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|    The federal government's court-case losi    |
|    04 Nov 14 13:53:13    |
      XPost: can.politics, bc.politics, mtl.general       XPost: ab.politics       From: Panca@nyet.ca              Some of you will want to keep this list as we go towards the next federal       election - now LESS THAN a year away.       ________________________________________________              CBC News Posted: Jul 04, 2014              The federal government's court-case losing streak                     The Conservative government is once again dealing with a disappointing court       decision over one of its policies after the Federal Court of Canada ruled       Friday that cuts to health care for rejected refugee claimants were "cruel and       unusual."              The government has already said it will appeal the ruling to the Federal Court       of Appeal.              The sharply worded decision, which gave the government four months to reverse       the changes introduced in 2012, is just the latest in a string of key legal       defeats for the government. Here's a look at some other recent setbacks:              * June: Supreme Court upholds privacy rights              The court's ruling that internet service providers must not disclose names,       addresses and phone numbers of their customers to law enforcement officials       without a warrant is expected to force the government to change bills on       cyberbullying (C-13) and digital privacy (S-4) currently before Parliament.              * April: Feds can't go it alone on Senate reform              Senate reform has been one of Stephen Harper's signature political causes, one       that has become all the more urgent against a festering Senate expenses       scandal. But the government's attempt to gain some clarity about its powers to       change — or failing that, abolish — the upper chamber ran into a       constitutional       brick wall. The court ruled that reforms, including term limits or Senate       elections, or abolishing the Senate altogether, could only be done with the       consent of at least seven provinces representing at least half of the       population.              * April: Judges have discretion on sentencing              In a unanimous ruling, the high court affirmed that offenders can receive extra       credit for time spent in custody before they are sentenced, a blow against the       government's Truth in Sentencing Act, which attempted to curb the practice by       allowing it only in "exceptional" circumstances. The ruling, which was       precedent-setting but did not strike down the law, gave judges the right to       apply the extra credit for time served but did not reject the government's       limit of a 1.5 credit.              * March: Medical marijuana users win injunction              A Federal Court judge granted an injunction to medical marijuana users with a       personal production licence to allow them to continue to grow their own       marijuana at home until their constitutional challenge of the government's new       system of medical marijuana distribution can be heard. The government is       appealing the court's decision to the Federal Court of Appeal.              * March: Early parole abolition repealed              Another blow to the Conservatives' law-and-order agenda came with the Supreme       Court ruling against the retroactive abolition of accelerated parole for       offenders who had already been sentenced. That violated the offenders' charter       rights, the court ruled in striking down section 10(1) of the Abolition of       Early Parole Act.              * March: Marc Nadon rejected by Supreme Court              Perhaps the most embarrassing defeat came with the Supreme Court's rejection of       Harper's choice to fill a vacant seat on the court. The court ruled that       Justice Marc Nadon was not eligible to represent Quebec on the bench because he       was appointed from the Federal Court and not a Quebec court or directly from       the Quebec bar as dictated by the Constitution and the Supreme Court Act. The       government was compelled to seek a ruling from the court after a legal       challenge by Toronto lawyer Rocco Galati, who has since challenged another       judicial appointment as well as the government's new citizenship bill. The       Nadon decision later touched off an unprecedented public exchange of comments       between Harper and Chief Justice Beverley McLachlin.              * December 2013: Court strikes down prostitution laws              In a landmark unanimous decision, the court struck down Canada's 25-year-old       prostitution laws that prohibited brothels, living on the avails of       prostitution and communicating in public with clients and gave the government a       year to come up with a new law. The government introduced new legislation in       June that makes it a crime to buy sex not sell it, unless minors are present.              * November 2013: No mandatory minimums for guns              Ontario's highest court ruled that a three-year mandatory minimum sentence for       possessing a loaded prohibited gun is unconstitutional, striking down a section       of the Conservatives' 2008 omnibus bill as "cruel and unusual punishment" for a       first offence. The decision came in the case of a man found taking pictures of       himself in his underwear holding a loaded gun to post on Facebook.              * September 2011: Supervised injection clinic remains open              A landmark ruling from the Supreme Court ordered the federal minister of health       to grant a Vancouver supervised injection clinic an exemption under Canada's       drug laws so it can remain open. The ruling gave the minister discretion to       approve or deny future requests for exemptions, but required the government to       balance public safety and charter rights when making the decision.       ____________________________________________________               http://www.cbc.ca/news/politics/the-federal-government-s-court-       ase-losing-streak-1.2696593              --- SoupGate-Win32 v1.05        * Origin: you cannot sedate... all the things you hate (1:229/2)    |
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