This Week in the Canadian Charter of Rights and Freedoms 2018-07-22

By Scott Douglas Jacobsen

“VANCOUVER—A spokesperson for the anti-pipeline encampment near Trans Mountain’s Burnaby facility says her charter rights to religion could be violated if Camp Cloud is evicted on Saturday.

A ceremonial “sacred fire,” Coast Salish prayers performed “24/7” at the controversial site, and a carving house represent spiritual practices related to “protecting the lands and waters” from a pipeline or tanker spill, said Sto:lo nation member Kwitsel Tatel.”

Source: https://www.thestar.com/vancouver/2018/07/20/protesters-fighting-eviction-of-anti-trans-mountain-pipeline-camp-say-they-have-god-on-their-side.html.

“Manitoba’s public-sector unions lost a bid Friday for a temporary court injunction against a provincial government bill that would freeze wages for 110,000 workers.

Court of Queen’s Bench Justice James Edmond rejected a request from more than a dozen unions — representing teachers, nurses, civil servants and others — to delay the wage freeze until a full court hearing on its constitutional validity can be held.

“Courts will rarely order that laws that Parliament or the legislature have duly enacted for the public good will not operate or be enforceable in advance of a full constitutional review,” Edmond wrote in his 50-page ruling.

“I am not satisfied that this is one of those clear cases of a charter violation (where) an interlocutory injunction or stay should be granted pending a trial on the constitutionality of the (bill).””

Source: https://www.cbc.ca/news/canada/manitoba/court-denies-union-injunction-1.4755980.

An in-depth look at this and other subjects are covered in the current issue of the Morneau Shepell News & Views

TORONTOJuly 19, 2018 /CNW/ – Morneau Shepell released the July 2018 issue of its monthly newsletter, News & Views, in which the Company looked at a number of topics including: an Ontario human rights tribunal’s ruling that finds exclusion of post-65 employee benefits discriminatory, British Columbia’s recommendation for insured long-term disability (LTD) plans, Quebec’s adoption of Bill 176 prohibiting “orphan” clauses and the impact of recent family and estate law cases on pension plan administration.

  • Ontario rules exclusion of post-65 employees benefits as discriminatory – A ruling by the Ontario Human Rights Tribunal stated that exemptions in the Ontario Human Rights Code that permit employers to exclude post-65 employees from employment benefits were contrary to the Canadian Charter of Rights and Freedoms, and the usual prohibitions on age discrimination should be applied. If upheld by the courts, employers could be required to add employees to their benefits plan or demonstrate that the termination of benefits for those over 65 is reasonable. Employers failing to do so will face potential human rights complaints.
  • British Columbia recommends insurance for long-term disability plans – In March 2018, the British Columbia Ministry of Finance released a “Preliminary Recommendations” document following review of the province’s Financial Institutions Act and Credit Union Incorporation Act. The document included a recommendation to require employee long-term disability (LTD) plans to be insured, with exemptions for employers with low risk of insolvency. The proposal will potentially affect all employers with provincially regulated employees in British Columbia who currently offer self-funded LTD arrangements.”

Source: https://www.newswire.ca/news-releases/exclusion-of-post-65-employee-benefits-ruled-as-violation-of-canadian-charter-of-rights-and-freedoms-688619831.html.

“An Ontario judge has pulled the rug out from the Canada Revenue Agency’s political-activity audits of Canadian charities, ruling the Income Tax Act infringes on the constitutional right to free expression.

Monday’s ruling immediately quashes a longstanding rule limiting to 10 per cent the resources any Canadian charity is permitted to devote to political activities.

The decision by Justice Edward Morgan of the Ontario Superior Court of Justice is a reprieve for the tiny Ottawa group that launched the challenge — Canada Without Poverty — which has been under formal notice of losing its charitable status since 2016.”

Source: https://www.cbc.ca/news/politics/charity-political-audits-cra-lebouthillier-farha-poverty-environmental-gray-liberal-1.4750295.

“A Federal Court judge has set aside a decision to refer the case of Abdoul Abdi to a deportation hearing, saying Ottawa “blatantly” ignored the Somali child refugee’s Charter rights and did not consider international law.

In a written decision dated July 13, Justice Ann Marie McDonald said a delegate of the Public Safety Minister failed to consider the Charter of Rights and Freedoms and international law in arriving at her decision, despite being statutorily mandated to render a decision consistent with the charter.

“Most blatantly, the [delegate’s] decision discloses no indication that the [delegate] even considered the charter values,” said Justice McDonald, who does not name the delegate in her decision.”

Source: https://www.theglobeandmail.com/canada/article-judge-sets-aside-decision-to-refer-abdoul-abdi-case-to-deportation-2/.

Scott Douglas Jacobsen is the Founder of In-Sight: Independent Interview-Based Journal and In-Sight Publishing. He authored/co-authored some e-books, free or low-cost. If you want to contact Scott: Scott.D.Jacobsen@Gmail.com.

Do not forget to look into our associates: Godless Mom, Nice Mangoes, Sandwalk, Brainstorm Podcast, Left at the Valley, Life, the Universe & Everything Else, The Reality Check, Bad Science Watch, British Columbia Humanist Association, Dying With Dignity Canada, Canadian Secular Alliance, and Centre for Inquiry Canada.

Photo by Cris DiNoto on Unsplash

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