| |
|
|
s07 – Limitations on Human Rights
Freedom of expression curtailed for ‘unacceptable behaviour’ Naik, R (on the application of) v Secretary of State for the Home Department [2001] EWCA Civ 1546 (19 December 2011) Summary The England and Wales Court of Appeal has upheld a decision to refuse entry to the UK to an Indian national, finding that exclusion on the [...]
Victorian Court of Appeal considers Charter post-Momcilovic WK v The Queen [2011] VSCA 345 (30 November 2011) Summary In a recent appeal from an interlocutory decision of the County Court, the Victorian Court of Appeal held, by a majority of 2:1, that s 32 of the Charter of Human Rights and Responsibilities Act 2006 (Vic) [...]
Tribunal considers special measures and discrimination under the Charter and new Equal Opportunity Act Parks Victoria (Anti-Discrimination Exemption) [2011] VCAT 2238 (28 November 2011) Cummeragunja Housing & Development Aboriginal Corporation (Anti-Discrimination Exemption) [2011] VCAT 2237 (28 November 2011) The Ian Potter Museum of Art (Anti-Discrimination Exemption) [2011] VCAT 2236 (28 November 2011) Summary On 28 [...]
Tribunal considers special measures and discrimination under the Charter and new Equal Opportunity Act Parks Victoria (Anti-Discrimination Exemption) [2011] VCAT 2238 (28 November 2011) Cummeragunja Housing & Development Aboriginal Corporation (Anti-Discrimination Exemption) [2011] VCAT 2237 (28 November 2011) The Ian Potter Museum of Art (Anti-Discrimination Exemption) [2011] VCAT 2236 (28 November 2011) Summary On 28 [...]
Tribunal considers special measures and discrimination under the Charter and new Equal Opportunity Act Parks Victoria (Anti-Discrimination Exemption) [2011] VCAT 2238 (28 November 2011) Cummeragunja Housing & Development Aboriginal Corporation (Anti-Discrimination Exemption) [2011] VCAT 2237 (28 November 2011) The Ian Potter Museum of Art (Anti-Discrimination Exemption) [2011] VCAT 2236 (28 November 2011) Summary On 28 [...]
Canadian Court says criminalisation of polygamy is a valid limitation on the right to freedom and liberty Reference re: Section 293 of the Criminal Code of Canada 2011 BCSC 1588 (23 November 2011) Summary This case was referred to the Chief Justice of the Supreme Court of British Columbia, Canada to determine the constitutionality of [...]
Occupy Toronto and limitations on the right to protest Batty v City of Toronto [2011] ONSC 6862 (21 November 2011) Summary In Batty v City of Toronto, the Ontario Superior Court of Justice considered an application challenging the constitutional validity of a Trespass Notice issued to a group of protestors on the basis it violated [...]
When will restrictions on autonomy amount to a deprivation of liberty? Cheshire West and Chester Council v P [2011] EWHC 1330 (Fam) (9 November 2011) Summary The Court of Appeal has found that the care plan of a man lacking capacity under the Mental Capacity Act 2005 (UK) did not involve a deprivation of liberty within the [...]
States have margin of appreciation to regulate access to reproductive health care S.H. & Others v Austria [2011] ECHR 1879 (3 November 2011) Summary The Grand Chamber of the European Court of Human Rights has found that Austrian legislation which prevents couples from conceiving a child with in vitro fertilization using donated ova or sperm [...]
Combating drug use while respecting Charter rights Canada (Attorney-General) v PHS Community Services Society, 2011 SCC 44 (30 September 2011) Summary The Supreme Court of Canada has held that the failure of the Minister of Health to grant an exemption to allow a safe injecting facility to operate notwithstanding federal anti-drug laws violated the right [...]
United Kingdom justified in differentiating between social housing applicants based on conditional immigration status Bah v United Kingdom [2011] ECHR 1448 (27 September 2011) Summary The European Court of Human Rights has held that a person’s immigration status is a relevant ground of discrimination under Article 14 of the European Convention of Human Rights. However, [...]
Solicitor-client privilege: sacred principle or conduit for crime? Federation of Law Societies of Canada v Canada (Attorney General), 2011 BCSC 1270 (27 September 2011) Summary In the context of international pressure on states to combat anti-money laundering and terrorism financing, the Supreme Court of British Columbia has held that limitations on solicitor-client privilege imposed by [...]
High Court affirms constitutionality of Charter and considers key interpretative provisions Momcilovic v The Queen [2011] HCA 34 (8 September 2011) Summary The High Court’s decision in Momcilovic v The Queen upholds the constitutional validity of the Charter of Human Rights and Responsibilities Act 2006 (Vic). However, the six separate judgments provide varied guidance as [...]
Restrictions on head dress an impermissible violation of the right to freedom of religion Singh v France, UN Doc CCPR/C/D/102/18767/2009 (22 July 2011) Summary The UN Human Rights Committee recently decided that a French regulation requiring persons to appear bare headed in identity photographs used for residency permits constitutes an impermissible limitation on the applicant’s [...]
Charter Promotes and Protects Rights of Person with Disability P J B v Melbourne Health & Anor (Patrick’s case) [2011] VSC 327 (19 July 2011) Summary In this case, the Supreme Court of Victoria held that the Victorian Civil and Administrative Tribunal had both failed to interpret law consistently with human rights and had itself [...]
Human rights at what cost? Balancing human dignity and economic constraints R (on the application of McDonald) v Royal Borough of Kensington and Chelsea [2011] UKSC 33 (6 July 2011) Summary The UK Supreme Court has held that the failure to provide an elderly woman with night-time care assistance to help her use the toilet, [...]
Balancing the right to privacy and freedom of expression: What is the public interest in private affairs? CTB v News Group Newspapers Limited [2011] EWHC 1232 (QB) (16 May 2011) Summary In this case, Eady J of the England and Wales High Court granted an injunction restraining disclosure of the identity of a footballer who [...]
Court supports Charter protection of privacy in police interviews DPP v KW [2011] VCC (2 May 2011) The County Court recently handed down a decision in relation to the use by Victoria Police of ‘pretext conversations’ to gather evidence. The matter involved an application by KW to have evidence of a recording of a phone [...]
Right to equality and anti-discrimination exemptions Thales Australia Limited and ADI Munitions Pty Ltd (Anti-Discrimination) [2011] VCAT 729 (29 April 2011) Summary In this decision the Tribunal granted an exemption from certain provisions of the Equal Opportunity Act 1995 (Vic) (EO Act) to companies carrying out contracts with American firms in the defence industry. The [...]
European Court of Human Rights Rules that Crucifixes in State Schools do not Violate Religious Freedom Lautsi & Ors v Italy [2011] ECHR Application No 30814/06 (18 March 2011) Summary In this case, the Grand Chamber of the European Court of Human Rights held that crucifixes in Italian State schools do not infringe the art [...]
Limitations on the Rights to Freedom of Expression and Assembly The Mayor of London (on behalf of the Greater London Authority) v Brian Haw, Barbara Tucker & Charity Sweet [2011] EWHC 585 (17 March 2011) Summary In The Mayor of London v Haw & Ors, the UK High Court considered whether the granting of particular [...]
Courts Should Consider the Proportionality of Evictions from Public Housing – The Sequel to Pinnock Hounslow London Borough Council v Powell; Leeds City Council v Hall; Birmingham City Council v Frisby [2011] UKSC 8 (23 February 2011) In Manchester City Council v Pinnock [2010] UKSC 45 (Pinnock) the UK Supreme Court held that a person [...]
Right to ‘Polite’ Protest Abdul & Ors v Director of Public Prosecutions [2011] EWHC 247 (Admin) (16 February 2011) Summary This case held that the right to freedom of expression, by way of protest, may be limited in order to maintain public order. Facts This case involved an appeal in the High Court of England [...]
Evictions and Human Rights Giotopoulos v Director of Housing [2011] VSC 20 (7 February 2011) Summary The Supreme Court refused leave to appeal a decision of the Victorian Civil and Administrative Tribunal (the Tribunal) dismissing an application under section 232 of the Residential Tenancies Act 1997 (the ‘Act’) for the creation of a tenancy. Section [...]
Does Criminalisation of Support for an ‘Illegal’ Organisation Violate the Right to Free Expression? Aydin v Germany [2011] ECHR 141 (27 January 2011) Summary The applicant, a Turkish national, brought a claim in the European Court of Human Rights against the Federal Republic of Germany under Article 34 of the European Convention on Human Rights [...]
Shamrocks and Poppies Allowed, but Easter Lilies Likely to Aggravate Donaldson v the United Kingdom – 56975/09 [2011] ECHR 210 (25 January 2011) Summary A majority of the European Court of Human Rights declared that an application concerning a ban on all prisoners in Northern Ireland wearing emblems with a political or sectarian connotation outside [...]
Is a Presumption Against Bail Consistent with Human Rights? ACT Supreme Court Rules on Human Rights and the Interpretation of Legislation In the Matter of an Application for Bail by Isa Islam [2010] ACTSC 147 (19 November 2010) The ACT Supreme Court has declared that a provision of the ACT Bail Act 1992 is inconsistent [...]
The Relationship between the Victorian Charter and Confiscation of Property DPP v Ali & Anor (No 2) [2010] VSC 503 (10 November 2010) The Supreme Court of Victoria (Hargrave J) recently considered the operation of the Charter of Human Rights and Responsibilities Act 2006 (Vic) in relation to an application to forfeit a family home [...]
Protection of Elderly Persons and People with Disability McDonald, R (on the application of) v Royal Borough of Kensington & Chelsea [2010] EWCA Civ 1109 (13 October 2010) The England and Wales Court of Appeal has held that the failure to provide an elderly individual with disability with a carer to assist her to use [...]
Balancing the Right to a Fair Hearing and the Right to Religion: Canadian Court Considers Wearing of Veil in Criminal Proceeding R v NS, 2010 ONCA 670 (13 October 2010) The Ontario Court of Appeal recently handed down a significant decision regarding the conflict between the constitutional rights of a witness in a criminal proceeding [...]
Limitation Periods and the Right of Access to the Courts Road Accident Fund and Another v Mdeyide [2010] ZACC 18 (30 September 2010) The Constitutional Court of South Africa has held that an inflexible 3-year time limit for lodging a claim for personal injuries sustained in a transport accident is a justified limitation on the [...]
The Welfare of Children must be ‘Primary Consideration’ in Decisions Regarding Immigration Detention of Parents MXL, R (on the application of) & Ors v Secretary of State for the Home Department [2010] EWHC 2397 (Admin) (30 September 2010) The England and Wales High Court has held that the immigration detention of a Jamaican woman with [...]
Sex Workers Must not be Forced to Choose between their Right to Liberty and Right to Security of Person Bedford v Canada, 2010 ONSC 4264 (28 September 2010) In September 2010, the Superior Court of Justice of Ontario (Canada) struck down ss 210, 212(1)(j) and 213(1)(c) of the Criminal Code, which criminalised certain aspects of [...]
Racial Vilification and the Balancing of Freedom of Expression with Freedom from Discrimination Adan v Denmark, UN Doc CERD/C/77/D/43/2008 (21 September 2010) The Petitioner, Saada Adan, filed a complaint against Denmark with the UN Committee on the Elimination of Racial Discrimination (CERD) alleging violations of the International Convention on the Elimination of All Forms of [...]
Prisoners’ Right to Privacy: Claim for Access to Family Photographs Rejected Broom v Secretary of State for Justice [2010] EWHC 2695 (Admin) (03 September 2010) The England and Wales High Court has held that the decision of a prison authority to deny a prisoner access to photographs of his children did not engage that prisoner’s [...]
Right to Equality and Anti-Discrimination Exemptions: Special Measures to Reduce Disadvantage Department of Human Services & Department of Health (Anti-Discrimination Exemption) [2010] VCAT 1116 (29 June 2010) In this decision, McKenzie DP granted an exemption on the basis that it constitutes an appropriate special measure to reduce disadvantage caused by discrimination, as permitted by s [...]
Right to Equality and Anti-Discrimination Exemptions Members of Owners Corporation on Plan of Subdivision No 441923W (Anti-Discrimination Exemption) [2010] VCAT 1111 (28 June 2010) In this decision, McKenzie DP refused to grant a proposed exemption because it was not the least restrictive means of achieving the desired outcome, contrary to s 7(2)(e) of the Charter. [...]
Balancing the Right to Freedom of Expression and the Right to a Fair Trial Toronto Star Newspapers Ltd v Canada, 2010 SCC 21 (10 June 2010) Legislation providing for mandatory publication bans on bail application hearings was upheld by the Supreme Court of Canada as a reasonable compromise between protecting the accused person’s right to [...]
Freedom of Expression and the Protection of Journalistic Sources: When Can a Journalist be Compelled to Reveal their Source? R v National Post, 2010 SCC 16 (7 May 2010) In this case, the Canadian Supreme Court found that the guarantee of freedom of expression in s 2(b) of the Canadian Charter of Rights and Freedoms [...]
Application of Charter to Guardianship and Administration PJB (Guardianship) [2010] VCAT 643 (17 May 2010) Justice Billings in the Victorian Civil and Administrative Tribunal has held that the appointment of an administrator to the estate of a represented person, PJB, was a justifiable restriction on PJB’s right to freedom of movement and right to privacy. [...]
Application of Charter to Planning Schemes, Decisions and Considerations Smith v Hobsons Bay City Council [2010] VCAT 668 (12 May 2010) A recent VCAT decision establishes that a planning scheme provision limiting views into existing secluded private open space and habitable room windows is not incompatible with the Charter. VCAT also held that a local [...]
Proof of Identity Requirements and Limitations on the Right to Vote Henry v Canada (Attorney General), 2010 BCSC 610 (4 May 2010) This case concerned the constitutional validity of voter identification rules, which require electors to provide proof of their identity and residence in order to vote in Canadian federal elections. The Supreme Court of [...]
What does Proper Consideration of Human Rights Entail? Director of Housing v Turcan [2010] VCAT Ref No R201011922 (Unpublished, 4 May 2010) The Victorian Civil and Administrative Tribunal has considered the meaning of ‘arbitrary’ and ‘unlawful’ in the context of s 13(a) of the Charter of Human Rights and Responsibilities Act 2006, as well as [...]
Freedom of Religion and Conscience Objection to Military Service Eu-min Jung & Ors v Republic of Korea, UN Doc CCPR/C/98/D/1593-1603/2007 (30 April 2010) The UN Human Rights Committee has held that the Republic of Korea violated art 18, paragraph 1 of the International Covenant on Civil and Political Rights in convicting and sentencing to imprisonment, [...]
Imposition of Unreviewable Lifetime Reporting Requirements on Sexual Offenders a Disproportionate Intrusion on Private Life F & Anor, R (on the application of) v Secretary of State for the Home Department [2010] UKSC 17 (21 April 2010) This case concerned lifetime reporting requirements for sex offenders. The Supreme Court of the United Kingdom decided that [...]
Post-Sentence Detention Incompatible with Prohibition against Arbitrary Detention Fardon v Australia, UN Doc CCPR/C/98/D/1629/2007 (12 April 2010) Tillman v Australia, UN Doc CCPR/C/98/D/1635/2007 (12 April 2010) The UN Human Rights Committee has held that the post-sentence detention of two men convicted of sexual offences, Kenneth Tillman in New South Wales and Robert Fardon in Queensland, [...]
Post-Sentence Detention Incompatible with Prohibition against Arbitrary Detention Fardon v Australia, UN Doc CCPR/C/98/D/1629/2007 (12 April 2010) Tillman v Australia, UN Doc CCPR/C/98/D/1635/2007 (12 April 2010) The UN Human Rights Committee has held that the post-sentence detention of two men convicted of sexual offences, Kenneth Tillman in New South Wales and Robert Fardon in Queensland, [...]
Eviction from Public Housing without Adequate Justification a Breach of Human Rights Justice Bell, sitting as President of the Victorian Civil and Administrative Tribunal, has held that the Director of Housing acted unlawfully under s 38(1) of the Charter in seeking, without adequate justification, to evict a refugee family from social housing in breach of [...]
Statutory Interpretation and Limitations on Rights In the matter of a Major Review of Derek Ernest Percy [2010] VSC 179 (31 March 2010) Derek Percy, the only remaining prisoner in Victoria who was found not guilty of murder on the grounds of insanity, sought to have his custodial supervision order varied pursuant to the Crimes [...]
Right to Privacy and Protection of Children and Families MAK and RK v United Kingdom [2010] ECHR 363 (23 March 2010) The European Court of Human Rights has held that restrictive hospital visiting conditions imposed on a father, the first applicant, suspected of abusing his daughter, the second applicant, breached the right to private and [...]
Court of Appeal Makes Declaration of Inconsistent Interpretation and Considers Statutory Interpretation and Limitations on Rights under the Charter R v Momcilovic [2010] VSCA 50 (17 March 2010) In a landmark decision, the Victorian Court of Appeal has unanimously held that: s 32(1) of the Charter is not a ‘special’ rule of statutory interpretation, but [...]
Hate Speech and the Limits of Freedom of Expression and Religious Belief Whatcott v Saskatchewan (Human Rights Tribunal), 2010 SKCA 26 (25 February 2010) The Court of Appeal for Saskatchewan has unanimously held that four flyers, which contained anti-gay sentiments, were not so extreme as to violate that prohibition on hate speech under The Saskatchewan [...]
Legality of Detention Pursuant to Prisoner Transfer Agreement when Original Trial Unfair Orobator v HMP Holloway & Anor [2010] EWHC 58 (Admin) (20 January 2010) In this case, the England and Wales High Court rejected a British citizen’s challenge to her detention in the UK after being convicted of drug offences in Laos. While the [...]
Safe-Injecting Rooms, Public Health and the Right to Life and Security of Person PHS Community Services Society v Canada (Attorney General), 2010 BCCA 15 (15 January 2010) The British Columbia Court of Appeal has held that the denial of access to health care services, including safe injecting facilities, for people with severe drug dependency may [...]
Serious Criminal Offences, Deportation and the Right to Family Life A W Khan v United Kingdom [2009] ECHR 27(12 January 2010) The European Court of Human Rights has held that the deportation of a convicted heroin trafficker, who had not re-offended since release from prison and had developed strong ties with a country based on [...]
Does the Creation of a Tenancy or the Making of a Possession Order Engage Human Rights? Heywood v Director of Housing [2010] R2009/36396 (4 January 2010) In this case, the Victorian Civil and Administrative Tribunal considered the application of provisions of the Residential Tenancies Act 1997 (Vic) which provide for the creation of a tenancy [...]
Balancing the Right to Religious Observance with the Right to Non-Discrimination Ladele v London Borough of Islington [2009] EWCA Civ 1357 (15 December 2009) The England and Wales Court of Appeal has confirmed that a local council can compel its employee to register civil partnerships, even though this conflicts with the employee’s religious beliefs. Facts [...]
The Right to Free Expression and the Protection of Journalistic Sources: When Can a Journalist be Compelled to Reveal their Source? Financial Times Ltd & Ors v United Kingdom [2009] ECHR 2065 (15 December 2009) This decision explores the right to freedom of expression as it applies to the protection of journalists’ sources. The Court’s [...]
Freedom from Discrimination against Same-Sex Couples in Provision of Housing Rodriguez v Minister of Housing & Anor (Gibraltar) [2009] UKPC 52 (14 December 2009) The Privy Council has held that a Gibraltar Housing Allocation Committee policy to effectively grant government housing joint tenancies only to heterosexual couples was indirectly discriminatory and unconstitutional. Facts The Gibraltar [...]
Homelessness and the Right to Life, Liberty and Security Victoria (City) v Adams, 2009 BCCA 563 (9 December 2009) The British Columbia Court of Appeal has held that a city bylaw which prohibited homeless people from erecting any form of temporary shelter at night in a public park, in circumstances where the number of homeless [...]
Balancing Freedom of Expression and the Right to Privacy BKM Ltd v British Broadcasting Corporation [2009] EWHC 3151 (Ch) (02 December 2009) In a case concerning the relationship between the right to freedom of expression of media agencies and the right to privacy of nursing home residents, the England and Wales High Court has conducted [...]
Freedom of Information and Security of Prisons Rogers v Chief Commissioner of Police [2009] VCAT 2526 (26 November 2009) In Rogers v Chief Commissioner of Police, VCAT held that CCTV footage and audio tape used for the investigation of an incident that occurred in the Banksia Unit of HM Barwon Prison were exempt from disclosure [...]
Deportation of Non-Nationals and the Right to Respect for Family Life Omojudi v United Kingdom [2009] ECHR 1820/08 (24 November 2009) The European Court of Human Rights has held that the deportation of Steven Omojudi from the United Kingdom to Nigeria was an unjustifiable interference with Omojudi’s right to respect for private and family life [...]
Equality and Exemptions: VCAT Denies Exemption for Women Only Travel Tours Travel Sisters (Anti-Discrimination Exemption) [2009] VCAT A189/2009 (17 November 2009) Facts In 2009, Erin Maitland applied to the Victorian Civil and Administrative Tribunal (‘VCAT’) under s 83 of the Equal Opportunity Act 1995 (Vic) (‘EO Act’), for an exemption to allow her to operate [...]
Freedom of Information under the Victorian Charter McInnes v Vicroads (General) [2009] VCAT 2342 (4 November 2009) McInnes made an application under the Freedom of Information Act 1982 (Vic) (‘FOI Act’) to VicRoads for a copy of an anonymous letter that VicRoads had received warning that his health might impact on his driving. VicRoads asked [...]
Protesting for Animal Rights and the Right to Freedom of Expression and Assembly Novartis Pharmaceuticals UK Ltd & Ors v Stop Huntingdon Animal Cruelty (‘SHAC’) & Ors [2009] EWHC 2716 (QB) (30 October 2009) The High Court of England and Wales refused to grant amendments to an interim injunction that would have prevented animal rights [...]
Age Discrimination and Equal Opportunity Exemptions under the Victorian Charter Lifestyle Communities Ltd (No 3) (Anti-discrimination) [2009] VCAT 1869 (22 September 2009) In September 2009, VCAT President Justice Kevin Bell dismissed an application by Lifestyle Communities Ltd for an exemption under the Equal Opportunity Act 1995 (Vic) (‘EOA’). In making the orders, Bell P extensively [...]
The Right to a Fair Hearing and the Privilege Against Self-Incrimination under the Victorian Charter Re an application under the Major Crime (Investigative Powers) Act 2004 [2009] VSC 381 (7 September 2009) In a landmark decision for the operation of the Charter of Human Rights and Responsibilities, Warren CJ of the Supreme Court of Victoria, [...]
Right to Respect for Private Life and Equality in Prison AB, R (on the application of) v Secretary of State for Justice & Anor [2009] EWHC 2220 (4 September 2009) In this case, the Administrative Court of the High Court of Justice held that the continued detention of a pre-operative transgender woman in a male [...]
Interpretation and Limitation of Rights in relation to Extended Supervision of Sex Offender Secretary to the Department of Justice v AB [2009] VCC 1132 (28 August 2009) The Victorian County Court has handed down a decision which considers in some detail the application of the interpretative obligation in the Victorian Charter of Human Rights and [...]
Assisted Suicide and Human Rights: DPP Should Issue Guidelines on Exercise of Prosecutorial Discretion Purdy, R (on the application of) v Director of Public Prosecutions [2009] UKHL 45 (30 July 2009) In this case, the House of Lords found that art 8 of the European Convention of Human Rights compelled the DPP to issue specific [...]
Freedom of Religion May be Limited where Effects of Limitation are Proportionate and Justifiable Alberta v Hutterian Brethren of Wilson Colony, 2009 SCC 37 (24 July 2009) In a 4:3 decision handed down on 24 July 2009, the Supreme Court of Canada allowed an appeal regarding the constitutionality of a regulation requiring photographs be taken [...]
Smoking Ban in High-Security Psychiatric Hospitals does not Contravene Right to Privacy N, R (on the application of) v Secretary of State for Health [2009] EWCA Civ 795 (24 July 2009) The House of Lords held that a policy of banning smoking at a psychiatric hospital did not contravene the patients’ human rights and was [...]
Proportionality and Limitations on Human Rights: Indefinite and Unreviewable Reporting Obligations Breach the Right to Privacy JF & Anor, R (on the application of) v Secretary of State for the Home Department [2009] EWCA Civ 792 (23 July 2009) The UK Court of Appeal has found that a regime providing for automatic and indefinite reporting [...]
Freedom of Expression and Restrictions on Political Advertising Greater Vancouver Transportation Authority v Canadian Federation of Students – British Columbia Component, 2009 SCC 31 (10 July 2009) The Canadian Supreme considered advertisements on public buses and held that a policy prohibiting political advertisements amounted to a breach of the right to freedom of expression under [...]
Supervised Treatment and Limitations on the Rights of Persons with Disability under the Charter AC (Guardianship) [2009] VCAT 1186 (8 July 2009) This case concerns AC, a 26 year old man with a mild intellectual disability who has been living at Sandhurst since 2000. Due to a history of assaultive and sexualised behaviours, AC was [...]
Supreme Court of Canada Balances the Right to Freedom of Religion and the Best Interests of Children AC v Manitoba (Director of Child and Family Services), 2009 SCC 30 (26 June 2009) On 26 June 2009, the Canadian Supreme Court handed down a decision which discussed in detail the right of adolescents to make their [...]
Freedom of Expression and the Right to Privacy: Reporting the Name of a Person Acquitted of Rape Attorney-General’s Reference No 3 of 1999: Application by the British Broadcasting Corporation to set aside or vary a Reporting Restriction Order [2009] UKHL 34 (17 June 2009) The House of Lords has held that, in the interests of [...]
Evictions Must be Just, Equitable and Reasonable Residents of Joe Slovo Community v Thubelisha Homes & Ors [2009] ZACC 16 (10 June 2009) The South African Constitutional Court has upheld a High Court decision to grant an application to evict approximately 20,000 residents of the informal settlement known as the Joe Slovo settlement. The eviction [...]
Right to a Fair Hearing, Control Orders and Counter-Terrorism Secretary of State for the Home Department v AF & Anor [2009] UKHL 28 (10 June 2009) Nine Lords of the House of Lords have unanimously followed the Grand Chamber of the European Court of Human Rights in Strasbourg (ECHR) in the decision of A v [...]
Monitoring and Confidentiality of Prisoner Correspondence Szuluk v United Kingdom [2009] ECHR 36936/05 (2 June 2009) The European Court of Human Rights has held that it is a disproportionate interference with an individual’s right to privacy to monitor their confidential medical correspondence with their specialist. The prison governor had directed that the applicant’s correspondence with [...]
Vexatious Litigants and the Rights to a Fair Hearing, Access to a Court and Legal Aid Kay v Victorian Attorney-General & Anor (Victorian Court of Appeal, Unreported, 19 May 2009) In this case, the Victorian Court of Appeal considered whether the making of a vexatious litigant order was compatible with the right to a fair [...]
Right to Legal Aid and a Lawyer of One’s Choice Hakimi v Legal Aid Commission (ACT) [2009] ACTSC 48 (12 May 2009) The ACT Supreme Court has ruled that there is no absolute right for a legally aided person to choose their own lawyer. This case was the first application made under amendments to the [...]
Right to Equality and Exemptions under the Equal Opportunity Act YMCA – Ascot Vale Leisure Centre (Anti-Discrimination Exemption) [2009] VCAT 765 (4 May 2009) This case explores the relationship between human rights and equal opportunity legislation. It was decided by VCAT that the YMCA should be granted a temporary exemption from the Equal Opportunity Act [...]
Failure to Review Involuntary Treatment a Breach of Human Rights Kracke v Mental Health Review Board [2009] VCAT 646 (23 April 2009) On 23 April 2009, Justice Bell, President of the Victorian Civil and Administrative Tribunal, handed down a significant decision which discussed in detail important aspects of the application and operation of the Charter. [...]
Mental Health and the Charter 09-085 [2009] VMHRB (23 February 2009) In this case, which concerned the review of a community treatment order (‘CTO’) that prescribed a drug with serious side-effects, a number of significant issues arose in relation to the Charter: Is the Board a ‘public authority’ and/or a ‘court or tribunal’ for the [...]
Protest and the Right to Freedom of Expression and Peaceful Assembly Tabernacle v Secretary of State for Defence [2009] EWCA Civ 23 (05 February 2009) The England and Wales Court of Appeal has held that bylaws which prohibited camping in the vicinity of the Atomic Weapons Establishment at Aldermaston (‘the AWE’) were an unlawful interference [...]
This case raises issues in relation to the scope of human rights and the contradictions which will necessarily exist between statutory provisions such as s 191 of the Disability Act and the Charter. It is ultimately the case that decisions made under many of these provisions will be considered under the test for demonstrably justified [...]
Extended supervision of convicted sex offender – Limitations on human rights under s 7 Detailed case note. The full text decision is available at http://www.austlii.edu.au/au/cases/vic/VSCA/2006/199.html.
|
|
|
|
