Keyword
Canadian Charter of Rights and Freedoms
Alberta considering changes to impaired driving legislation
August 21, 2017 by Canadian UnderwriterThe Government of Alberta has announced that it will “look at implementing changes” to impaired driving legislation in the province following a recent Court of Appeal of Alberta decision. On May 18, 2017, the Court of Appeal ruled that part…
Police are conducting ‘search’ when knocking on door to investigate allegations of drinking and driving: Court
April 20, 2017 by Canadian UnderwriterCanada’s highest court announced Thursday it will not hear a crown appeal of an impaired driving acquittal, in which a Saskatchewan Provincial Court judge ruled that a police officer knocking on the apartment door of a registered vehicle owner constituted…
Damages claim against provincial energy board a ‘dramatic jurisprudential development:’ Judge
January 18, 2017 by Canadian UnderwriterA recent Supreme Court of Canada decision leaves “open the possibility that members of a quasi-judicial regulatory board could be sued for damages” by someone accusing that board of violating their constitutional rights, a constitutional law professor told Canadian Underwriter…
Alberta Energy Resources Conservation Board immune from $50,000 lawsuit alleging Charter rights violations: Supreme Court
January 16, 2017 by Canadian UnderwriterLaws that shield quasi-judicial decision makers and public inquiry officials from personal damages claims are meant to protect their impartiality, a Supreme Court of Canada judge suggested in a ruling released Friday. Jessica Ernst sought a remedy of $50,000 from…
Court challenge to Ontario auto dispute resolution system ‘scheduled to proceed’ to hearing Feb. 13
November 4, 2016 Greg Meckbach, Associate EditorA constitutional challenge to Ontario’s auto accident benefits dispute resolution system is scheduled for a three-day hearing next February, but the retired judge who recommended that AB disputes go before a public sector administrative tribunal suggested Wednesday that it would…
Alberta Traffic Safety Act imposes ‘statutory duty’ on motorists to remain at scene, co-operate with police: Court
October 17, 2016 by Canadian UnderwriterAn Alberta motorist who argued that breath samples ought to have been excluded as court evidence was unsuccessful in appealing convictions of impaired driving and dangerous driving, the Supreme Court of Canada announced Friday. In a ruling released Nov. 20,…
Driving while drug-impaired case reaches Supreme Court of Canada over admissibility of police opinion evidence
October 13, 2016 by Canadian UnderwriterThe Supreme Court of Canada heard Thursday an appeal over the admissibility of opinion evidence, in an impaired driving trial, from a police drug recognition expert, as to whether a defendant’s ability to operate a motor vehicle was impaired by…