Browse "Law and Policy"

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Lavell Case

The Lavell case (AG v. Lavell) was a challenge to Canadian law as it related to Indigenous women’s rights under section 12(1)(b) of the Indian Act. As the case moved through the court system, it merged with R v. Bédard and mounted a significant challenge against the patriarchal (male-dominated) and sexist nature of constitutional law in Canada.

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Godbout Case

In the Godbout case (1997), the Supreme Court of Canada unanimously decided that the obligation imposed on all its permanent employees by the city of Longueuil (near Montréal) that they live in the city was unconstitutional.

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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.

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Gladue Case

The Gladue case (also known as R. v. Gladue) is a landmark Supreme Court of Canada decision, handed down on 23 April 1999, which advises that lower courts should consider an Indigenous offender’s background and make sentencing decisions accordingly, based on section 718.2 (e) of the Criminal Code.

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Hébert Case

In the Hébert case (1990), the Supreme Court of Canada spoke directly on the right to silence. Hébert was accused of grand larceny. Advised of his right to counsel, he was imprisoned after the consultation.

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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.

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Robert Pickton Case

From 1978 to 2001, at least 65 women disappeared from the Downtown Eastside district of Vancouver, British Columbia, prompting the largest serial killer investigation in Canadian history. Robert Pickton was charged with murdering 26 of the women, and was convicted on six charges. In a jail cell conversation with an undercover police officer, Pickton claimed to have murdered 49 women.

This article contains sensitive material that may not be suitable for all audiences.

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Mike Duffy Case

Senator ​Mike Duffy was charged with crimes following a public scandal over his expense claims. In April 2016, after a high profile trial, he was cleared of all charges.

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Dennis Oland Case

On 19 December 2015, Dennis Oland was convicted of second-degree murder in the bludgeoning death of his father, Richard (Dick) Oland. A year later the conviction was overturned on appeal, and a new trial ordered. The initial, 65-day trial was the longest in New Brunswick history. It also drew national attention due to its brutal nature and revelations about the storied Oland family, founders of the Moosehead brewing empire. In 2019, Dennis Oland was found not guilty of the murder in his retrial.

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Robert Latimer Case

In 1993, Saskatchewan farmer Robert Latimer killed his severely disabled daughter Tracy. His prosecution for murder attracted national and international attention, and raised contentious issues concerning euthanasia.

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Guy Paul Morin Case

The Guy Paul Morin case was the second major wrongful conviction case to occur in the modern era of the Canadian criminal justice system.

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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).

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Michael Wayne McGray Case

Michael Wayne McGray once boasted of being Canada’s worst serial killer. He was convicted of seven homicides but claimed to have committed as many as 11 other murders in Canada and the United States between 1985 and 1998.

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Elizabeth Wettlaufer Case

Elizabeth Wettlaufer is a former nurse who murdered eight elderly patients and attempted to harm six others in southwestern Ontario between 2007 and 2016. One of the most prolific serial killers in Canadian history, she was sentenced to life in prison for the murders in 2017. The case prompted widespread public outrage and made headlines internationally. It later resulted in lawsuits against Wettlaufer, and the nursing homes she worked for, and a sweeping provincial inquiry into flaws in Ontario’s long-term care system.

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Fred Christie Case

The Fred Christie Case (1939) is a decision of the Supreme Court of Canada that allowed private businesses to discriminate on the basis of freedom of commerce. In July 1936, Fred Christie and two friends went to the York Tavern attached to the Montreal Forum to have a beer. The staff refused to serve them because Christie was Black. Christie sued, eventually bringing his case to the Supreme Court, which ruled that the York Tavern was within its rights to refuse to serve people on the basis of race. The case reveals an era of legalized racism, while its facts hide the subtle ways that racism operated in early 20th-century Canada.

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Sylliboy Case

Mi’kmaq Grand Chief Gabriel Sylliboy is believed to be the first to use the 1752 Peace and Friendship Treaty to fight for Canada’s recognition of treaty rights. In his court case, R. v. Sylliboy (1928), he argued that the 1752 treaty protected his rights to hunt and fish, but he lost the case and was subsequently convicted. In 1985, when the Supreme Court of Canada ruled in R. v. Simon — another case concerning Mi’kmaq hunting rights — it found that the 1752 treaty did in fact give Mi’kmaq people the right to hunt on traditional territories. This judgment vindicated both Sylliboy and James Simon of the 1985 case. In 2017, almost 90 years after his conviction, Sylliboy received a posthumous pardon and apology from the Government of Nova Scotia.

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Valentine Shortis Case

The 1895 Valentine Shortis murder trial was a landmark case in Canadian judicial history. It revealed inadequacies in the legal definitions of criminal responsibility and insanity, and because of political implications, reached into the highest offices of government.