Latest news with #constitutionalchallenge
Free Malaysia Today
2 days ago
- Politics
- Free Malaysia Today
Friday decision for Amir Hadi on DNAA or full acquittal over LCS rally
Amir Hadi attended proceedings at the Kuala Lumpur magistrates' court for a charge linked to a peaceful assembly. KUALA LUMPUR : The magistrates' court here will decide this Friday whether Mandiri executive director Amir Hadi will be given a discharge not amounting to an acquittal (DNAA) or be discharged and acquitted (DAA) of a 2022 charge related to a peaceful assembly. Amir's lawyer Rajsurian Pillai said deputy public prosecutor Anis Wahidah Mohamad told the court today that the prosecution had applied for a DNAA. 'The defence does not object to the prosecution's withdrawal of the case, but we are seeking a DAA. 'After hearing arguments from both sides, the court will deliver its decision this Friday,' he told FMT. Amir, a former Muda secretary-general, claimed trial to failing to notify the police five days before organising the 'Where are the LCS?' protest outside the Sogo complex in August 2022. He was charged under Section 9(1) of the Peaceful Assembly Act 2012, punishable under Section 9(5) of the same Act, which carries a maximum fine of RM10,000 upon conviction. He subsequently filed a constitutional challenge against Section 9(5) of the Act, and the High Court referred the question to the Federal Court. On July 1, the Federal Court unanimously ruled that it is unconstitutional to criminalise the failure to notify the police five days in advance of holding a peaceful assembly. Then chief justice Tengku Maimun Tuan Mat said Section 9(5) of the Peaceful Assembly Act 2012 imposed a punishment that exceeds the limits permitted under Article 10(1)(b) of the Federal Constitution, which guarantees the freedom of speech, assembly, and association. She said the section was 'a disproportionate intervention' and amounted to a prohibition rather than a restriction of that right.
National Post
24-07-2025
- National Post
Supreme Court of Canada dismisses constitutional challenge of sex-work law
The Supreme Court of Canada has rejected a constitutional challenge of the criminal law on sex work, upholding the convictions of two men who argued its provisions are overly broad. Article content Mikhail Kloubakov and Hicham Moustaine were convicted of criminal offences in an Alberta court as a result of their employment in 2018 as paid drivers for an escort business. Article content Article content The men successfully contested the criminal provisions in question on the constitutional grounds that they deprive sex workers of the right to security. Article content Article content A judge found the provisions were too broad because they apply to people receiving a material benefit from sex work who may otherwise support the safety of sex workers. Article content Article content
CTV News
24-07-2025
- Politics
- CTV News
Supreme Court of Canada dismisses constitutional challenge of sex-work law
The Supreme Court of Canada (SCOC) on the banks of the Ottawa River is pictured in Ottawa on Monday, June 3, 2024. THE CANADIAN PRESS/Sean Kilpatrick OTTAWA — The Supreme Court of Canada has rejected a constitutional challenge of the criminal law on sex work, upholding the convictions of two men who argued its provisions are overly broad. Mikhail Kloubakov and Hicham Moustaine were convicted of criminal offences in an Alberta court as a result of their employment in 2018 as paid drivers for an escort business. The men successfully contested the criminal provisions in question on the constitutional grounds that they deprive sex workers of the right to security. A judge found the provisions were too broad because they apply to people receiving a material benefit from sex work who may otherwise support the safety of sex workers. The Crown appealed, arguing the trial judge mistakenly concluded that the provisions violated the Charter of Rights and Freedoms. The Alberta Court of Appeal allowed the appeal, entered convictions against Kloubakov and Moustaine and referred the matter for sentencing. This report by The Canadian Press was first published July 24, 2025. Jim Bronskill, The Canadian Press
South China Morning Post
21-07-2025
- Politics
- South China Morning Post
Malaysia's top court to hear Anwar's immunity bid in sexual harassment case
The Court of Appeal on Monday ruled that proceedings must be postponed to allow Anwar to pursue a constitutional challenge over whether a sitting prime minister should be shielded from such lawsuits, particularly those related to events before he took office and might be politically motivated. Anwar is facing a civil suit filed by his former research aide, Muhammed Yusoff Rawther, who has accused him of sexual assault at his private residence in 2018, when he was the opposition leader. Anwar has denied the allegations. The trial was initially scheduled to begin in mid-June, but a three-member bench agreed it should be deferred to give Anwar sufficient time to seek clarification from the Federal Court on the scope of legal protections afforded to a serving prime minister. Anwar's lawyers have argued that the prime minister is 'simply asserting his right to raise constitutional questions of public importance' and is not attempting to avoid trial. The questions include whether a sitting prime minister should be granted protection from politically motivated suits aimed at undermining the government, and whether civil suits involving conduct before a leader taking office should be subject to safeguards.
CBC
16-07-2025
- Politics
- CBC
9 Ontario First Nations to speak Wednesday after challenging federal, provincial bills
Nine First Nations in Ontario that launched a constitutional challenge against a pair of federal and provincial laws meant to fast-track infrastructure projects are set to speak at Queen's Park at 10 a.m. on Wednesday. The Indigenous communities said in the legal challenge filed in the Ontario Superior Court of Justice that the federal law known as Bill C-5 and the Ontario law known as Bill 5 both represent a "clear and present danger" to the First Nations' self-determination rights to ways of life on their territories. CBC News will livestream the news conference here. Bill C-5 allows cabinet to quickly grant federal approvals for big projects deemed to be in the national interest such as mines, ports and pipelines by sidestepping existing laws, while Ontario's Bill 5 allows its cabinet to suspend provincial and municipal laws through the creation of so-called "special economic zones." The First Nations are asking the court for an injunction prohibiting the federal government from naming national interest projects and prohibition Ontario from implementing special economic zones.
