Steering Charter Claims in the Right Direction
Williams v. British Columbia (Superintendent of Motor Vehicles), 2012 BCSC 1976 featured an unsuccessful argument that the respondent, the statutory decision-maker who follows up on road-side penalties administered by the provincial police force, had jurisdiction to grant Charter remedies. The applicant complained that his right to counsel had been violated because he had not been […] Read more
Section 1 of the Charter: A (Con)Way Out of the Morass?
Section 1 of the Charter of Rights and Freedoms provides that any infringement of a Charter right must be “prescribed by law”, a requirement that must be satisfied by the government before an application of the proportionality test. The jurisprudence on section 1 is very messy and has been criticized. Indeed, the Supreme Court of […] Read more