Cases
Equality Law
R. v. Rhodes
This case has been referred to by many as the “sex is in the air” case. On October 12, 2010 the appellant Rhodes was convicted of sexually assaulting the complainant, a young Aboriginal woman half his size, on the side of a deserted highway north of Thompson Manitoba. During the assault the complainant cried that [...]
Eric v. Lola (SCC)
LEAF has been granted leave to intervene and present oral argument in this appeal. The case involves a s.15 equality rights Charter challenge to the exclusion of de facto (common law) spouses from the articles of the Québec Civil Code (“CCQ”) Book on the Family which provide for spousal support, sharing of property and rights [...]
Saskatchewan Human Rights Commission v. Whatcott
LEAF is intervening in this SCC appeal to be heard on October 12, 2011. The case involves a freedom of expression and freedom of religion Charter challenge to the provisions of The Saskatchewan Human Rights Code which prohibit extreme forms of hate speech. LEAF argues that hate speech, like sexual harassment, is a practice of [...]
N.S. v. R. (SCC)
LEAF is intervening at the appeal of this case before the Supreme Court of Canada. The hearing is scheduled for December 8, 2011. Further detail can be found under Recent Cases and under the R. v. N.S. 2010 entry dealing with the Ontario Court of Appeal intervention and decision.
R. v. D.A.I.
On February 10, 2012 the SCC released its decision in R. v. D.A.I. confirming the importance of access to justice for sexual assault complainants with intellectual and other disabilities. In the past, these women were excluded from testifying if they couldn’t explain the meaning of concepts like promise, truth and falsehood. No other category of [...]
L.M.P. v. L.S.
L.M.P. v. L.S. is an important Supreme Court of Canada family law appeal which could significantly and detrimentally affect women’s entitlement to spousal support. The appeal concerns a lower court Order terminating a disabled wife’s spousal support four years following the parties’ divorce. At the time of divorce, the parties had negotiated a Consent to [...]
Andrews v. The Law Society of British Columbia (1989)
his was the Supreme Court of Canada’s first decision on the meaning of Section 15 of the Charter. Mr. Andrews, a British lawyer, argued that the B.C. rule restricting the practice of law to Canadian citizens violated his equality rights under the Charter on the basis of citizenship. LEAF intervened in this case to present [...]
Ferrel v. A.G (1998)
Marilyn Ferrel challenged the constitutionality of the Job Quotas Repeal Act which was enacted by the Ontario government to repeal the Employment Equity Act (EEA). The EEA had been created by a previous government to eliminate systemic discrimination in employment against women, racial minorities, people with disabilities and Aboriginal peoples. LEAF intervened in this case [...]
Attorney General of Canada v. Daniels
An Aboriginal woman from Saskatchewan was convicted of second-degree murder and convicted to life imprisonment. At issue was whether she should be sent from Saskatchewan to the Prison for Women in Kingston, Ontario. LEAF intervened in the Sakatchewan Court of Appeal to support a ruling that such a move would be in violation of race [...]
Withler v. Canada (SCC)
On March 17, 2010, LEAF intervened in the Supreme Court of Canada case of Withler v. Canada. The case is significant since it is the first appeal heard by the Supreme Court of Canada in over two years in which the only basis for the challenge is a violation of s.15 equality rights under the [...]
