Important court decisions

Montreal (City of) c. Nelson, 2015 QCCM 146 (CanLII): A major decision in which Max Silverman represented a student activist and successfully proved to the courts that Montréal's noise by-law can not be applied to protesters without violating their fundamental rights. As the Honourable Judge Randall Richmond states, “In other words...Some degree of chanting or yelling is to be expected at a political demonstration. That is one of the ways the message is expressed. And that is part and parcel of freedom of expression.”

Visit: http://canlii.ca/t/gjqwp


Montreal (City of) c. Nelson, 2016 QCCM 61 (CanLII): Another important decision in which the Honourable Judge Gabriel Boutos ruled that if you are illegally arrested or detained for one infraction (in this case, blocking a street as part of a legitimate political demonstration), any related infraction (in this case, missing a reflector on your bicycle) must also be rejected by the courts. As the Honourable Judge states, “If it were not for the decision to detain the petitioner in order to issue her a ticket... in violation of the petitioner’s Section 2 Charter rights and [which] led to her arbitrary detention in violation of Section 9 of the Charter, Constable Lessard would not have had the occasion to observe the petitioner or her bicycle, and would therefore never have obtained the visual evidence of a violation of the bicycle reflector rule.

Visit: http://canlii.ca/t/gpdgl

Media


Après les pitbulls, les poissons rouges aussi interdits?
http://bit.ly/2GhQBxf


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In Vice Magazine, on the use of criminal infractions against environmental activists: Canadian Activists Show There’s a Very Easy (But Dangerous) Way to Shut Down Pipelines
By David Gray-Donald (http://bit.ly/27WXA8d)


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The McGill Tribune's coverage of a 'Know Your Rights' workshop offered by Max Silverman:
http://bit.ly/1qSvKs5


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On MaTV's only English-language show CityLife on the future of marijuana legislation in Canada:
http://bit.ly/1qSvgSD

The judgments on this page are only an illustration of the some of the judgments pleaded byMax Silverman. Me Silverman makes no representation about their representivity in terms of the number of cases pleaded by the lawyers, or the results obtained.