Using the Charter to Repair the Damage of Unconstitutional Government Action
Category: The Charter, Constitutional Issues
How does the Charter of Rights and Freedoms empower courts to repair the damage of unconstitutional government action? In a recent decision, Conseil scolaire francophone de la Colombie-Britannique v British […]
A Return to Balance or Empowering the Powerful? Alberta’s Bill 32
Category: The Charter, Fundamental Freedoms (Section 2), Constitutional Issues
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 […]
British Columbia’s Guardian Angels… Straight from Hell? BC’s Civil Forfeiture Act Case
Category: Federalism, Constitutional Issues
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 […]
A Fair Deal for Alberta: Are Changes to the Equalization Program Coming?
Category: Federalism, Constitutional Issues
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 […]
They’ve Got No Strings: Separation of Powers, Judicial Independence, and the Rule of Law in the Meng Wanzhou Case
Category: Democratic Governance, Constitutional Issues
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, […]
Courts of Appeal Split on Validity of Carbon Tax
Category: Federalism, Constitutional Issues
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 […]
Duty to Consult with Whom?
Category: Aboriginal Rights, Constitutional Issues
When TC Energy began their work on the Coastal GasLink pipeline in 2012, few thought the project would ever become so contentious.[1] Since it began, the project has been the […]
Alberta’s Bill 10: The Return of the King(s)?
Category: Democratic Governance, Constitutional Issues
Shocking headlines such as, “Ministers as Kings – Alberta’s Bill 10 a dangerous overreach”[1], and “Alberta’s Bill 10 is an affront to the rule of law”[2], raise concerns about the […]
Containing a Virus and Government Power: Restrictions on the Federal Response to COVID-19
Category: The Charter, Federalism, Constitutional Issues
Canada’s provinces and territories have all declared states of emergency or public health emergency in response to the COVID-19 pandemic.[1] Declaring a state of emergency allows the government to secure […]