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Articles | Spencer Millis, Student Researcher | July 7, 2020
Conversion Therapy Ban: Does Calgary’s New Bylaw Violate Religious Freedom?

Category: The Charter, Fundamental Freedoms (Section 2)

On May 25th, 2020, the City of Calgary passed the Prohibited Businesses Bylaw that prohibits the practice of “conversion therapy”. Conversion therapy is any form of treatment that seeks to change someone’s sexual orientation, gender identity, or gender expression. The therapy can take the form of talk therapy, behavioural or aversion therapy, spiritual prayer, exorcism, and medical or drug-based treatments.

Articles | Case Littlewood, Student Researcher | June 26, 2020
Are Protests Illegal in Alberta? Charter Issues with Bill 1

Category: Fundamental Freedoms (Section 2), Equality Rights (Section 15)

In February 2020, amidst protests across the country interfering with railways and pipeline construction, the Government of Alberta introduced the Critical Infrastructure Defence Act. More commonly known as Bill 1, it outlaws interference with “essential infrastructure”. Several commentators oppose the Bill, arguing it violates the Charter of Rights and Freedoms. A group of professors from the University of Calgary called on the Government to recognize “that Bill 1 violates the Charter”. This article will summarise the Bill and analyze some of the key ways in which it may violate the Charter.

Articles | Case Littlewood, Student Researcher | June 17, 2020
Alberta and its Physicians Clash Over a Right to Something Besides Striking

Category: The Charter, Fundamental Freedoms (Section 2)

On 9 April 2020, the Alberta Medical Association (AMA) filed a lawsuit against the Government of Alberta alleging the Government violated the rights of the AMA and its members by unilaterally terminating a contract between the AMA and the Government.[1] The AMA represents physicians in Alberta, with one of its key roles being to negotiate with the Government on their behalf.[2] They claim the Government of Alberta violated their members’ Charter right to freedom of association.[3] This right protects employees’ ability to bargain collectively with employers – allowing employees to negotiate with employers more effectively.

Articles | Michael Graham | August 13, 2019
A Law to Stop Politicians From Lying

Category: The Charter, Fundamental Freedoms (Section 2)

With an upcoming federal election, Canadians are preparing to decide who deserves their vote. A 2019 poll conducted for The Globe and Mail found that the biggest issue for voters […]

Articles | Russell Green | August 9, 2019
The Feds and a Conversion Therapy Ban: Mixed Messages and Constitutional Challenges

Category: The Charter, Fundamental Freedoms (Section 2), Legal Rights (Sections 7-14), Federalism

In 2019, the federal government has been inconsistent about a potential ban on conversion therapy even though the practice is harmful and professionally disregarded. This article will pose and attempt […]

Articles | Russell Green | August 6, 2019
Jewish Holidays, Federal Elections, and Court Decisions! Oh My!

Category: The Charter, Fundamental Freedoms (Section 2), Democratic Rights (Sections 3-5)

Chani Aryeh-Bain, Conservative Party candidate in the upcoming federal election in the Toronto riding of Eglinton-Lawrence, and Ira Walfish, political activist, both adhere to an Orthodox Jewish faith and strictly […]

Articles | Michael Graham | July 31, 2019
A penny for your thoughts, if we like them: Freedom of Expression on Campus Part 1

Category: The Charter, Fundamental Freedoms (Section 2)

The Progressive Conservative Government of Ontario has altered their provincial funding scheme for post-secondary institutions: 60% of funding is now tied to measurements that include the employment and pay rates […]

Articles | Michael Graham | July 31, 2019
We like our speech deep dish: Freedom of Expression on Post-Secondary Campuses Part 2

Category: The Charter, Fundamental Freedoms (Section 2)

Last summer the Progressive Conservative government of Ontario ordered all provincially funded post-secondary institutions to implement free speech policies similar to the Chicago Principles.[1] Failure to do so could have ended […]

Articles | Russell Green | July 12, 2019
Delay in Alberta Public Sector Arbitration: Responsible Measure or Illegal Attack?

Category: The Charter, Fundamental Freedoms (Section 2)

Introduction: Public Sector Wage Arbitration Deferral Act On June 28, 2019, the Public Sector Wage Arbitration Deferral Act became law in Alberta.[1] The Act suspends and delays binding wage arbitrations between various public sector […]

Key Terms
Fundamental Freedoms

Category: The Charter, Fundamental Freedoms (Section 2)

Fundamental Freedoms are basic political liberties required in a democracy. In general, they guarantee that an individual can act, think, be, or do without government interference unless a law says […]

Key Terms
Freedom of Religion

Category: The Charter, Fundamental Freedoms (Section 2)

The freedom of religion is one of the fundamental freedoms protected by section 2 of the Canadian Charter of Rights and Freedoms.[1] What is the legal impact of having this freedom? […]

Key Terms
Freedom of Peaceful Assembly

Category: The Charter, Fundamental Freedoms (Section 2)

SECTION 2(C): FREEDOM OF PEACEFUL ASSEMBLY Section 2(c) of the Charter of Rights and Freedoms guarantees the freedom of “peaceful assembly.”[1] It is one of the fundamental freedoms protected in the Charter. The section protects […]

Key Terms
Freedom of Expression

Category: The Charter, Fundamental Freedoms (Section 2)

‘Freedom of expression’ is one of the fundamental freedoms protected by section 2 of the Canadian Charter of Rights and Freedoms. Section 2(b) provides that everyone has “freedom of thought, belief, […]

Key Terms
Freedom of Conscience

Category: The Charter, Fundamental Freedoms (Section 2)

Freedom of conscience is one of the fundamental freedoms protected by section 2 of the Canadian Charter of Rights and Freedoms.[1] What is the legal impact of this freedom? Ultimately, the […]

Key Terms
Positive and Negative Rights

Category: The Charter, Fundamental Freedoms (Section 2), Equality Rights (Section 15), Minority Language Education Rights (Section 23)

This article was written by a law student for the general public. Some constitutional rights outline the activities that the government must do, while other constitutional rights outline the activities that the […]

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