Centre for Constitutional Studies https://ualawccsprod.srv.ualberta.ca Wed, 02 Sep 2020 16:30:08 +0000 en-US hourly 1 Pouvez-vous dire violation de la Charte? Minority Language Education Rights in Canada https://ualawccsprod.srv.ualberta.ca/2020/09/pouvez-vous-dire-violation-de-la-charte-minority-language-education-rights-in-canada/ Wed, 02 Sep 2020 16:30:08 +0000 https://ualawccsprod.srv.ualberta.ca/?p=10224 How does the Charter of Rights and Freedoms regulate provincial governments’ funding decisions with respect to minority language schools? In a recent decision, Conseil scolaire francophone de la Colombie-Britannique v. British Columbia (Conseil Scolaire),[1] the Supreme Court of Canada (SCC) confronted this question in relation to French-language education in British Columbia. Prior to this [...]

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A Return to Balance or Empowering the Powerful? Alberta’s Bill 32 https://ualawccsprod.srv.ualberta.ca/2020/08/a-return-to-balance-or-empowering-the-powerful-albertas-bill-32/ Thu, 13 Aug 2020 16:16:15 +0000 https://ualawccsprod.srv.ualberta.ca/?p=9760 Creating a balance of workplace power between employers and employees is difficult. The Government of Alberta is currently addressing what it perceives to be a balance too favourable for employees with Bill 32: The Restoring Balance in Alberta’s Workplaces Act, 2020 [Bill 32 or the Bill].[1] According to the Government, the Bill aims to [...]

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Charter Rights on Campus? It Depends Where You Live https://ualawccsprod.srv.ualberta.ca/2020/08/charter-rights-on-campus-it-depends-where-you-live/ Mon, 10 Aug 2020 19:42:26 +0000 https://ualawccsprod.srv.ualberta.ca/?p=9618 The Canadian Charter of Rights and Freedoms protects several foundational rights, but only from violations by the Canadian government, not by private individuals or bodies.[1] As a result, it is important to know just who, and what, qualifies as “government.” Nearly three decades ago the Supreme Court of Canada ruled that universities are not [...]

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British Columbia’s Guardian Angels… Straight from Hell? BC’s Civil Forfeiture Act Case https://ualawccsprod.srv.ualberta.ca/2020/08/british-columbias-guardian-angels-straight-from-hell-bcs-civil-forfeiture-act-case/ Mon, 10 Aug 2020 15:22:47 +0000 https://ualawccsprod.srv.ualberta.ca/?p=9560 Recently, the Supreme Court of British Columbia ruled that certain provisions of BC’s Civil Forfeiture Act,[1] which allows the BC government to seize property allegedly “tainted” by crime, were an unconstitutional overreach of the province’s legislative authority.[2] The twist? The constitutional challenge was brought forth by the BC chapter of the Hells Angels. Hells [...]

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A Fair Deal for Alberta: Are Changes to the Equalization Program Coming? https://ualawccsprod.srv.ualberta.ca/2020/08/a-fair-deal-for-alberta-are-changes-to-the-equalization-program-coming/ Thu, 06 Aug 2020 16:02:00 +0000 https://ualawccsprod.srv.ualberta.ca/?p=9548 On 17 June 2020, the Government of Alberta released the Fair Deal Panel’s report.[1] The Fair Deal Panel, created by Premier Jason Kenney, interviewed and curated responses from Albertans on “the necessity of a fair deal for the province within Confederation.”[2] After attending 25 town halls across the province and combing through over 40,000 [...]

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Majority, Concurring, and Dissenting Decisions https://ualawccsprod.srv.ualberta.ca/2020/07/majority-concurring-and-dissenting-decisions/ Tue, 28 Jul 2020 19:58:59 +0000 https://ualawccsprod.srv.ualberta.ca/?p=7544 Courts of appeal and the Supreme Court of Canada have multiple judges deciding together on the same case. Sometimes there can be more than one decision included in the case. When all the judges on a court agree, only one decision is delivered. If there is disagreement by the judges on what the outcome [...]

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Purposive Approach to Charter Interpretation https://ualawccsprod.srv.ualberta.ca/2020/07/purposive-approach-to-charter-interpretation/ Mon, 27 Jul 2020 22:44:44 +0000 https://ualawccsprod.srv.ualberta.ca/?p=7537 The “purposive approach” is a method used by judges to interpret what statutes (or laws) mean. The purposive approach requires a court to look at the purpose of the statute, and Parliament’s (or a legislature’s) intention when they created the statute, as well as the words written in the statute itself. The words must [...]

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They’ve Got No Strings: Separation of Powers, Judicial Independence, and the Rule of Law in the Meng Wanzhou Case https://ualawccsprod.srv.ualberta.ca/2020/07/theyve-got-no-strings-separation-of-powers-judicial-independence-and-the-rule-of-law-in-the-meng-wanzhou-case/ Mon, 27 Jul 2020 22:14:20 +0000 https://ualawccsprod.srv.ualberta.ca/?p=7530 The official stance of the Chinese Embassy in Canada is that the “Meng Wanzhou case is by no means an ordinary judicial case, but a serious political incident.”[1] In 2018, Canadian authorities arrested Meng Wanzhou, a well-known Chinese citizen, in accordance with an extradition treaty with the United States.[2] The Chinese government demanded that [...]

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Emergencies and the Rule of Learning https://ualawccsprod.srv.ualberta.ca/2020/07/emergencies-and-the-rule-of-learning/ Mon, 20 Jul 2020 13:45:58 +0000 https://ualawccsprod.srv.ualberta.ca/?p=7279 The COVID-19 pandemic raises countless legal issues, many of which touch on the distinctions between normality/emergency and the importance of sustaining the commitment to the rule of law and constitutionality during times of crisis. Many excellent blog posts in this series have addressed different dimensions of these sets of issues. This commentary adds to [...]

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Courts of Appeal Split on Validity of Carbon Tax https://ualawccsprod.srv.ualberta.ca/2020/07/courts-of-appeal-split-on-validity-of-carbon-tax/ Fri, 17 Jul 2020 16:58:03 +0000 https://ualawccsprod.srv.ualberta.ca/?p=7198 In order to meet its obligations under the Paris Climate Change Agreement, Canada implemented the Greenhouse Gas Pollution Pricing Act (“GGPPA”) in 2018.[1] Colloquially known as the “carbon tax,” the GGPPA has been contentious since its implementation. Among other things, the GGPPA imposes a carbon tax on provinces which have not implemented one of [...]

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