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Review of Constitutional Studies | January 1, 2011
Volume 16.1 (2011)

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

Meech Lake, Indigenous Resistance and Politics; Substantive Equality; Constitutional Complexity of the EU; Municipal Approaches to Regulating the Sex Trade; Habeas Corpus

Review of Constitutional Studies | January 1, 2011
Volume 15.2 (2011)

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

22nd Annual McDonald Lecture; Irwin Toy Framework for Freedom of Expression; Civil Republican Theory of Canadian Constitutional Law; The Courts and Coordinate Constitutional Interpretation

Constitutional Forum | January 1, 2011
Volume 20.2 (2011)

Publication: Constitutional Forum
Category: Forum

In this issue: Case Comment: Canada (Attorney General) v PHS Community Services Society

Constitutional Forum | January 1, 2011
Volume 20.1 (2011)

Publication: Constitutional Forum
Category: Forum

In this issue: Canada’s re-emerging Division of Powers and the Unrealized Force of Reciprocal Interjurisdictional Immunity; Fédéralisme Canadien et Lutte Contre Les Changements Climatiques; Canadian Federalism in the Context of Combating Climate Change; The Manual of Official Procedure of the Government of Canada: An Exposé

Articles | Jim Young | October 4, 2010
Ontario Court Confirms No Right to Bear Arms in Canada; Supreme Court Will Not Hear Appeal

Category: The Charter

The second amendment of the United States Constitution establishes the right to bear arms. Born out of violent revolution, the United States in 1791 was a place where it seemed essential to the survival of the nation that gun ownership be enshrined

Articles | Adam Badari | September 30, 2010
Westendorp v. The Queen – Can a City Prohibit Street Prostitution? (1983)

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

In 1983, the Supreme Court of Canada decided a case about the division of powers in Canadian federalism.[1] The Court had to decide whether the City of Calgary had the constitutional authority to make it illegal for a person to be on the

Articles | Adam Badari | August 26, 2010
Equality Rights since 1985

Category: The Charter, Equality Rights (Section 15)

Section 15 of the Canadian Charter of Rights and Freedoms states: (1)  Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based

Articles | Jim Young | August 16, 2010
R. v. Powley (2003) – Métis Rights

Category: Aboriginal Rights

The Supreme Court of Canada’s 2003 decision in R. v. Powley is significant because it provided the legal test for determining the aboriginal rights of the Métis people. Section 35 of the Constitution Act, 1982 recognizes and affirms the aboriginal rights of the Indian, Inuit, and

Articles | Jim Young | August 13, 2010
Government Appeals Latest Court Order on Omar Khadr’s Constitutional Rights

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

On July 12, 2010, exactly seven days after the Federal Court gave the government one week to come up with an effective remedy for its violation of Omar Khadr’s rights, [1] the government has announced it will appeal.[2] The decision of Federal Court Judge Russel

Articles | Jim Young & Adam Badari | August 3, 2010
Federal Court of Appeal Stays Order to Remedy Violation of Omar Khadr’s Rights; Warns of “Affront” to Separation of Powers

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

Following the Supreme Court of Canada’s declaration that Omar Khadr’s rights were breached by actions of the Canadian government, the spheres of power claimed by Canada’s government and Canada’s courts have clashed. In that decision, the Supreme Court confirmed that the Canadian

Articles | Jim Young | July 29, 2010
The Right to Vote

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

Until 1982, there was no constitutionally protected right to vote in Canada. Instead, the right to vote was provided by ordinary legislation which, at times, excluded parts of the population. What began as a right conferred only on white male

Articles | Jim Young | July 28, 2010
Vancouver (City) v. Ward (2010) – Damages for Breach of Charter Rights

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

When the police – or any other government actor – breach any of the rights and freedoms guaranteed by theCanadian Charter of Rights and Freedoms, section 24(1) of the Charter empowers courts to order any remedy that the court considers “appropriate and just in

Articles | Adam Badari | July 13, 2010
Ontario (Public Safety and Security) v. Criminal Lawyers’ Association (2010) – Freedom of Expression and Access to Government Documents

Category: The Charter, Fundamental Freedoms (Section 2)

On June 17, 2010, the Supreme Court of Canada recognized for the first time that freedom of expression, as guaranteed by the Canadian Charter of Rights and Freedoms, constitutionally protects access to government documents in some circumstances.   The case concerned the way

Articles | Adam Badari | July 7, 2010
Federal Court Rules Again on Omar Khadr’s Ongoing Detention

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

On July 5, 2010, the Federal Court of Canada ruled on the obligations the Canadian government owes to Omar Khadr. Khadr is a Canadian citizen. He has been in American custody in Guantanamo Bay since his arrest in 2002, when

Articles | Adam Badari | July 5, 2010
Future of Safe Injection Site to be Determined by Supreme Court

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

On June 24, 2010, the Supreme Court of Canada decided to hear an appeal from a constitutional case that will decide the fate of Insite, Canada’s first supervised injection site. Insite is located in Vancouver’s downtown east side. It provides a place for

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