Abdulla Ahmad Hassouna et al v The Minister of Citizenship and Immigration [2017] FC 473 (10 May 2017)The Canadian Federal Court has ruled that the current procedure for revoking citizenship is unconstitutional as it deprives people of a fair hearing – a right protected by the Canadian Bill of Rights.

Aubrey v The Queen [2017] HCA 18 (10 May 2017)A majority of the High Court has held that the act of infecting another individual with a sexually transmitted infection falls within the meaning of 'maliciously inflicting grievous bodily harm' under s 35(1)(b) of the Crimes Act 1900 (NSW). The decision also clarifies that it is sufficient that the Crown establish that an accused foresaw the possibility, and not the probability, that an act of sexual intercourse could result in the contraction of a grievous bodily disease for an accused to be convicted of the offence.

Achbita v G4S Secure Solutions NV (European Court of Justice, C-157/15, 14 March 2017) and Bougnaoui v Micropole SA (European Court of Justice, C-188/15, 14 March 2017)The European Court of Justice has clarified European law surrounding workplace prohibitions on wearing religious symbols in customer facing roles. The Court held that workplace bans on religious dress based on legitimate and objective aims can lawfully prohibit employees wearing visible signs of their religious, political or philosophical beliefs. However, workplace policies based on subjective criteria or which disadvantage people with particular religious beliefs would constitute indirect discrimination.

Matsoukatidou v Yarra Ranges Council [2017] VSC 61 (28 February 2017)The Supreme Court of Victoria has delivered an important decision on the obligations of courts to ensure fair hearing and equality rights under the Charter of Human Rights and Responsibilities Act 2006 (Vic) (Charter) in the context of unrepresented litigants, and in particular where a litigant has a cognitive disability.

Democratic Alliance v Minister of International Relations and Cooperation and Others (Council for the Advancement of the South African Constitution Intervening) (83145/2016) [2017] ZAGPPHC 53 (22 February 2017) The High Court of South Africa has found that the decision by the national executive to sign and deliver a notice of withdrawal from the Rome Statute without prior parliamentary approval was unconstitutional and invalid.

State of Washington & State of Minnesota v Trump No. 2:17-cv-00141 (W.D.Wash. 2017) (9 February 2017)In a unanimous 3-0 decision, the United States Court of Appeal maintained the freeze on US President Donald Trump’s controversial immigration order suspending entry of people from 7 countries for 90 days, indefinitely suspending the entry of Syrian refugees and suspending the United States Refugee Admissions Program for 120 days.

Obudho v Patty Malones Bar Pty Ltd [2017] VSC 28 (9 February 2017)The Victorian Supreme Court has found that the cancellation by Patty Malones Bar of an African music themed event on the basis of the race of prospective patrons constituted direct discrimination in breach of the Equal Opportunity Act. The Court awarded compensation to Antony Obudho for his economic and non-economic losses as the organiser of the event, despite the fact that Patty Malones had not had any direct dealings with Mr Obudho and did not have any information about his race or ethnicity.

DB v Chief Constable of Police Service of Northern Ireland [2017] UKSC 7 (1 February 2017)The United Kingdom Supreme Court found that the Northern Ireland police service wrongly determined that they did not have the power to prevent disruptive and violent protests through a residential area. The Court held that freedom of assembly in article 11 of the ECHR is not absolute and police have a duty to protect others from any violence.

Paradiso and Campanelli v Italy (European Court of Human Rights, Grand Chamber, Application No 25358/12, 24 January 2017).The European Court of Human Rights has found that the forced removal of an infant from his surrogate parents constituted an interference with the surrogate parents' right to respect for their private life under Article 8 of the European Convention of Human Rights, but that the actions taken by the Italian government were justified under the margin of appreciation under domestic laws prohibiting commercial surrogacy.

R (on the application of Miller and another) v Secretary of State for Exiting the European Union [2017] UKSC 5 (24 January 2017)The UK High Court has ruled that ministers of the United Kingdom cannot employ prerogative powers to withdraw from the EU without an Act of Parliament authorising them to do so, as only an Act of Parliament can significantly alter the UK's constitutional arrangements. As EU law was a significant source of UK domestic law, the majority ruled that this legal source could not be removed by ministerial decision alone.

Hutchinson v. the United Kingdom (application no. 57592/08) [2016] ECHR 021 (January 2017)Four years after its decision in Vinter, the Grand Chamber of the European Court of Human Rights has revisited the UK’s life-sentencing regime, reversing its earlier position and holding that the regime does not contravene the European Convention on Human Rights.

J v B [2017] EWFC 4 (20 January 2017)In a complex case, the Family Court in England has ordered that a transgender mother is not permitted to have direct contact with her five practising, ultra-orthodox Jewish children, on the basis that the benefits to the children of resuming contact would be outweighed by the harmful community reaction to the children and their family. However, the Court ordered that indirect contact four times a year be allowed.