Asper Centre Cases
Polygamy Reference Case: British Columbia Supreme Court
The Asper Centre, jointly with the Canadian Coalition for the Rights of Children, has been 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 will be presenting arguments based upon the impact of the case and the practice of polygamy on the constitutional rights of children.
The Reference Question
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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 Summary
Read our factum
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
Read our factum
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
Conway v. Her Majesty the Queen, et. al.
The Asper Centre was granted standing as an intervener jointly with the Criminal Lawyer's Association in its first case before the Supreme Court of Canada. The case examines the constitutional jurisdiction of the Ontario Review Board which reviews the treatment of persons found not criminally responsible under the Criminal Code of Canada. At issue was whether the Review Board has jurisdiction under s. 24(1) of the Charter to find Charter violations and provide appropriate and just remedies for them.
Together with the Criminal Lawyer's Association the Asper Centre argued that a Review Board does have such jurisdiction as it arises from the remedial structure of the Review Board; the board already has jurisdiction over the subject matter, parties, and remedies; the board has the necessary expertise; and there is restricted access to courts or other avenues to Charter remedies for NCR detainees.
The Supreme Court released its decision June 11, 2010 declaring that a Review Board is a court of competent jurisdiction to grant remedies under s. 24(1) of the Charter. However, the particular remedies sought could not be granted given the Board's statutory scheme.
Supreme Court Decision
Supreme Court Summary
Asper Centre and Criminal Lawyer's Association Factum
Webcast of the legal argument