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Articles | CCS Administrator | October 19, 2018
“Purging” Facebook of Threats and Hate Speech: Is this Constitutional?

Category: The Charter, Fundamental Freedoms (Section 2)

Introduction Two women in Manitoba have been charged with uttering threats and public incitement of hatred for their Facebook comments, posted in response to the vandalism of one woman’s car.[1] The […]

Articles | CCS Administrator | September 25, 2018
Section 33 (Notwithstanding Clause): The Charter’s Sleeping Giant by Prof Barbara Billingsley

Category: The Charter

Billingsley, Barbara. “Section 33:The Charter’s Sleeping Giant.” 21st Windsor Year Book of Access to Justice 331 (2002): 331-346. Section 33 was included in the Canadian Charter of Rights and Freedoms as a […]

Articles | Kristen Pue | September 20, 2018
A “Big City Charter” for Edmonton and Calgary: Explaining the Role of Municipalities in Canada’s Federal Framework

Category: Federalism

Introduction Edmonton and Calgary’s relationship with the province of Alberta will be redefined with the signing of the province’s first-ever civic charter – the “Big City Charter.”  On June 18, […]

Articles | Nathaniel Gartke | September 18, 2018
Wading into murky waters: Courts and the complexities of organized religion

Category: The Charter, Fundamental Freedoms (Section 2)

 Introduction An old maxim has it that there are three things one should never discuss around the dinner table: sex, politics, and religion. In some way, the same holds true […]

Articles | Katherine Creelman | September 17, 2018
What is the Notwithstanding Clause?

Category: The Charter

This article was written by a law student for the general public. Updated: May 31, 2017 33 (1) Parliament or the legislature of a province may expressly declare in an Act […]

Articles | Lana Borenstein | July 30, 2018
Legislating Under the Influence: Is the Impaired Driving Act Constitutional?

Category: The Charter

Introduction As the Trudeau government sought to fulfill its campaign promise of legalizing cannabis with Bill C-45 (The Cannabis Act), it also introduced a complementary bill to address impaired driving last […]

Articles | Chenoa Sly | July 27, 2018
Failing to Provide the Necessaries of Life: Freedom of Conscience and Religion, Parental Choice and Children’s Rights

Category: The Charter, Fundamental Freedoms (Section 2)

Introduction David and Collet Stephan were convicted in April 2016 of failing to provide the necessaries of life (Criminal Codes 215(2)(b)) to their son Ezekiel, who died of meningitis in […]

Articles | Chenoa Sly | July 26, 2018
Accommodating UNDRIP: Bill C-262 and the future of Duty to Consult

Category: Aboriginal Rights

Introduction In May 2018, Bill C-262, An Act to ensure that the laws of Canada are in harmony with the United Nations Declaration on the Rights of Indigenous Peoples, passed in […]

Articles | Lana Borenstein | July 17, 2018
The Senate’s amendments to the Cannabis Act: Just a ‘sober second thought’ or high on power?

Category: Democratic Governance

The Canadian Senate has long been the object of criticism from Canadians and lawmakers alike[1]. Since its inception, politicians have sought to reform the upper chamber, and Senate reform has […]

Articles | Nathaniel Gartke | July 17, 2018
Two options for pay equity: complete compensation or no laws at all

Category: The Charter, Equality Rights (Section 15)

On May 10, 2018, the Supreme Court released two decisions about challenges to pay equity laws in Quebec.[1] Several unions challenged two provisions in the pay equity laws claiming they  violated equality […]

Articles | Nathaniel Gartke | July 12, 2018
SCC clarifies freedom of religion, gives law societies license to limit it

Category: The Charter, Fundamental Freedoms (Section 2)

On June 15, 2018, the Supreme Court of Canada released a highly-anticipated pair of decisions: Law Society of British Columbia v Trinity Western University[1] and Trinity Western University v Law Society of Upper […]

Articles | Lana Borenstein | July 6, 2018
Carbon Tax Showdown: Who Holds the Power?

Category: Federalism

Articles | Chenoa Sly | June 27, 2018
An End to Mandatory Minimum Sentences?

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

Imagine a college student returning from a spring-break trip to Seattle with one joint (cannabis) who is arrested for importing a controlled substance, convicted, and sentenced to 7 years in […]

Articles | Nathaniel Gartke | June 14, 2018
“Free the Beer” case falls flat at Supreme Court

Category: Federalism

On March 19th, 2018, the Supreme Court of Canada released its decision in R v Comeau[1]—known popularly as the “Free the Beer” case. (A summary of the facts and issues […]

Articles | Chenoa Sly | June 14, 2018
A Jury of Whose Peers?

Category: Democratic Governance, The Charter

On February 9th, 2018, Gerald Stanley was acquitted of second degree murder and manslaughter in the shooting death of Colten Boushie, an Indigenous man. Following the not guilty verdict by […]

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