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 LEGAL ARGUMENTS

 


The ability of the BCCLA to prepare legal arguments is largely dependent upon the provision of free legal services from Canadian lawyers. The following legal arguments were prepared on behalf of the BCCLA by members of the legal community.
Arguments are sorted by issue following the listings by date.

 
Arguments sorted by date
2008

Insite — Supervised injection facility

Supreme Court of B.C.


The question raised by the appeal is what constitutional duties Canada owes Omar Khadr under the Charter in light of flagrantly illegal conduct of the American government.

Supreme Court of Canada


In the Matter of a Complaint between a Complainant and The Wild Coyote Club and Treoscope Technologies and Bar Watch, BC Civil Liberties Association, BC Freedom of Information and Privacy Association, Alliance of Beverage Licenses: Scanning and storing information contained in drivers' licenses.

Office of the Information and Privacy Commissioner


Amnesty International Canada and British Columbia Civil Liberties Association v. Chief of the Defence Staff for the Canadian Forces, Minister of National Defence and Attorney General of Canada, Court File Number T-324-07.
2007

Donald David Spratt (Appellant) and Regina (Respondent) and between Gordon Stephen Watson (Appellant) and Regina (Respondent) and the Access Coalition (Elizabeth Bagshaw Society, Everywoiiian’s Health Centre Aociety (1988), the B.C. Pro-Choice Action Network Society, C.A.R.E. Program at the Women’s Heath Centre of British Colunibia, the Women’s Legal Education and Action Fund), the Canadian Nurses for Life, the Christian Legal Fellowship, the Catholic Civil Rights League and the Evangelical Fellowship of Canada, and the B.C. Civil Liberties Association (Intervenors).

B.C. Court of Appeal


Royal City Jewellers and Loans Ltd. and the City of New Westminster (Respondent) and the Attorney General of B.C. (Intervenor) and the B.C. Civil Liberties Association (Intervenor).

B.C. Court of Appeal


British Columbia Civil Liberties Association (Applicant) and Paul Kennedy, Commission Chairman of the, the Royal Canadian Mounted Police Public Complaints Commission, Royal Canadian Mounted Police, Attorney General of Canada and Giuliano Zaccardelli (Respondents).

Federal Court


R. v. Terezakis

B.C. Court of Appeal

2006

Constitutionality of Security Certificates: Harkat, Charkaoui, Almrei.


Kevin Barker and Peter M. Hayes v. Vancouver Police Department.

Supreme Court of B.C.
The Canadian Federation of Students (British Columbia component) and the British Columbia Teachers' Federation (Appellants) v. the Greater Vancouver Transportation Authority and British Columbia Transit (Respondents) and British Columbia Civil Liberties Association (Intervenor).

B.C. Court of Appeal

The Canadian Federation of Students (British Columbia component) and the British Columbia Teachers' Federation (Appellants) v. The Greater Vancouver Transportation Authority and British Columbia Transit (Respondents) and British Columbia Civil Liberties Association (Intervenor).

B.C. Court of Appeal


Julie Berg (Appellant) and Police Complaint Commissioner, Dirk Ryneveld, Q.C. (Respondent) and David Bruce-Thomas (Respondent).

B.C. Court of Appeal
2005
The Canadian Federation of Students (British Columbia component) and the British Columbia Teachers' Federation (Appellants) v. the Greater Vancouver Transportation Authority and British Columbia Transit (Respondents) and British Columbia Civil Liberties Association (Intervenor). (1)

Supreme Court of B.C.
The Canadian Federation of Students (British Columbia component) and the British Columbia Teachers' Federation (Appellants) v. The Greater Vancouver Transportation Authority and British Columbia Transit (Respondents) and Britsh Columbia Civil Liberties Association (Intervenor). (2)

Supreme Court of B.C.

Christopher Stephen Myles Kempling (Appellant) and the British Columbia College of Teachers (Respondent) argument of the Intervenor B.C. Civil Liberties Association.

B.C. Court of Appeal
Terry Lee May (Appellant) and Warden of Ferndale Institution, Warden of Mission Institution, Deputy Commissioner, Pacific Region, Correctional Service of Canada and Attorney General of Canada.

Supreme Court of Canada
2004
Application for intervention in the Arar inquiry.
Application for intervention in the Arar inquiry - Affidavit.
In the matter of a reference by the Governor in Council concerning the proposal for an act respecting certain aspects of legal capacity for marriage for civil purposes.

Supreme Court of Canada
2003
Christopher Stephen Myles Kempling (Appellant) and the British Columbia College of Teachers (Respondent) argument of the Intervenor B.C. Civil Liberties Association.

B.C. Supreme Court
2002
City of Vancouver (Plaintiff) and Claude Maurice, Kerry Pakarinen, Anton Pilippa, Craig Ballantyne, Jim Leyden, Jane Doe, John Doe and Other Persons Unknown, erecting, maintaining, or occupying tents, structures and other objects on City of Vancouver Streets in the 100 block West Hastings Street, Vancouver, British Columbia (Defendants) and B.C. Civil Liberties Association (Intervenor).

Supreme Court of B.C.
Global BC (also known as BCTV News) a division of Global Communications Limited; CKVU, a division of CHUM Limited; Canadian Broadcasting Corporation; CTV Inc.; CTV Television Inc.; CIVT, a division of CTV Television Inc. (d.b.a. BC CTV, formerly VTV); the Radio Television News Directors’ Association of Canada; and Ad Idem - Advocates in Defence of Expression in the Media (Appellants) and Dimitros Pilarinos, Glen David Clark and the Attorney General of British Columbia (Respondents) and the Attorney General of Canada, the Attorney General of Quebec, the Attorney General of Ontario, the Attorney General of Manitoba, the British Columbia Civil Liberties Association (Intervenors)

Supreme Court of Canada
Christopher James Clay, Victor Eugene Caine, David Malmo-Levine (Appellants) v. R. and the Attorney General of Ontario, the British Columbia Civil Liberties Association, the Canadian Civil Liberties Association (Intervenors)

Supreme Court of Canada
2001
Richard Sauvé (Respondent) v. the Chief Electoral Officer of Canada, the Solicitor General of Canada, and the Attorney General of Canada (Appellant).

Supreme Court of Canada
2000
APEC inquiry
1999
James Chamberlain, Murray Warren, Diane Willcott, Blaine Cook, by his guardian Ad Litem, Sue Cook and Rosamund Elwin (Appellants) and the Board of Trustees of School District #36 (Surrey)(Respondent) and Egale Canada Inc. and the British Columbia Civil Liberties Association (Intervenor)

Appeal Court of B.C.
1997
Canadian Jewish Congress (Complainant) v. North Shore Free Press d.b.a. North Shore News and Doug Collins (Respondents)

B.C. Human Rights Tribunal

 
 Legal Arguments sorted by issue
 ANTI-TERRORISM
2008

The question raised by the appeal is what constitutional duties Canada owes Omar Khadr under the Charter in light of flagrantly illegal conduct of the American government.

Supreme Court of Canada

Amnesty International Canada and British Columbia Civil Liberties Association v. Chief of the Defence Staff for the Canadian Forces, Minister of National Defence and Attorney General of Canada, Court File Number T-324-07.
2006
Constitutionality of Security Certificates: Harkat, Charkaoui, Almrei.
2004
Application for intervention in the Arar inquiry.
Application for intervention in the Arar inquiry - Affidavit.
 
 PRIVACY
 2008
In the Matter of a Complaint between a Complainant and The Wild Coyote Club and Treoscope Technologies and Bar Watch, BC Civil Liberties Association, BC Freedom of Information and Privacy Association, Alliance of Beverage Licenses: Scanning and storing information contained in drivers' licenses.

Office of the Information and Privacy Commissioner
 POLICE
2007
Royal City Jewellers and Loans Ltd. and the City of New Westminster (Respondent) and the Attorney General of B.C. (Intervenor) and the B.C. Civil Liberties Association (Intervenor).

B.C. Court of Appeal

British Columbia Civil Liberties Association (Applicant) and Paul Kennedy, Commission Chairman of the, the Royal Canadian Mounted Police Public Complaints Commission, Royal Canadian Mounted Police, Attorney General of Canada and Giuliano Zaccardelli (Respondents).

Federal Court

2006

Kevin Barker and Peter M. Hayes v. Vancouver Police Department.

Supreme Court of B.C.


Julie Berg (Appellant) and Police Complaint Commissioner, Dirk Ryneveld, Q.C. (Respondent) and David Bruce-Thomas (Respondent).

B.C. Court of Appeal

2000
APEC inquiry

 

 FREEDOM of SPEECH & EXPRESSION
2007

Donald David Spratt (Appellant) and Regina (Respondent) and between Gordon Stephen Watson (Appellant) and Regina (Respondent) and the Access Coalition (Elizabeth Bagshaw Society, Everywoman’s Health Centre Aociety (1988), the B.C. Pro-Choice Action Network Society, C.A.R.E. Program at the Women’s Heath Centre of British Colunibia, the Women’s Legal Education and Action Fund), the Canadian Nurses for Life, the Christian Legal Fellowship, the Catholic Civil Rights League and the Evangelical Fellowship of Canada, and the B.C. Civil Liberties Association (Intervenors).

B.C. Court of Appeal

2006
The Canadian Federation of Students (British Columbia component) and the British Columbia Teachers' Federation (Appellants) v. the Greater Vancouver Transportation Authority and British Columbia Transit (Respondents) and British Columbia Civil Liberties Association (Intervenor).

B.C. Court of Appeal
The Canadian Federation of Students (British Columbia component) and the British Columbia Teachers' Federation (Appellants) v. The Greater Vancouver Transportation Authority and British Columbia Transit (Respondents) and British Columbia Civil Liberties Association (Intervenor).

B.C. Court of Appeal


2005
The Canadian Federation of Students (British Columbia component) and the British Columbia Teachers' Federation (Appellants) v. the Greater Vancouver Transportation Authority and British Columbia Transit (Respondents) and British Columbia Civil Liberties Association (Intervenor). (1)

Supreme Court of B.C.

The Canadian Federation of Students (British Columbia component) and the British Columbia Teachers' Federation (Appellants) v. The Greater Vancouver Transportation Authority and British Columbia Transit (Respondents) and Britsh Columbia Civil Liberties Association (Intervenor). (2)

Supreme Court of B.C.

Christopher Stephen Myles Kempling (Appellant) and the British Columbia College of Teachers (Respondent) argument of the Intervenor B.C. Civil Liberties Association.

B.C. Court of Appeal
2003

Christopher Stephen Myles Kempling (Appellant) and the British Columbia College of Teachers (Respondent) argument of the Intervenor B.C. Civil Liberties Association.

B.C. Supreme Court


2002
City of Vancouver (Plaintiff) and Claude Maurice, Kerry Pakarinen, Anton Pilippa, Craig Ballantyne, Jim Leyden, Jane Doe, John Doe and Other Persons Unknown, erecting, maintaining, or occupying tents, structures and other objects on City of Vancouver Streets in the 100 block West Hastings Street, Vancouver, British Columbia (Defendants) and B.C. Civil Liberties Association (Intervenor).

Supreme Court of B.C.
1999

R. v. John Robin Sharpe (Respondent)

Supreme Court of Canada


1997
Canadian Jewish Congress (Complainant) v. North Shore Free Press d.b.a. North Shore News and Doug Collins (Respondents)

B.C. Human Rights Tribunal

 
 CENSORSHIP
1999
Little Sisters Book and Art Emporium, B.C. Civil Liberties Association, James Eaton Deva and Guy Allen Bruce Smythe (Appellants) and Minister of Justice and Attorney General of Canada, Minister of National Revenue, Attorney General of British Columbia (Respondents)

Supreme Court of Canada
 
 PRISONERS' RIGHTS
2005
Terry Lee May (Appellant) and Warden of Ferndale Institution, Warden of Mission Institution, Deputy Commissioner, Pacific Region, Correctional Service of Canada and Attorney General of Canada.

Supreme Court of Canada


2001
Richard Sauvé (Respondent) v. the Chief Electoral Officer of Canada, the Solicitor General of Canada, and the Attorney General of Canada (Appellant).

Supreme Court of Canada
 
 DISCRIMINATION
2004
In the matter of a reference by the Governor in Council concerning the proposal for an act respecting certain aspects of legal capacity for marriage for civil purposes.

Supreme Court of Canada
2002
James Chamberlain, Murray Warren, Diane Willcott, Blaine Cook, by his guardian Ad Litem, Sue Cook and Rosamund Elwin (Appellants) and the Board of Trustees of School District #36 (Surrey)(Respondent) and Egale Canada Inc., Elementary Teachers’ Federation of Ontario, British Columbia Civil Liberties Association, the Board of Trustees of School District no. 34 (Abbotsford), Canadian Civil Liberties Association, Families in Partnership, the Evangelical Fellowship of Canada, the Archdiocese of Vancouver, the Catholic Civil Rights League and the Canadian Alliance for Social Justice and Family Values Association (Intervenors)

Supreme Court of Canada
2000
Trinity Western University

Supreme Court of Canada
1999
James Chamberlain, Murray Warren, Diane Willcott, Blaine Cook, by his guardian Ad Litem, Sue Cook and Rosamund Elwin (Appellants) and the Board of Trustees of School District #36 (Surrey)(Respondent) and Egale Canada Inc. and the British Columbia Civil Liberties Association (Intervenor)

Appeal Court of B.C.
 
 MISCELLANEOUS
2008

Insite — Supervised injection facility

Supreme Court of B.C.

2007
R. v. Terezakis

B.C. Court of Appeal

2002
Chritopher James Clay, Victor Eugene Caine, David Malmo-Levine (Appellants) v. R. and the Attorney General of Ontario, the British Columbia Civil Liberties Association, the Canadian Civil Liberties Association (Intervenors)

Supreme Court of Canada


Global BC (also known as BCTV News) a division of Global Communications Limited; CKVU, a division of CHUM Limited; Canadian Broadcasting Corporation; CTV Inc.; CTV Television Inc.; CIVT, a division of CTV Television Inc. (d.b.a. BC CTV, formerly VTV); the Radio Television News Directors’ Association of Canada; and Ad Idem - Advocates in Defence of Expression in the Media (Appellants) and Dimitros Pilarinos, Glen David Clark and the Attorney General of British Columbia (Respondents) and the Attorney General of Canada, the Attorney General of Quebec, the Attorney General of Ontario, the Attorney General of Manitoba, the British Columbia Civil Liberties Association (Intervenors)

Supreme Court of Canada

2000
International Forest Products Limited, Elaho Logging Ltd., and B.R. Adam Limited (Plaintiffs) and Barney Kern, John Doe, Jane Doe, and Persons Unknown (Defendants)

Supreme Court of B.C.