2010

PHS Community Services Society v. Canada (Attorney General)
Judgment >>

BC Court of Appeal

Canada (Prime Minister) v. Khadr
Judgment >>
Argument >>

Supreme Court of Canada

Canadian Broadcasting Corporation, et al. v. Attorney General of Quebec, et al.
Argument >>

Supreme Court of Canada

2009

City of Vancouver, et al. v. Alan Cameron Ward, et al.
Argument >>

Supreme Court of Canada

Trent Terrence Sinclair v. Her Majesty the Queen and Stanley James Willier v. Her Majesty the Queen
Argument >>

Supreme Court of Canada

The City of Victoria v. Adams et al.
Argument >>

BC Court of Appeal

CJB v. Davies
Argument >>
Judgment >>

BC Court of Appeal

Greater Vancouver Transportation Authority v. Canadian Federation of Students
Argument >>
Judgment >>

Supreme Court of Canada

Sinclair v. Her Majesty the Queen
Argument >>

Supreme Court of Canada

Dixon v. Powell River (City)
Argument >>
Judgment >>

Supreme Court of BC

National Post et al. v. Her Majesty the Queen
Argument >>

Supreme Court of Canada

Downtown Eastside Sex Workers United Against Violence Society and Sheryl Kiselback v. The Attorney General of Canada
Argument >>

BC Court of Appeal

PHS Community service Society and Vancouver Area Network of Drug Users v. Attorney General of Canada and Minister of Health Canada
Argument >>

BC Court of Appeal

Arkinstall v. The City of Surrey
Argument >>

BC Court of Appeal

British Columbia Teachers Federation v. British Columbia (Attorney General)
Argument >>
Judgment >>

BC Supreme Court

2008

The City of Victoria v. Adams et al.
Argument >>
Judgment >>

BC Supreme Court

Chatterjee v. Attorney General of Ontario
Argument >>

Supreme Court of Canada

The Ministry of Public Safety and Security and the Attorney General of Ontario v. The Criminal Lawyers Association
Argument >>

Supreme Court of Canada

Ward v. Her Majesty the Queen in Right of the Province of British Columbia and Ward v. City of Vancouver
Argument >>
Judgment >>

These cases concerned whether compensatory damages can be awarded for a violation of rights guaranteed in the Charter of Rights and Freedoms. The appeals stem from a case brought by an individual, Mr. Cameron Ward, who sought declarations that his rights under the Charter were infringed, as well as damages, for wrongful imprisonment, a jail strip search, and the unreasonable seizure of his car by police. The BCCLA argued that it was necessary to award damages to Mr. Ward in order to provide him with full and effective remedies for the violation of his Charter rights.

B.C. Court of Appeal

Elmasry and Habib v. Rogers Publishing Ltd. and MacQueen
Argument >>
B.C Human Rights Tribunal Decision >>

This complaint before the B.C. Human Rights Tribunal alleged that the publication of an article titled “Why The Future Belongs to Islam” in Maclean’s Magazine and website amounted to discrimination on the basis of religion. The BCCLA intervened in this case and argued for a restrictive application of the Human Rights Code provisions dealing with discriminatory publications, so as to protect freedom of expression. The Tribunal dismissed the complaint, finding that the article did not breach the Human Rights Code and the Tribunal did not have jurisdiction over Maclean’s website. B.C.

Human Rights Tribunal

Arkinstall v. City of Surrey
Argument >>
Reply Argument >>

The Safety Standards Amendments Act, passed in 2006, requires electricity companies to give municipalities information about residents with certain patterns of power consumption, who can then notify police and dispatch “safety officers” to inspect the residence. This civil suit was brought by a Surrey couple who had their hydro disconnected for refusing to allow RCMP to accompany “safety officers” in an inspection of their home. The BCCLA was an intervenor in the case and argued that the legislation is being used as a tool to conduct warrantless searches of citizens’ homes, which is a clear violation of the Charter.

Supreme Court of B.C.

Frank Paul Inquiry
Final argument >>
Frank Paul information >>

This public inquiry is investigating the death of Mr. Frank Paul, a 47 year-old homeless Mi’kmaq man who died in an alley after being left there by police in December 1998. The BCCLA has participated in the inquiry. To date the inquiry has uncovered the significant role the Vancouver Police Department played in Mr. Paul’s tragic death. The inquiry has also highlighted systemic failures in the responses of various institutional agencies to his death. The BCCLA has proposed numerous changes to help prevent similar deaths and deficient investigations in the future, including the decriminalization of intoxication and civilian oversight of investigations into deaths that occur in police custody.

Frank Paul Inquiry

PHS Community Services Society v. Canada (Attorney General) and Vancouver Area Network of Drug Users v. Canada (Attorney General)
Argument >>
Judgment >>

The recent decision of the B. C. Supreme Court granted a supervised injection facility, Insite, located in Vancouver’s Downtown Eastside, a permanent constitutional exemption from prosecution under federal drug laws. The judgment asserted that sections of Canada’s drug laws against possession and trafficking in illegal narcotics were unconstitutional. The BCCLA was an intervenor in these cases and has a long-standing commitment to advocating for safe and sensible drug policies. Canada has appealed the ruling. A hearing at the BC court of appeal has been scheduled for April 2009.

Supreme Court of B.C.

Khadr v. Canada (Minister of Justice)
Argument >>
Supreme Court of Canada decision >>

This decision of the Supreme Court of Canada confirmed that the Charter binds Canadian officials when operating abroad, where Canada would also be acting in contravention of its obligations under international human rights law. The BCCLA intervened in the case and submitted that by gathering evidence from Mr. Khadr and sharing it with American military authorities, Canada’s complicity in the proceedings violated Mr. Khadr’s Charter rights to life, liberty and security of the person.

Supreme Court of Canada

Complainant v. The Wild Coyote Club (Inquiry under the Freedom of Information and Protection of Privacy Act)
Argument >>

The Wild Coyote Club required patrons, upon entering the club, to provide a driver’s licence which is then scanned into a computer, and to allow the club to take a digital photograph of the patron that is also stored in the computer. The BCCLA argued that the practice of scanning and storing the information contained on the driver’s licences of bar patrons violates the Personal Information Protection Act SBC 2003 c. 63, and is an unwarranted and unlawful intrusion into the privacy of patrons.

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.
Summary >>
Documents >>

This is a case filed by the BCCLA and Amnesty in federal court against the Canadian military forces. The case aims to stop the Canadian Forces’ practice of transferring detainees to the custody of the Afghan National Security Forces where the detainees face serious risk of torture.

2007

Simpson v. Mair and WIC Radio Ltd.
Argument >>

This appeal concerned the free speech rights of a speaker on a matter of public interest. The defendant Mair read an editorial he had written on his radio show, in which he referred to the plaintiff on several occasions with negative comments. The BCCLA submitted that the law of defamation must be clarified, keeping in mind the court’s mandate under the Charter of Rights and Freedoms, to ensure stronger and better protection for the fundamental right of freedom of expression.

Supreme Court of Canada

Hayes v. Barker
Argument >>

The BC Court of Appeal upheld a decision by the BC Human Rights Tribunal to accept a human rights complaint for filing. Peter Hayes brought a complaint against the Vancouver Police Department alleging that a VPD officer had denied him a chauffeur's licence because Mr. Hayes engages in “BDSM” sexual behaviour. The BCCLA intervened at both the BC Supreme Court and the Court of Appeal to argue that the Tribunal should be afforded the opportunity to consider whether a restrictive interpretation of the sexual orientation would infringe fundamental rights.

B.C. Court of Appeal

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 Society (1988), the B.C. Pro-Choice Action Network Society, C.A.R.E. Program at the Women’s Heath Centre of British Columbia, 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).
Argument >>

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).
Argument >>

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).
Argument >>

Federal Court

R. v. Terezakis
Argument >>

B.C. Court of Appeal

2006

Constitutionality of Security Certificates: Harkat, Charkaoui, Almrei.

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

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).
Argument >>

The question raised by this appeal was whether government entities have the right to control the content of the expression that took place on the side of buses. The BCCLA argued that refusing to allow the appellants to advertise on the side of buses amounted to an infringement of their section 2(b) Charter Rights, as the proposed location and method of expression did not detract from the values that the Charter was designed to promote.

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).
Argument >>

B.C. Court of Appeal

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

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 Britsh Columbia Civil Liberties Association (Intervenor). (2)
Argument >>

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.
Argument >>

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.
Argument >>

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)
Argument >>

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)
Argument >>

Supreme Court of Canada

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

Supreme Court of Canada

James Chamberlain, Murray Warren, Diane Willcott, Blaine Cook, by his Guardian Ad Litem, Sue Cook and Rosamund Elwin Appellants (Petitioners) 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 Assocation (Intervenors)
Argument >>

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.

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)
Argument >>

1997

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

B.C. Human Rights Tribunal