The Lieutenant Governor: Symbol or Savior?
Category: Democratic Governance
Recent legislative action by Alberta’s provincial government has raised a number of controversies.[1] Questions of constitutionality, respect for the democratic process, and the rule of law have arisen following the […]
Majority, Concurring, and Dissenting Decisions
Category: Democratic Governance
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. […]
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
Alberta’s Bill 10: The Return of the King(s)?
Category: Democratic Governance, Constitutional Issues
Living Tree Doctrine
Category: Democratic Governance
The “living tree” doctrine refers to a method of constitutional interpretation that allows for Canada’s Constitution to change and evolve over time while still acknowledging its original intentions.[1] The doctrine achieves a balance between two seemingly contradictory goals: predictability and flexibility.
Judicial Review
Category: Democratic Governance
In Canada, as well as in many other constitutional democracies, there are two types of ‘judicial review’ – judicial review on administrative acts, and judicial review on the constitutionality of legislation. Both types of ‘judicial review’ are based on the
Judicial Independence
Category: Democratic Governance
Introduction The judiciary is one of three branches of government in Canada: executive, legislative and judicial. Each of these branches has responsibilities rooted in Canada’s Constitution and history. Judicial independence is foundational to the constitutional role of the judiciary. Courts must be
Judicial Committee of the Privy Council
Category: Democratic Governance, Federalism
From 1867 until 1949 the ‘Judicial Committee of the Privy Counsel’ (JCPC), a British institution, served as Canada’s highest court of appeal. Ottawa abolished appeals to the JCPC in 1949. Until then, the Supreme Court of Canada was subordinate, not
Victoria Charter
Category: Democratic Governance, The Charter, Federalism
The ‘Victoria Charter’ refers to a package of changes to the Canadian Constitution that was debated by Prime Minister Trudeau and the provincial Premiers in Victoria in June 1971. The Victoria Charter’s key elements touched the following subjects: fundamental freedoms
Unwritten Constitutional Principles
Category: Democratic Governance
This article was written by a law student for the general public. Introduction The Constitution is Canada’s supreme law. The rules written in the Constitution are superior to all other laws in the country. However, it may be surprising to
Suspended Declaration
Category: Democratic Governance
When a court declares a law to be unconstitutional it is ‘struck down’ and thus, is no longer enforceable. As that law no longer exists, an intolerable gap in the law can sometimes be created. This occurred in 2015 when
Supreme Court of Canada
Category: Democratic Governance
The ‘Supreme Court of Canada’ is the final court of appeal in constitutional (and other) cases. It also provides advice on constitutional questions when asked to do so by the federal or provincial governments as it did, for example, in
Supremacy of Parliament
Category: Democratic Governance
This article was written by a law student for the general public. Democracy is known as “government by the people”. Representative democracy acknowledges that it is impossible to have every decision made by multitudes of individuals, and it therefore creates
Dialogue Theory
Category: Democratic Governance, The Charter
What is ‘Dialogue Theory’? ‘Dialogue theory’ is a particular thesis that describes the relationship between the legislative and judicial branches of government. Put most simply, it is the idea that “Canadian legislators are engaging in a self-conscious dialogue with the judiciary.”[1] This
Spicer Commission
Category: Democratic Governance, Federalism
The ‘Spicer Commission’, formally known as the Citizens’ Forum on Canada’s Future, was part of the Mulroney government’s efforts to lay the groundwork for the Charlottetown Accord. The Commission consisted of twelve prominent Canadians from across the country led by