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Articles | Teresa Holmes, Student Researcher | July 9, 2020
Caging the Virus: Is Mandatory Isolation Constitutional?

Category: The Charter, Legal Rights (Sections 7-14)

Introduction
Recent news articles raise concerns about how government measures to contain COVID-19 may infringe the Charter of Rights and Freedoms. One of the many measures raising concerns is mandatory isolation. While it is likely that the measures violate Charter rights, a court will likely find them constitutional. This article will explain why.
On March 17, 2020, the Government of Alberta declared a public health emergency due to pandemic COVID-19 and proceeded to implement emergency protections. These emergency protections include public health orders that restrict gatherings and services, and require mandatory isolation.

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 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 […]

Key Terms
Charter Application

Category: The Charter

The Charter protects certain human rights and freedoms. Before considering whether a Charter right or freedom has been violated, there is a threshold question that must be answered: does the […]

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 | Julia Amelio | August 6, 2019
The Military Exception: SCC affirms no right to a trial by jury for military members

Category: The Charter, Legal Rights (Sections 7-14)

Introduction The Supreme Court of Canada (“SCC”) ruled that members of the Canadian military charged with ordinary civilian crimes do not have the Charter right to a trial by jury […]

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 | Julia Amelio | July 29, 2019
Solitary, Segregation or a Structured Intervention Unit – An Unconstitutional Way to Do Time?

Category: The Charter

Introduction The Government of Canada has stated they are ending the practice of segregating inmates and leaving them in cells alone for extended periods of time. While Canada does not […]

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
Habeas Corpus

Category: The Charter

Existing since the 13th century, habeas corpus is both a free-standing right and, more recently, a right protected under section 10(c) of the Charter.[1] Habeas Corpus translates to “produce the body”.[2] A habeas corpus application is used by persons […]

Articles | Julia Amelio | July 9, 2019
Is it Time to Dust-Off Section 28 of the Charter?

Category: The Charter

Introduction Quebec has passed Bill 21, An Act Respecting the Laicity of the State (“the Act”) which bans some public sector workers from wearing religious symbols while on the job. The Act […]

Key Terms
Official Languages

Category: The Charter, Official Languages of Canada (Sections 16-22)

‘Official language(s)’ refer to the language(s) in which states normally conduct their business and communicate with their citizens. Many of the world’s constitutions privilege particular languages as ‘official’ by so […]

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