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Articles | Judy Feng | July 31, 2012
British Columbia Teachers’ Federation v British Columbia (2011) – Third Party Election Advertising limits in BC Election Campaigns

Category: The Charter, Fundamental Freedoms (Section 2)

On November 11, 2011, the BC Court of Appeal ruled on third party election advertising limits in the BC Elections Act. The Court agreed that the restrictions violated section 2(b), freedom of expression rights in the Canadian Charter of Rights and Freedoms. They then

Articles | Leah McDaniel | July 31, 2012
R v Sinclair (2010): No Constitutional Right to Have a Lawyer Present During Police Interrogation

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

INTRODUCTION In R v Sinclair,[1] the Supreme Court considered the limits and scope of the Charter of Rights and Freedoms guarantee to a lawyer in the event of arrest or detention. Under section 10(b) of the Charter: Everyone has the right on arrest or detention …

Articles | Judy Feng | July 19, 2012
Tessier Ltée v Quebec (2012) – Division of Powers and Labour Relations

Category: Federalism

On May 17, 2012, the Supreme Court of Canada released its decision in Tessier Ltée v Quebec.[1] The case dealt with the constitutional division of powers between the federal and provincial levels of government. At issue was whether Tessier, a company with part of

Articles | Judy Feng | July 18, 2012
Ted Opitz, et al. v. Borys Wrzesnewskyj, et al.: the Battle Over Etobicoke Centre Election Results

Category: The Charter, Democratic Rights (Sections 3-5)

On July 10, 2012, the Supreme Court of Canada took a rare break from its summer recess to hear the Etobicoke case, a case which centered on a dispute in Etobicoke, Ontario over contested federal election results. The case was

Articles | Judy Feng | July 12, 2012
Harper v Canada (2004) – Third Party Election Advertising limits in Federal Election Campaigns

Category: The Charter, Fundamental Freedoms (Section 2)

The Canada Elections Act limits advertising spending by third party individuals and groups during a federal election campaign. According to section 350 of the Canada Elections Act, third parties are limited to spending a maximum of $3,000 in each electoral district or up to a

Articles | Kristen Pue | July 10, 2012
Reference re: Manitoba Language Rights

Category: The Charter, Minority Language Education Rights (Section 23)

The Reference power is a uniquely Canadian aspect of the legal system. This means that government is able to submit a “reference question” to the Supreme Court on constitutional matters that haven’t yet and may not ever become a court

Articles | Leah McDaniel | July 10, 2012
Reference re Securities Act (2011): Does Parliament Have the Power to Establish a Canada-wide Securities Regulator?

Category: Democratic Governance

Introduction In a decision released November 22, 2011, the Supreme Court of Canada provided its opinion on whether the government’s proposed Securities Act[1] was within the constitutional authority of the federal Parliament.[2] The decision in Reference re Securities Act is the result of a

Articles | Judy Feng | June 28, 2012
House of Commons votes to repeal “hate messages” section of the Canadian Human Rights Act

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

In June 2012, the House of Commons passed Bill C-304, which would amend the Canadian Human Rights Act[1] by repealing section 13 of the Act. Section 13 makes it a “discriminatory practice” to communicate hate messages by telephone or on the Internet.[2] Sponsored by Brian Storseth, Conservative

Articles | Judy Feng | June 4, 2012
Legal Perspectives on Bill 78 – Quebec’s “Emergency Law” to Quell Student Protests

Category: The Charter, Fundamental Freedoms (Section 2)

Massive crowds fill the streets of downtown Montreal every spring and summer. But unlike most years, when people gather for the International Jazz Festival or the Grand Prix, 2012 is a year of student demonstrations. Crowds of up to 100,000

Articles | Judy Feng & Leah McDaniel | May 31, 2012
Federal Government Faces Constitutional Challenges to Scrapping the Long-gun Registry

Category: Federalism

In April 2012, Parliament passed Bill C-19, which abolished the federal long-gun registry. Or at least attempted to. The Ending the Long-gun Registry Act shuts down operation of the long-gun registry, including the collection and use of registered information, and begins a process

Articles | Leah McDaniel | May 24, 2012
Tobacco Advertising Rules Go Back to Court … Again

Category: The Charter, Fundamental Freedoms (Section 2)

Imperial Tobacco Ltd and JTI-Macdonald Corp are challenging the constitutionality of new federal tobacco advertising regulations. The regulations will take effect in June 2012. The companies have each launched cases in Ontario Superior Court.[1] Under federal regulations, tobacco products already

Review of Constitutional Studies | January 1, 2012
Volume 17.2 (2012)

Publication: Review of Constitutional Studies/Revue d’études constitutionnelles
Category: Review

Constitutional Litigation, Adversarial System; Proceeds from Criminal Notoriety; Conceptual Precision and Parliamentary Systems of Rights; Federalism and the Constitution

Review of Constitutional Studies | January 1, 2012
Volume 17.1 (2012)

Publication: Review of Constitutional Studies/Revue d’études constitutionnelles
Category: Review

The Charter at 30; Protective Function and Section 7; 23rd Annual McDonald Lecture; Judicial Independence; Tribal Constitutionalism

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