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Articles | Raymond Chen | June 26, 2017
Sahaluk v Alberta: The Right to a Fair Trial, Impaired

Category: The Charter

Alberta’s administrative license suspension program immediately suspends the driver’s license of those individuals charged with an alcohol-related driving offence under the Criminal Code.[1] In May 2017, the majority of the Alberta Court of Appeal in Sahaluk v Alberta (Transportation Safety

Articles | Katherine Creelman | June 19, 2017
Waiting for justice: R v Jordan and the new framework for delay

Category: The Charter

This article is written by a law student for the general public. What does it mean to be tried in a reasonable time? In R v Jordan, a majority of the Supreme Court of Canada answered this question with a

Articles | March 28, 2017
Editorial: Remembering promises – lessons from 75th anniversary of dispossession of Japanese Canadians

Category: Democratic Governance

The Centre’s Research Fellow Eric M. Adams and Jordan Stranger-Ross co-wrote an editorial for the Vancouver Sun (March 26, 2017) on the dispossession of Japanese Canadians. The editorial is available here. Source: Vancouver Sun You can learn more about Eric

Articles | December 2, 2016
CBC News | “Leave law aside” – Alberta professors discuss Gay-Straight Alliances and religious schools

Category: The Charter, Fundamental Freedoms (Section 2)

CBC News Edmonton featured a story about the Centre’s public legal education event “Gay-Straight Alliances and Religious Schools: A Clash of Rights & Freedoms” (Nov 30, 2016) Click here to read the CBC article

Articles | November 24, 2016
Inside the Supreme Court of Canada: CPAC Documentary

Category: Democratic Governance

“Inside the Supreme Court of Canada” is a documentary produced by CPAC, looking at the history and evolution of the Supreme Court featuring interviews with all the current Supreme Court justices. The documentary also discusses the Court’s role as a

Articles | November 7, 2016
Editorial: In the US and Canada, the founders always feared a Trump

Category: Democratic Governance

In an editorial special for The Globe and Mail, our Research Fellow, Eric M Adams, discusses the unprecedented American presidential campaign and how the US and Canadian constitutional systems differ in preparing for the rise of Trump-like figures. Read Eric

Articles | Matthew Schneider | October 20, 2016
Pipelines and the Constitution

Category: Federalism

Introduction Recent proposals to construct major crude oil pipelines have reopened jurisdictional conflicts in Canada. While the Constitution clearly grants the power to regulate interprovincial pipelines to the federal government, the legal consensus in Canada over the past few decades

Articles | Michael Saunders | October 14, 2016
Physician-Assisted Dying: The Senate’s Role in the Legislative Process

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

Originally published: 20 July 2016 Physician-assisted dying is now legal in Canada. In the case of Carter v Canada (Attorney General) 2015, the Supreme Court of Canada struck down the provisions of the Criminal Code prohibiting it.[1] The House of

Articles | Dorian Simonneaux | August 29, 2016
Criminally Responsible… Not

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

Despite the prevalence of mental health issues in Canadian prisons,[1] a statistically tiny portion of offenders (less than 1%) seek the designation of, and are subsequently deemed, ‘Not Criminally Responsible on Account of Mental Disorder’ [NCR].[2] Those who do receive

Articles | August 9, 2016
The Mikinaks: Personal and Legal Indigenous Identity

Category: Aboriginal Rights

On December 9, 2015, the Mikinak Communauté Autochtone de la Montérégie was founded in a Montreal suburb.[1] To join this group, one must prove some sort of Indigenous ancestry and pay 80 dollars.[2] The Mikinak leadership issues members “status” cards,

Articles | Matthew Schneider | August 9, 2016
No Warrant Necessary? Penile Swabs in Sexual Assault Cases

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

R v Saeed applies the existing police ‘search incident to arrest’ powers to a new form of search: a penile swab. The case is a good example of how the courts assess the constitutionality of police searches when heightened privacy

Articles | Matthew Schneider | July 28, 2016
Constitutional Boundaries to Federal Electoral Reform

Category: Federalism

Originally published: 28 July 2016 The Government of Canada has been elected using the “first past the post” (FPTP) system for nearly 150 years, but that does not mean it must be forever so. The Liberal Party promised that the

Articles | Michael Saunders | July 18, 2016
The Carter Conundrum: The Impact of the Supreme Court’s Suspended Declaration

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

Lawyers in Canada have debated whether or not to permit physician-assisted dying for over two decades. In the 2015 Carter v Canada (Attorney General)[1] decision, the Supreme Court ruled that Canada’s prohibition on physician-assisted dying was unconstitutional. The Court issued

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