s20 – Property Rights

P J B v Melbourne Health & Anor (Patrick’s case) [2011] VSC 327 (19 July 2011)

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 [...]

Nikolaus Fürst Blücher von Wahlstatt v Czech Republic, UN Doc CCPR/C/99/D/1491/2006 (19 August 2010)

Discrimination on Ground of Nationality Nikolaus Fürst Blücher von Wahlstatt v Czech Republic, UN Doc CCPR/C/99/D/1491/2006 (19 August 2010) The Human Rights Committee has found that Czech land laws requiring citizenship as a necessary condition for restitution of property previously confiscated by authorities constitutes a violation of the right to equality before the law. Facts [...]

R v Cornell, 2010 SCC 31 (30 July 2010)

What Level of Inquiry and Analysis is Required to Determine the Reasonableness of a Police Search? R v Cornell, 2010 SCC 31 (30 July 2010) The Supreme Court of Canada has considered the level of inquiry and analysis required to be conducted by police when determining whether a forced entry into a premise is reasonable, [...]

Swancom Pty Ltd v Yarra CC [2009] VCAT 923 (10 June 2009)

Application of the Charter in Planning Disputes Swancom Pty Ltd v Yarra CC [2009] VCAT 923 (10 June 2009) On 10 June 2009, Deputy President Dwyer and Member Bensz of the Victorian Civil and Administrative Tribunal handed down a decision which discussed the application of the Charter of Human Rights and Responsibilities Act 2006 to [...]

R v Patrick, 2009 SCC 17 (CanLII) (9 April 2009)

Canadian Supreme Court Considers Right to Privacy R v Patrick, 2009 SCC 17 (CanLII) (9 April 2009) The Supreme Court of Canada has held that no privacy interest exists in the contents of garbage bags placed out for collection.  Police had seized garbage bags from an individual’s property, and used their contents to justify obtaining [...]