Polygamy Reference Case: British Columbia Supreme Court
The Asper Centre, jointly with the Canadian Coalition for the Rights of Children, was granted standing as interested persons in the Reference by the Lieutenant Governor in Council set out in Order in Council No. 533 dated October 22, 2009 Concerning the Constitutionality of s. 293 of the Criminal Code of Canada, R.S.C. 1985, c. C 46, (offence of polygamy). The Centre and the Coalition presented arguments based upon the impact of the case and the practice of polygamy on the constitutional rights of children. On November 23, 2011, Chief Justice Bauman released his decision in the case in which he declares that the prohibition is consistent with the Canadian Charter of Rights and Freedoms except to the extent that it applies to young people ages 12 to 17 who enter into polygamous marriages or unions. While he held that the provision infringes s.2(a) - freedom of religion - he found that the infringement is a reasonable limit under s.1 of the Charter due to the evidence presented of real and apprehended harms to women, children and society.
Our Commentary on the Decision
British Columbia Supreme Court Judgment - November 23, 2011
The Reference Question
Our Closing Argument
Court Documents
Her Majesty the Queen in Right of the Province of Alberta v. Caron
The Asper Centre was granted intervener standing on its own for the first time in this case which addresses the availability of advance costs in test case Charter litigation. The case was heard on April 14, 2010.
Supreme Court Judgment
Our Summary of the Decision
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Prime Minister of Canada et al. v. Omar Khadr
The Asper Centre, jointly with U. of T.'s International Human Rights Program and Human Rights Watch, was granted standing as an intervener in the government's appeal from the Federal Court's decision to order the Prime Minister to request Omar Khadr's repatriation to Canada. Background materials are available on the Faculty of Law's Khadr webpage. The Supreme Court released its decision in the case on January 29, 2010 declaring that Omar Khadr's rights had been breached, but refraining from ordering the Prime Minister to seek repatriation.
Khadr Webpage
Supreme Court Decision
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Globe and Mail Op Ed by Prof. Audrey Macklin, Diana Juricevic and Executive Director, Cheryl Milne
Webcast of the legal argument
City of Vancouver, et al. v. Alan Cameron Ward, et al.
The Asper Centre, jointly with British Columbia Civil Liberties Association, was granted standing as an intervener in this appeal before the Supreme Court of Canada heard on January 18, 2010. The case addressed the question of whether damages are available for the infringement of a right or freedom guaranteed by the Charter in the absence of bad faith, an abuse of power or tortious conduct on the part of the infringer. The Court's decision, released on July 23, 2010,upheld the award of damages for the breach of the Respondent's rights under s.8 of the Charter.
Supreme Court's decision
Read our factum
Webcast of the legal argument