Litigation and Interventions

CCLA has been involved in dozens of cases at various levels of the judicial system. Where possible, CCLA's position as expressed in its factum or affidavit has been provided below; in some cases, where such documents are not available, the court's opinion has been included instead.

2008

• Toronto Police Services Board v. Rankin - access to information in computer database
• Mohamed Elmasry v. Roger’s Publishing Ltd. - “hate speech” complaint against Macleans (British Columbia)
• R. v. Suberu - the right to counsel during investigative detentions
• R. v. Grant - the exclusion of evidence in criminal trials under s. 24(2) of the Charter

2007

• R. v. Ferguson - mandatory minimum sentences
• WIC Radio Ltd. and Rafe Mair v. Kari Simpson - defamation law: expressions of opinion and public personalities
• Lund v. Boissoin - Provincial Hate Speech Laws
• Whatcott - nurse disciplined for anti-abortion picketing
• R. v. M.(A).: searches using drug-sniffing dogs

2006

• R. v. Bryan - publication ban on election results
• Bruker v. Marcovitz: enforcement of a religious obligation
• Hill vs. Hamilton Police: Tort of Negligent Police Investigation
• O'Neill v. Canada: Security of Information Act
• R. v. Clayton and Farmer: Roadblocks
• Charkaoui v. Canada: Security Certificates
• R. v. Dery: Attempting to Conspire

2005

• Montague v. Page: Municipal Defamation
• R. v. Andrew M.: Drug Sniffing Dogs in Schools
• Owens v. Saskatchewan Human Rights Commission: Provincial Hate Speech Laws
• Multani v. Commission: Kirpans (Religious daggers) in Schools
• Genex Communications Inc. v. CRTC: Radio Stations and Free Speech

2004

• CCLA v. OCCPS: Breach of the Peace
• CCLA v. OCCPS: Police Complaints by Witnesses
• R v. Hamilton: Counselling the Commission of an Offence
• Charkaoui v. Ministry of Citizenship and Immigration: Security Certificates
• Lafferty v. Parizeau: Defamation & the Defence of Fair Comment
• Same-Sex Marriage Reference
• R v. Tessling: Police Searches with Infra-red Cameras

2003

• Re Criminal Code s. 83.28: Judicial Investigative Hearings
• R. v. Glad Day Bookships: Film Censorship
• Broomer v. Ontario (AG): Lifetime Welfare Ban
• RCMP-CPC v. Canada (Attorney General): RCMP Complaints Investigation and Informers' Privilege
• Congregation of Jehovah's Witnesses v. LaFontaine: Religious Freedom and Zoning Laws
• R v. Mann: Constitutionality of Investigative Detentions

2002

• Odhavji Estate v. Woodhouse: Police Supervision
• R v. Malmo-Levine: Marijuana
• Banks v. Her Majesty the Queen: Safe Streets Act & Panhandling

2001

• Falkiner v. Ontario: Spouse-in-the-House Welfare Rule
• Chamberlain v. Surrey: Religion and GLBT Books in Schools
• Brockie v. Ontario Human Rights Commission: Religious Freedom and GLBT Equality

2000

• Local 558 v. Pepsi-Cola: Secondary Picketing
• Trinity Western University v. B.C. College of Teachers: Religion and Discrimination at Teaching Colleges
• Suresh v. Canada (Ministry of Citizenship and Immigration): Refugees and Terrorism
• Little Sisters Book and Art Emporium v. Canada: Obscenity
• R v. Latimer: Minimum Mandatory Sentences
• R v. Golden: Police Strip-Searches

1999

• Moumdjian v. Canada (SIRC): Deportation on Security Grounds
• Ross v. New Brunswick Teachers' Assn: Defamation and Public Figures
• R v. Sharpe: Child Pornography

1998

• CCLA v. Canada (AG): CSIS Surveillance
• Allsco Building Prod. Ltd. v. United Food and Commercial: Secondary Picketing
• R v. Mills: Admissibility of Therapy Records
• Daly v. Attorney General (Ontario): Religious School Teachers
• R v. Budreo: Sex Offenders

1997

• IOUE Local 793 v. Sarnia Cranes Ltd.: Employee Drug Testing
• Thomson Newspapers Co. v. Canada (Attorney General): Election Polls
• Entrop v. Imperial Oil: Workplace Drug Testing
• R v. Lucas: Criminal Defamation

1996

• Winnipeg Child and Family Services v. D.F.G.: Fetal Rights
• Adler v. Ontario: Private Religious Schools
• R v. Stillman: Admissibility of Illegally-Obtained Evidence

1995

• Hill v. Church of Scientology: Defamation & the Charter
• R. v. Gill: Criminal Defamation
• Ross v. New Brunswick School District No. 15: Standards for Dismissing Teachers

1994

• Al Yamani v. Canada (Solicitor General): Deportation on Security Grounds
• Canada (Canadian Human Rights Commission) v. Toronto Dominion Bank: Workplace Drug Testing
• In Re Paintings, Drawings, and Photographic Slides of Paintings: Child Pornography

1993

• Ramsden v. Peterborough (City): Anti-Postering By-Laws
• Toronto (City) v. Quickfall: Anti-Postering By-Laws
• In Re Mike's Smoke & Gifts: Pornography and Sex Discrimination

1991

• Doe v. Ontario (IPC): Access to Information
• R. v. Zundel: False News Prohibition
• J.H. v. Hastings County: Publication of Welfare Recipients List
• R v. Butler: Obscenity Law

1990

• Lavigne v. OPSEU: Union Dues and Freedom of Association

1989

• Taylor v. CHRC: Hate Speech Laws
• R. v. Seaboyer: Rape Shield Laws
• Patterson v. Paar: Contact/Publication Bans
• R. v. Keegstra: Hate Speech Laws
• Daigle v. Tremblay: Abortion Injunctions

1988

• International Fund for Animal Welfare, Inc. v. Canada: Protest Rights
• CCLA v. Ontario (Minister of Education): Religious Education in Schools

1987

• Reference re Bill 30: Religious School Funding

1986

• Zylberberg v. Sudbury Board of Education: Religion in Schools
• R. v. Kopyto: Scandalising the Court
• R. v. J.M.G.: Student Searches
• Canadian Newspapers Co. v. Attorney General (Canada): Publication of Search Warrants

1985

• R. v. Swain: Committment of Criminal Insane Defendants
• Klein v. Law Society: Lawyer Advertising

1984

• R. v. Rao: Search Warrants
• Ontario Film and Video Appreciation Society v. Ontario Board of Censors: Film Censorship

1983

• R. v. Dowson: Private Prosecutions
• R. v. Moore: Inmate Supervision

1982

• R. v. Oakes: Reverse Onus Clauses
• In re Jack Pinkofsky: Lawyer Conduct

1981

• Attorney General (NS) v. MacIntyre: Public Access to Search Warrants

1980

• R. v. Saxell: Detention of Criminally Insane

1979

• Solicitor General (Canada) v. Royal Comm'n: Police Testimony

1978

• Re Education Act and North York: Religion in Schools

1977

• Legislative Privilege Reference

1976

• R. v. Miller: Capital Punishment

1975

• Nova Scotia Bd. of Censors v. McNeil: Standing

1974

• R. v. Morgentaler: Abortion