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Article

Canada’s Cold War Purge of LGBTQ from Public Service

Between the 1950s and the 1990s, the Canadian government responded to national security concerns generated by Cold War tensions with the Soviet Union by spying on, exposing and removing suspected LGBTQ individuals from the federal public service and the Canadian Armed Forces. They were cast as social and political subversives and seen as targets for blackmail by communist regimes seeking classified information. These characterizations were justified by arguments that people who engaged in same-sex relations suffered from a “character weakness” and had something to hide because their sexuality was considered a taboo and, under certain circumstances, was illegal. As a result, the RCMP investigated large numbers of people. Many of them were fired, demoted or forced to resign — even if they had no access to security information. These measures were kept out of public view to prevent scandal and to keep counter-espionage operations under wraps. In 2017, the federal government issued an official apology for its discriminatory actions and policies, along with a $145-million compensation package.

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Westray Charges Stayed

As other Canadians prepared last week to celebrate the country's 131st birthday, families of the 26 men who died in the May, 1992, Westray mine explosion girded themselves for a more sombre undertaking.

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Book Reviews: Bernardo Case

This article was originally published in Maclean’s magazine on October 9, 1995. Partner content is not updated.

Most of the gaps have been filled by the publication of Deadly Innocence (Warner, 564 pages, $6.99), written by Toronto Sun reporters Scott Burnside and Alan Cairns, and Lethal Marriage (Seal, 544 pages, $7.99), by The Toronto Star's Nick Pron.

Article

Sustainability in Canada

Sustainability is the ability of the biosphere, or of a certain resource or practice, to persist in a state of balance over the long term. The concept of sustainability also includes things humans can do to preserve such a balance. Sustainable development, for instance, pairs such actions with growth. It aims to meet the needs of the present while ensuring that future people will be able to meet their needs.

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Latimer Convicted, Again

This article was originally published in Maclean’s magazine on November 17, 1997. Partner content is not updated.

Robert Latimer watches in detached amusement as a kitten plays with his shoelaces. It is the day after a second jury has found him guilty of second-degree murder, and he is relaxing with half a dozen relatives on the deck in front of his modest farmhouse in Wilkie, Sask.

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Father Admits to Drowning Kids

This article was originally published in Maclean’s magazine on March 29, 1999. Partner content is not updated.

As soon as she heard the news, Katharina (Tina) Marlatt felt sick, and suspicious. It was the day of the drowning deaths of her former boyfriend Thomas Dewald's two children, Christopher, 12, and Jennifer, 10. They died on Aug.

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Latimer Sentenced

A hundred and seventy years ago in England, about 200 crimes carried the death penalty. People were publicly hanged for offences ranging from murder to the theft of food or pocket change.

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Air India Bombing Arrests

The calls to Perviz Madon's North Vancouver home began at 9 a.m. on Friday with the first rumours. After more than 15 years, callers said, RCMP members were arresting suspects in the murder of her husband, Sam, and 328 other passengers and crew of Air India Flight 182.

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Joudrie Not Guilty

This article was originally published in Maclean’s magazine on May 20, 1996. Partner content is not updated.

It was nearly 48 hours since the jury had begun its deliberations - and that followed more than two weeks of complex, emotion-packed testimony. And so when it finally came, the denouement of Dorothy Joudrie's attempted murder trial in Calgary late last week seemed all the more sudden.

Article

Pamajewon Case

The Pamajewon case (1996) (also known as R. v. Pamajewon) was the first case in which First Nations in Canada argued an inherent right to self-government before the Supreme Court. Spearheaded by two Anishinaabe First Nations, Eagle Lake and Shawanaga, the claimants argued that the Indigenous right to self-government included a right to control gambling practices on reserves. The Supreme Court ruled that these First Nations did not have rights to high-stakes gaming under self-government.

Article

Calder Case

The Calder case (1973) — named for politician and Nisga’a chief Frank Calder, who brought the case before the courts — reviewed the existence of Aboriginal title (i.e., ownership) claimed over lands historically occupied by the Nisga’a peoples of northwestern British Columbia. While the case was lost, the Supreme Court of Canada’s ruling nevertheless recognized for the first time that Aboriginal title has a place in Canadian law. The Calder case (also known as Calder et al. v. Attorney General of British Columbia) is considered the foundation for the Nisga’a Treaty in 2000 — the first modern land claim in British Columbia that gave the Nisga’a people self-government.

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Omar Khadr Case

Omar Khadr is a Toronto-born Canadian, captured by American soldiers after a firefight in Afghanistan in 2002, when he was 15 years old. The only minor since the Second World War to be convicted of purported war crimes, Khadr was imprisoned in Guantanamo Bay and Canada for almost 13 years in total. In 2010, the Supreme Court of Canada ruled that Khadr’s detainment violated “the principles of fundamental justice” and “the most basic Canadian standards about the treatment of youth suspects.” Despite repeated attempts by the Canadian government to keep him in prison, Khadr was released on bail in May 2015. In July 2017, he received $10.5 million in compensation from the government for Canada’s role in violating his constitutional rights. In March 2019, an Alberta judge declared that Khadr had completed his war crimes sentence, making him a free man.

Article

Keegstra Case

Jim Keegstra was a secondary school teacher in rural Alberta who taught anti-Semitic propaganda to his students. He was charged with a hate crime in 1984 and was found guilty in 1985. However, Keegstra launched repeated appeals arguing that the Criminal Code violated his constitutionally guaranteed freedom of expression. The landmark case (R. v. Keegstra) tested the balance between the right to freedom of speech outlined in the Canadian Charter of Rights and Freedoms and the law’s limits on hate speech stipulated in the Criminal Code. The case came before the Supreme Court of Canada in 1990 and 1996. The Court ultimately ruled against Keegstra by deciding that Canada’s hate laws imposed a “reasonable limit” on a person’s freedom of expression.

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Everett Klippert Case

Everett George Klippert was the only Canadian ever declared a dangerous sexual offender and sentenced to what amounted to life in prison, for no other reason than he was a gay man. Outrage over that sentence, which was upheld by the Supreme Court of Canada in 1967, led to the decriminalization of gay sex two years later. Klippert was released from prison in 1971. In 2016, Prime Minister Justin Trudeau indicated he would recommend a pardon for Klippert. The following year, the Trudeau government formally apologized and issued a compensation package to men who were charged, convicted and punished simply because they were gay.

Article

Delgamuukw Case

The Delgamuukw case (1997) (also known as Delgamuukw v. British Columbia) concerned the definition, the content and the extent of Aboriginal title (i.e., ownership of traditional lands). The Supreme Court of Canada observed that Aboriginal title constituted an ancestral right protected by section 35(1) of the Constitution Act, 1982. Influenced by the Calder case (1973), the ruling in the Delgamuukw case had an impact on other court cases about Aboriginal rights and title, including in the Tsilhqot’in case (2014).

Article

Duty to Consult

The duty to consult is a statutory, contractual and common law obligation that must be fulfilled by the Crown prior to taking actions or making decisions that may have consequences for the rights of Indigenous peoples in Canada. The duty to consult has been affirmed and clarified by various Supreme Court of Canada rulings, such the Haida case (2004) and the Beckman v. Little Salmon/Carmacks case (2010). The duty to consult is considered by many to be an important step toward reconciliation with Indigenous peoples.