A motion for an interlocutory injunction was brought to prevent the City of Toronto from enforcing its By-law that prohibited camping and erecting tents, structures, and shelters in City parks, City of Toronto Municipal Code, c. 608. The applicants did not challenge the validity of the By-law but sought an order to have it suspended …Read more

The applicants appealed a decision affirming the constitutionality of Brian’s Law (Mental Health Legislative Reform), 2000, S.O. 2000, c. 9. (“Brian’s Law”), which was enacted by the Ontario legislature in 2000. Brian’s Law amended the Mental Health Act (“MHA”), adding provisions that expanded criteria for involuntary committal in a psychiatric hospital and introduced community treatment …Read more

The applicants’ claim was based on s. 27(1)(b) of the Constitution – the right to sufficient food and water, which they submitted found further expression in the provisions of the Water Services Act 108 of 1997 (“WSA”). Their complaint argued that farm occupiers and labour tenants, especially the applicants, lacked “access to sufficient water, basic …Read more

The applicant, Mr. Slavko Krajnc, was a professional truck driver in Celje, Slovenia. On September 29, 2003, Krajnc was deemed to have “category III work-related disability” as a result of his epilepsy, which rendered him unable to work as a truck driver. Accordingly, he had the right to be assigned to a different, more suitable …Read more

Trevor Bennett (“author”) at the time of submission of the communication was awaiting execution at a prison. He had been convicted of murder and sentenced to death. His appeals to the Court of Appeal and Judicial Committee of the Privy Council were dismissed. He claimed violations of articles 6, 7, 9, 10, and 14 of …Read more

Taylor (T), P (his brother) and S were charged with murdering four persons in May 1992 and were convicted and sentenced to death in July 1994. T claimed that the two years and three months spent in pre-trial detention was unreasonable, given that the primary evidence against him was a statement made by S. He …Read more

Shaw (S) was arrested for the murder of a family and allegedly acknowledged his involvement in the killings  in an interview preceding a caution statement. He claimed that he was not charged with murder until nineteen days later (although it appeared from the file that the delay was actually nine days) and that he was …Read more

Finn (F) was arrested in 1987 and alleged that he was beaten on his way to the police lock up. He also alleged that threats were then made against his life and that he was given no medical treatment. F claimed that complaints about this ill treatment were not responded to. He was charged, together …Read more

Williams (W) was convicted of murder and sentenced to death in December 1988. His appeal was dismissed in December 1990 and a senior lawyer advised him that an application to the judicial committee of the privy council for special leave to appeal would have no prospect of success. An appeal against the classification of his …Read more

Francis (F) had been convicted of murder and sentenced to death in February 1980. An appeal was dismissed in November 1981 and in October 1987 a note of the oral judgment was produced but nothing written was issued. His lawyers had apparently stated that they could find no grounds to argue on his behalf with …Read more

Peart and Peart (A and G) were convicted of murder and sentenced to death in 1988. They claimed that their conviction was based on the uncorroborated evidence of an eyewitness, evidence which had conflicted with a written statement previously made to the police but which they had not been allowed to see before or during …Read more

Simms (S) was awaiting execution following his conviction for murder in 1988 which was based on identification evidence. S complained about weaknesses in the identification evidence, the failure of the judge to direct the jury properly about that evidence, the inadequacy of the representation provided by his legal aid lawyer, the absence of an opportunity …Read more