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Articles | Matthew Schneider | July 5, 2016
The Case of the Unwanted Cell Tower: Rogers and the Defence of Federal Jurisdiction

Category: Federalism

This case solidifies the federal government’s jurisdiction over federal undertakings and radiocommunications. The Constitution divides legal jurisdiction in Canada between the federal and provincial governments.[1] Although the federal and provincial governments have overlapping jurisdiction over certain topics, in order for

Articles | Matthew Schneider | July 1, 2016
Federal Government: Constitutional Protector of Frogs

Category: Federalism

Symbiocité Development Blocked Can the federal government prevent the construction of a residential development in a Montréal suburb to protect frogs? Yes, it can.[1] On June 22, the federal government issued an emergency order under section 80 of its Species

Articles | Michael Saunders | June 8, 2016
A Spirited Decision: Free Trade Wins in Liquor and Spirit Dispute

Category: Federalism

Originally published: 8 June 2016 Should Canadians be allowed to purchase liquor in one province and take it with them to another? Would provincial laws restricting this be constitutional? Lawyers in Canada have been discussing such questions for nearly a

Articles | Dorian Simonneaux | June 2, 2016
O Canada: in all of us command?

Category: The Charter, Equality Rights (Section 15)

The lyrics to “O Canada” are considered by some to be immutable, an integral part of Canadian identity. Yet throughout their history they have not been spared from significant amendment.[1] Liberal MP Mauril Bélanger’s recent private member’s bill[2] is but

Articles | Matthew Schneider | June 1, 2016
Removal of Objections to UNDRIP: Repercussions at Home and Abroad

Category: Aboriginal Rights

  On Tuesday, May 10, 2016 Canada removed its objections to the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP).[1] UNDRIP may significantly alter the legal framework of Aboriginal rights and title in Canada, but this continues to

Articles | Juliana Ho | February 16, 2016
Right Not to Face Cruel and Unusual Punishment

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

Introduction Section 12 of the Canadian Charter of Rights and Freedoms protects against “any cruel and unusual treatment or punishment.” Like other Charter rights, section 12 can only be triggered by government action. For example, a parent using corrective force

Articles | November 24, 2015
Part I: What is Magna Carta?

Category: Democratic Governance

This article was written by a law student for the general public. Introduction 2015 is the 800-year anniversary of Magna Carta, a medieval agreement that limited the English king’s power. It has been popularly thought of as a symbol of

Articles | November 23, 2015
Part II: Magna Carta and Canada’s Constitution

Category: Democratic Governance

This article was written by a law student for the general public. Introduction Magna Carta is not formally part of Canada’s Constitution, but it played an important role in its creation. Concepts such as the rule of law and many

Articles | October 27, 2015
Trinity Western University v. Ontario and Nova Scotia

Category: The Charter, Fundamental Freedoms (Section 2)

This article was written by a law student for the general public. Introduction The Canadian Charter of Rights and Freedoms protects some of our basic human rights. However, those rights can sometimes conflict with one another. While one group might

Articles | October 6, 2015
Let It Go – The Charter and the Right to Be Frozen

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

This article was written by law students for the general public. What’s the Issue? Cryonics is a method of preserving dead bodies. The process uses low temperatures to avoid decomposition. This allows people to have their bodies frozen after death,

Articles | October 2, 2015
When Getting to Court Takes Too Long: R v MacPherson

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

This article was written by a law student for the general public. Introduction When a person is accused of a crime, section 11(b) of the Canadian Charter of Rights and Freedoms protects his or her right to a trial within

Articles | September 28, 2015
Updated – Unveiling Religious Freedom: The Niqab at the Citizenship Ceremony

Category: The Charter, Fundamental Freedoms (Section 2)

This article was written by a law student for the general public. Introduction The final step to become a Canadian citizen is the oath of citizenship. Citizenship and Immigration Canada requires citizenship candidates to remove full or partial face coverings

Articles | September 15, 2015
How Fair is the Fair Elections Act? Voter ID Rules

Category: Democratic Governance

This article was written by a law student for the general public. Introduction The right to vote is essential to a democracy. That is because the people need to be in charge of selecting who will govern them. However, every

Articles | August 7, 2015
Unveiling Religious Freedom: The Niqab at the Citizenship Ceremony

Category: The Charter, Fundamental Freedoms (Section 2)

Introduction The final step in becoming a Canadian citizen is the oath of citizenship. Citizenship and Immigration Canada requires citizenship candidates to remove full or partial face coverings while taking the oath. Zunera Ishaq is devout Muslim who wears a

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