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Cases Before the Supreme Court of
Canada

Some of the SCC cases that can be considered
for the POL 324 essay assignment include:
Little Sisters Bookstore v AG BC & AG Canada
Issues:
Charter of Rights and Freedoms - Civil - Civil rights - Administrative
Law - Whether the "prior restraint" of freedom of expression before goods
being imported are determined to be "obscene" under the Customs regime
violates s. 2(b) of the Charter of Rights and Freedoms - Whether the legislative
prohibition of importation of "obscene" goods is contrary to s. 2(b) of
the Charter of Rights and Freedoms - Whether the prohibition of importation
of "obscene" goods violates s. 15(1) of the Charter of Rights and Freedoms
by discriminating against homosexuals.
BC Court of Appeal: Full
Text of BCCA decision
Rejected Appeal.
BC Supreme Court: Full
Text of BCSC decision
Refected: Application for declaration that the legislative scheme prohibiting
the importation of obscene goods was of no force and effect for violating
s.2(b) and s. 15(1) of the Charter dismissed; granted a declaration to
the effect that the administration of the legislative scheme had, from
time to time, resulted in violations of the Applicants' s. 2(b) and s.
15(1) Charter rights.
Westbank First Nation v. BC Hydro
Issues:
1. Is the Province constitutionally competent to constitute the Respondent,
British Columbia Hydro and Power Authority ("B.C. Hydro"), an agent of
the Province for the purpose of acquiring and holding interests within
exclusive federal jurisdiction, namely an interest in land on an Indian
Reserve?
2. If the answer to question 1 is yes, is the interest of B.C. Hydro,
an agent of Her Majesty the Queen in Right of British Columbia, in land
and improvements located on the reserves ("Reserves") of the Appellant,
Westbank First Nation ("Westbank") immune, as a result of the application
of s. 125 of the Constitution Act, 1867 , from taxation imposed by Westbank
pursuant to assessment and taxation bylaws ("Bylaw") promulgated pursuant
to the authority of s. 83(1)(a) of the Indian Act, R.S.C. 1985, c. I-5?
If so, are such Bylaws purpoting to impose such taxation ultra vires, or
inapplicable to B.C. Hydro?
3. If the answer to question 2 is no, does the Indian Act, R.S.C. 1985,
c.I-5 authorize the passing of bylaws imposing taxation on the interests
of the Provincial Crown or its agents on Indian reserves? If not, are the
Bylaws ultra vires or inapplicable to the extent that they purport to impose
taxation on the interests of B.C. Hydro on the Westbank Reserves?
BC Court of Appeal: Full
Text of Decision
BC Supreme Court: Full
Text of Decision
Granvosky v. Minister of Employment & Immigration
Issues:
Canadian Charter - Civil - Canada Pension Plan Act, R.S.C. 1985, c.C-8
- Whether the contributory requirements for disability benefits contained
in the Canada Pension Plan Act discriminate against temporarily disabled
individuals contrary to s. 15(1) of the Charter - If so, whether the discrimination
can be reasonably and demonstrably justified in a free and democratic society
pursuant to s. 1 of the Charter.
Federal Court of Appeal: Full
Text of Decision
Lovelace & the Ardoch Algonquin First Nation v. Ontario
& The Chiefs of Ontario
Issues:
Constitutional law - Canadian Charter - Civil - Canadian Charter of
Rights and Freedoms - Section 15 - Indians - Whether the Court of Appeal
erred in deciding that the agreement between Ontario and Ontario's Indian
Bands registered pursuant to the Indian Act to develop the Casino Rama
project does not discriminate against the Applicants who were excluded
from negotiations and participation in the project - Whether the Court
of Appeal erred in deciding that Ontario's decision not to include the
Applicants in the Casino Rama project does not violate s.91(24) of the
Constitution Act, 1867.
Ontario Court of Appeal: June 1997
Ontario Court of Justice: July 1996
Public School Boards' Association of Alberta v.Alberta
Issues:
Constitutional Law - Schools - Whether the Constitution of Canada impliedly
or by convention guarantees the reasonable autonomy of school boards -
Whether the School Act, 1988, S.A. c. S-3.1, as amended, violates the Constitution
of Canada - Whether public schools have been denied a right enjoyed by
separate schools to opt out of a provincial system of school funding in
violation of a constitutional guarantee of "mirror" equality between public
and separate schools - Whether public school boards in Alberta have been
denied fairness, equal government and legislative treatment in respect
to funding or equal ability to make expenditures without discrimination
- Whether Court of Appeal erred in concluding that s.17(1) of the Alberta
Act does not provide for "mirror equality" between public and separate
school boards - Whether Court of Appeal erred in concluding that the School
Act, 1988, S.A. c. S-3.1, as amended, is not discriminatory within the
meaning of s.17(2) of the Alberta Act.
Alberta Court of Appeal: March 1998
Alberta Court of Queen's Bench: Novermber 1995
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