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Articles | Nathaniel Gartke | May 23, 2018
Is “turning off the taps” constitutional?

Category: Federalism

Is “turning off the taps” constitutional? On Wednesday, May 16, 2018, the Alberta Government passed a law giving itself broad powers over the export of oil products.[1] Bill 12 passed […]

Articles | Katherine Creelman | October 23, 2017
Free expression: Do Canadian universities make the grade?

Category: The Charter, Fundamental Freedoms (Section 2)

Universities in Canada are currently grappling with balancing respect for free expression and the call for less offensive speech on campus, especially when it targets and harms marginalized groups. But, […]

Articles | September 25, 2017
Reconciliation Conference a ‘turning point’ for Indigenous law | CBC News

Category: Aboriginal Rights

Article – U of A conference a ‘turning point’ for Indigenous law – CBC News (September 22, 2017)

Articles | Katherine Creelman | September 11, 2017
The Senate Reference: Supreme Court outlines Constitutional road to reform

Category: Democratic Governance

*This article was written by our summer student Katherine Creelman and published in Law Now’s September/October – Special Report on The Senate. Controversies in the Senate have caused many to […]

Articles | Coleman Brinker & Raymond Chen | September 8, 2017
Governor General of Canada: the Role, the Myth, the Legend

Category: Democratic Governance

The Governor General of Canada is the representative of Canada’s head of state – the Queen.[1] The Constitution Act, 1867 expressly states that the executive branch of Canada’s government is […]

Articles | Katherine Creelman | September 8, 2017
Extra, extra! Protecting the “free” press in Canada

Category: The Charter, Fundamental Freedoms (Section 2)

“2. Everyone has the following fundamental freedoms: (b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;”[1] In Canada, freedom of the […]

Articles | Raymond Chen | August 30, 2017
Safe Injection Sites: How the Supreme Court got it right with Insite

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

In 2011, the Supreme Court of Canada ordered the federal Minister of Health to continue exempting Insite, a safe injection facility, from the application of criminal drug laws.[1] The Court […]

Articles | Coleman Brinker | August 4, 2017
Your right to live in a healthy environment: phantom or reality?

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

What does it mean to have a right to a healthy environment? And is this a right that Canadians can have and enjoy? Having a right to a healthy environment […]

Articles | Katherine Creelman | August 4, 2017
The Free Press: No freedom without source protection

Category: The Charter, Fundamental Freedoms (Section 2)

There is a dilemma created with respect to the use of certain sources by the press:  how can the press truly be free to report, when their sources are not […]

Articles | Coleman Brinker | August 4, 2017
Carbon tax showdown: where will your money go?

Category: Federalism

Introduction Can the federal government’s commitments on greenhouse gases be realized in the face of provincial opposition? Canada’s federal government has committed to reducing greenhouse gas emissions to 30% below […]

Articles | Raymond Chen | July 20, 2017
Judicial independence vs. accountability: Training judges on sexual assault

Category: Democratic Governance

Increased scrutiny of the verdicts in sexual assault cases shows that the Canadian judiciary is not immune to sexual assault myths and stereotypes. Judges are not required to have a […]

Articles | Coleman Brinker | July 19, 2017
Solitary Confinement vs the Charter of Rights and Freedoms

Category: The Charter

Solitary confinement – a prisoner’s isolation from other inmates and prison staff for 22 hours or more a day– can have major negative impacts on human health.[1] Its use can […]

Articles | Coleman Brinker | July 10, 2017
Sex, religion, and a private university pave a bumpy road to the Supreme Court

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

There is nothing like sex and religion to ignite a heated debate. Once again, such a debate has found its way to the courtroom and is scheduled to be heard […]

Articles | Raymond Chen | July 7, 2017
One Year Post-Jordan: Was it really a game changer?

Category: The Charter

One year ago, the majority of the Supreme Court of Canada in R v Jordan set new timelines for completing criminal trials, giving new life to an accused person’s right […]

Articles | Coleman Brinker | July 5, 2017
When Charter Rights Collide: Trinity Western University at the British Columbia Court of Appeal

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

What happens when two rights and freedoms guaranteed by the Canadian Charter of Rights and Freedoms[1], such as equality rights and the freedom of religion, come into conflict with each […]

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