Elizabeth Guilbault

Five organizations brought motions for leave to intervene in an appeal concerning the constitutionality of provincial legislation that required the removal of bicycle lanes in Toronto.

The underlying judgment found the legislation violated section 7 of the Charter.

The motion judge granted leave to all five proposed interveners, but limited the scope of their interventions to specific issues such as the positive/negative rights dichotomy, the interpretation of recent section 7 jurisprudence, and the application of equality and child-interest principles to the gross disproportionality analysis.

The interveners were restricted to 10-page factums and brief oral submissions.

A case management conference was held to set the timetable for two grouped appeals arising from a decision certifying a class action against the Province of Ontario but declining to certify it against 49 Children's Aid Societies regarding the use of 'Birth Alerts'.

The appeals will be heard by a five-judge panel to consider whether the court should depart from the Ragoonanan principle.

The case management judge set the schedule for responding materials, intervention motions, and factums.

The applicants, animal rights activists, challenged the constitutionality of the Security from Trespass and Protecting Food Safety Act and its Regulation.

They argued that provisions voiding consent to enter agricultural premises if obtained under false pretences, and provisions prohibiting interaction with farm animals, violated their Charter rights to freedom of expression and assembly.

The court found that the Act's prohibition on interacting with animals did not violate the Charter, as there is no constitutional right to physically interact with another's private property.

However, the court held that Section 9 of the Regulation, which penalized any false statement made to gain access to agricultural premises, unjustifiably infringed freedom of expression.

The court struck down Section 9 and certain limitations within the whistleblower and journalist exemptions, while upholding the rest of the Act.