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Speakers and Panels | September 18, 2019
The Administered Constitution: Administrative Tribunals’/Agencies’ Critical Constitutional Role

Category: Videos, Speakers and Panels

Professor Sophia Lee, University of Pennsylvania Law School

Administrative tribunals have historically played a primary role interpreting and applying the Constitution. However, this fundamental role is often underestimated, misunderstood, and overlooked. Some argue courts should more closely scrutinize administrative decisions. Others, that legislators should be more alert to the powers delegated to these bodies. Professor Sophia Lee will trace the history of ‘administrative constitutionalism’ in the US to emphasize the critical role and power of administrative tribunals as creators of constitutional meaning.

Constitutional Forum | September 10, 2019
Volume 28.3 (2019)

Publication: Constitutional Forum
Category: Forum

Volume 28.3 – This open issue includes topics on the Crown’s role in government formation, Section 52 of the Constitution, Freedom of Expression, and Federalism.

Articles | Michael Graham | August 13, 2019
A Law to Stop Politicians From Lying

Category: The Charter, Fundamental Freedoms (Section 2)

With an upcoming federal election, Canadians are preparing to decide who deserves their vote. A 2019 poll conducted for The Globe and Mail found that the biggest issue for voters […]

Articles | Russell Green | August 9, 2019
The Feds and a Conversion Therapy Ban: Mixed Messages and Constitutional Challenges

Category: The Charter, Fundamental Freedoms (Section 2), Legal Rights (Sections 7-14), Federalism

In 2019, the federal government has been inconsistent about a potential ban on conversion therapy even though the practice is harmful and professionally disregarded. This article will pose and attempt […]

Key Terms
Charter Application

Category: The Charter

The Charter protects certain human rights and freedoms. Before considering whether a Charter right or freedom has been violated, there is a threshold question that must be answered: does the […]

Articles | Russell Green | August 6, 2019
Jewish Holidays, Federal Elections, and Court Decisions! Oh My!

Category: The Charter, Fundamental Freedoms (Section 2), Democratic Rights (Sections 3-5)

Chani Aryeh-Bain, Conservative Party candidate in the upcoming federal election in the Toronto riding of Eglinton-Lawrence, and Ira Walfish, political activist, both adhere to an Orthodox Jewish faith and strictly […]

Articles | Julia Amelio | August 6, 2019
The Military Exception: SCC affirms no right to a trial by jury for military members

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

Introduction The Supreme Court of Canada (“SCC”) ruled that members of the Canadian military charged with ordinary civilian crimes do not have the Charter right to a trial by jury […]

Articles | Michael Graham | July 31, 2019
A penny for your thoughts, if we like them: Freedom of Expression on Campus Part 1

Category: The Charter, Fundamental Freedoms (Section 2)

The Progressive Conservative Government of Ontario has altered their provincial funding scheme for post-secondary institutions: 60% of funding is now tied to measurements that include the employment and pay rates […]

Articles | Michael Graham | July 31, 2019
We like our speech deep dish: Freedom of Expression on Post-Secondary Campuses Part 2

Category: The Charter, Fundamental Freedoms (Section 2)

Last summer the Progressive Conservative government of Ontario ordered all provincially funded post-secondary institutions to implement free speech policies similar to the Chicago Principles.[1] Failure to do so could have ended […]

Articles | Russell Green | July 30, 2019
Comparing Federal Government and Indigenous Perspectives on Self-Government Agreements

Category: Aboriginal Rights

Introduction: Agreements for Self-Government Indigenous peoples have lived in what is now Canada for thousands of years, governing themselves and developing unique legal orders. The Canadian state, with its colonial […]

Articles | Julia Amelio | July 29, 2019
Solitary, Segregation or a Structured Intervention Unit – An Unconstitutional Way to Do Time?

Category: The Charter

Introduction The Government of Canada has stated they are ending the practice of segregating inmates and leaving them in cells alone for extended periods of time. While Canada does not […]

Articles | Russell Green | July 22, 2019
A National Pharmacare Plan Requires Cooperative Federalism

Category: Federalism

Introduction: Proposed Pharmacare Canada is the only OECD country with universal health coverage that does not include prescription drugs.[1] Canadian provinces have different regulations for prescription coverage – offering a mix […]

Articles | Julia Amelio | July 18, 2019
Wrangling with the Law: Can Federalism Save Rodeo Animals?

Category: Federalism

Introduction The Calgary Stampede is an annual rodeo and festival held every July in Calgary, Alberta. The event hosts one of the world’s largest rodeos in which people from all […]

Articles | Michael Graham | July 17, 2019
The ‘Carbon Tax’. Wait, can the feds do that?

Category: Federalism

The highest provincial courts of Saskatchewan and Ontario both found the Greenhouse Gas Pollution Pricing Act (“the Act”), better known as the ‘carbon tax’, constitutional. But not everyone agrees.[1] Debating the constitutionality of […]

Articles | Julia Amelio | July 12, 2019
Back to the basics – Pipeline dispute sees use of traditional constitutional doctrines

Category: Federalism

Introduction The Trans Mountain (“TMX”) pipeline expansion was reapproved in June 2019. While awaiting the decision, the province of British Columbia considered introducing environmental legislation that would allow them to […]

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