although there was ample evidence of those.
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