15. Protest

Schwabe and M.G. v Germany – 8080/08 [2011] ECHR 1986 (1 December 2011)

Preventive detention of G8 protesters a violation of the right to liberty and peaceful assembly Schwabe and M.G. v Germany – 8080/08 [2011] ECHR 1986 (1 December 2011) Summary The European Court of Human Rights has ruled that the detention of two German citizens, who planned to be involved in protests against the 2007 G8 [...]

Batty v City of Toronto [2011] ONSC 6862 (21 November 2011)

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 [...]

Castle & Ors v Commissioner of Police for the Metropolis [2011] EWHC 2317 (Admin) (8 September 2011)

Rioters’ rights: Police obligations under the European Convention of Human Rights during protests and demonstrations Castle & Ors v Commissioner of Police for the Metropolis [2011] EWHC 2317 (Admin) (8 September 2011) Summary The High Court of England and Wales has dismissed claims made on behalf of three school children that their containment at last [...]

Moos & Anor, R (on the application of) v Police of the Metropolis [2011] EWHC 957 (Admin) (14 April 2011)

Police use of force to control demonstrators only permissible where there are no other means whatsoever to prevent breach of the peace Moos & Anor, R (on the application of) v Police of the Metropolis [2011] EWHC 957 (Admin) (14 April 2011) Summary The England and Wales High Court recently concluded that action taken by [...]

Giuliani and Gaggio v Italy [2011] ECHR 513 (24 March 2011)

tate has a Positive Obligation to Protect Life and Ensure Effective and Independent Investigation of Police-Related Deaths Giuliani and Gaggio v Italy [2011] ECHR 513 (24 March 2011) Summary The Grand Chamber of the European Court found no violation of the European Convention of Human Rights arose out of the killing of a demonstrator by [...]

The Mayor of London (on behalf of the Greater London Authority) v Brian Haw, Barbara Tucker & Charity Sweet [2011] EWHC 585 (17 March 2011)

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 [...]

Abdul & Ors v Director of Public Prosecutions [2011] EWHC 247 (Admin) (16 February 2011)

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 [...]

Mayor of London (On behalf of the Greater London Authority) v Hall & Ors [2010] EWCA Civ 817 (16 July 2010)

Limitations on the Right to Peaceful Assembly and Protest Mayor of London (On behalf of the Greater London Authority) v Hall & Ors [2010] EWCA Civ 817 (16 July 2010) The England and Wales Court of Appeal upheld a High Court decision which held that the Mayor of London is entitled to seek an injunction [...]

Gillan and Quinton v United Kingdom [2009] ECHR 28 (12 January 2010)

European Court Holds that Stop and Search Powers Violate Privacy and are ‘Not in Accordance with Law’ Gillan and Quinton v United Kingdom [2009] ECHR 28 (12 January 2010) The European Court of Human Rights held that stop and search powers granted to police under the ss 44-47 of the Terrorism Act 2000 (UK) were [...]

Novartis Pharmaceuticals UK Ltd & Ors v Stop Huntingdon Animal Cruelty (‘SHAC’) & Ors [2009] EWHC 2716 (QB) (30 October 2009)

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 [...]

Giuliani and Gaggio v Italy [2009] ECHR 23458/02 (25 August 2009)

The Right to Life, Use of Force and Policing Protests Giuliani and Gaggio v Italy [2009] ECHR 23458/02 (25 August 2009) The European Court of Human Rights has found that Italy failed to adequately investigate the death of a protestor by a member of the military police, or carabinieri, and this failure to investigate breached [...]

Greater Vancouver Transportation Authority v Canadian Federation of Students – British Columbia Component, 2009 SCC 31 (10 July 2009)

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 [...]

Verein Gegen Tierfabriken Schweiz (VgT) v Switzerland (No 2) [2009] ECHR 32772/02 (30 June 2009)

Freedom of Expression and the Restrictions on Advertising regarding Cruel Treatment of Animals Verein Gegen Tierfabriken Schweiz (VgT) v Switzerland (No 2) [2009] ECHR 32772/02 (30 June 2009) In VgT v Switzerland (No 2) the Grand Chamber of the European Court of Human Rights held that not only should the State refrain from interfering with [...]

Wood v Commissioner of Police for the Metropolis [2009] EWCA Civ 414 (21 May 2009)

Surveillance of Protests and the Right to Privacy Wood v Commissioner of Police for the Metropolis [2009] EWCA Civ 414 (21 May 2009) The England and Wales Court of Appeal has held that the police taking photographs of an individual in a public space (and retaining those photographs) breached that individual’s right to privacy under [...]

Dixon v Powell River (City), 2009 BCSC 406 (CanLII) (26 March 2009)

Freedom of Expression and Public Participation in Decision-Making Dixon v Powell River (City), 2009 BCSC 406 (CanLII) (26 March 2009) This case held that the Canadian common law should, wherever possible, be interpreted and developed to accord with the rights in the Canadian Charter of Rights and Freedoms.  Garson J declined to follow earlier defamation [...]

Tabernacle v Secretary of State for Defence [2009] EWCA Civ 23 (05 February 2009)

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 [...]

Austin & Anor v Commissioner of Police of the Metropolis [2009] UKHL 5 (28 January 2009)

Police Powers, Crowd Control and the Right to Liberty and Protest Austin & Anor v Commissioner of Police of the Metropolis [2009] UKHL 5 (28 January 2009) In this case, the House of Lords dismissed an appeal by a woman claiming that her right to liberty was breached as a result of police crowd control [...]

Galstyan v Armenia [2007] ECHR 26986/03 (15 November 2007)

The European Court of Human Rights has recently considered the content and application of the rights to freedom of peaceful assembly and association, holding that ‘the right to freedom of assembly is a fundamental right in a democratic society’ and that any exceptions to the right ‘must be narrowly interpreted and the necessity for any [...]

Balçik v Turkey [2007] ECHR 25/02 (29 November 2007)

This decision considered the extent to which it is permissible for a state to limit the right to freedom of peaceful assembly and association in the context of a public demonstration. Detailed case note.

Makhmudov v Russia [2007] ECHR 35082/04 (26 July 2007)

The European Court of Human Rights has considered two cases in which it held that the relevant State party had interfered with the right to freedom of peaceful assembly in art 11 of the European Convention of Human Rights.  That right is protected by s 16(1) of the Victorian Charter.  In both cases, domestic law [...]

Bukta v Hungary [2007] ECHR 25691/04 (17 July 2007)

The European Court of Human Rights has considered two cases in which it held that the relevant State party had interfered with the right to freedom of peaceful assembly in art 11 of the European Convention of Human Rights. That right is protected by s 16(1) of the Victorian Charter. In both cases, domestic law [...]

Baczkowski & Ors v Poland [2007] ECHR 1543/06 (3 May 2007)

The European Court of Human Rights has found that Poland violated its obligations to protect the right to freedom of assembly as a result of a failure to facilitate and accommodate a protest regarding discrimination against minority groups. Detailed case note.

Coleman v Australia, HRC, Communication No 1157/2003, UN Doc CCPR/C/87/D/1157/2003 (10 August 2006)

In this decision, the UN Human Rights Committee found Australia in breach of the right to freedom of expression and commented on the human rights implementation obligations of States and Territories. Detailed case note.