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Articles | Brandon Mewhort | February 6, 2009
Edmonton Plans to Deal with Aggressive Panhandlers

Category: The Charter, Fundamental Freedoms (Section 2), Legal Rights (Sections 7-14), Equality Rights (Section 15)

Edmonton has begun looking for ways to deal with aggressive panhandlers in public places. The Edmonton Police Service is most concerned with a group of 20 or 30 panhandlers who can make as much as $400 a day, and who

Articles | Chris Younker | February 5, 2009
Constitutionality of Child-Sex Tourism Law in Canada

Category: The Charter, Legal Rights (Sections 7-14), Equality Rights (Section 15)

In the recent case of R. v. Klassen, the B.C. Supreme Court upheld the constitutional validity of child-sex tourism charges laid against Canadians who commit illegal acts while overseas.[1] The first case to challenge the constitutionality of such charges dealt with Kenneth

Articles | Greg Clarke | February 4, 2009
NL MPs vote against Equalization changes

Category: Federalism

The Conservative government’s 2009 budget plan was passed in the House of Commons last night with a vote of 211 to 91, bringing a more-or-less official end to the 2008 coalition agreement struck by opposition parties. The New Democratic Party

Articles | Brandon Mewhort | February 2, 2009
Montreal Considers a Bylaw Prohibiting Insults to Police

Category: The Charter, Fundamental Freedoms (Section 2)

Montreal is considering a new bylaw that would make it illegal to insult police officers while on duty.[1] The Montreal Police Brotherhood has been seeking such a bylaw since 2003; however, Paul Chablo, the Chief Inspector of the Montreal police department,

Articles | Greg Clarke | January 28, 2009
Ignatieff and Budget 2009

Category: Democratic Governance

Ending weeks of speculation regarding whether or not the Liberal Party would support the Conservative government’s 2009-10 budget, Liberal leader Michael Ignatieff announced today that he will propose an amendment to the budget motion that, if passed in the House

Articles | Matthew Hennigar | January 12, 2009
British Columbia Puts Religious Freedom and Polygamy to the Test

Category: The Charter, Fundamental Freedoms (Section 2)

On January 8, British Columbia Attorney General Wally Oppal finally put an end to decades of what had become a mockery of the rule of law, when he decided to lay polygamy charges against Winston Blackmore, the leader of a

Articles | Alex Bailey | January 10, 2009
The Constitutional Status of Polygamy in Canada

Category: The Charter, Fundamental Freedoms (Section 2)

A special prosecutor for the government of British Columbia has charged Warren Blackmore and James Oler, leaders of the fundamentalist Mormon community in Bountiful B.C., with polygamy under section 293 of Canada’s Criminal Code.[1] Until recently, the province’s attorney-general had refrained

Review of Constitutional Studies | January 1, 2009
Volume 14.1 (2009)

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

19th Annual McDonald Lecture; Stephen Harper and the Foreign Relations of Canadian Provinces; Rawlsian Conceptualization of the Right to Vote; Aspirations for an Islamic State

Constitutional Forum | January 1, 2009
Volume 18.3 (2009)

Publication: Constitutional Forum
Category: Forum

In this issue: The IOC Made Me Do it: Women’s Ski Jumping, VANOC, and the 2010 Winter Olympics; Drivers Needed: Tough Choices from Alberta v. Wilson Colony of Hutterian Brethren; Abdelrazik: Tort Liability for Exercise of Prerogative Powers?; A Delicate Balance: Re Charkaoui and the Constitutional Dimensions of Disclosure

Constitutional Forum | January 1, 2009
Volume 18.2 (2009)

Publication: Constitutional Forum
Category: Forum

In this issue: Rebuttal to Edmund A. Aunger, “The Constitution of Canada and the Official Status of French in Alberta”; Confidence: How Much is Enough?; Guiding the Governor General’s Prerogatives: Constitutional Convention Versus an Apolitical Decision Rule; Semi-Presidentialism à la française: the Recent Constitutional Evolution of the “Two-Headed” Executive; Canada, the United Nations Human Rights Council, and Universal Periodic Review

Constitutional Forum | January 1, 2009
Volume 18.1 (2009)

Publication: Constitutional Forum
Category: Forum

In this issue: The Governor General’s Decision to Prorogue Parliament: A Chronology & Assessment; The Turmoil Surrounding the Prorogation of Canada’s 40th Parliament & the Crown; The Constitutionality of Prorogation; La « crise de la prorogation » vue du Québec; Canada’s Neglected Tradition of Coalition Government; The Role of the Federal Court in National Security Issues: Balancing the Charter Against Anti-terrorism Measures

Articles | Greg Clarke | December 12, 2008
Harper to Fill Senate Vacancies

Category: Democratic Governance

Prime Minister Stephen Harper has promised to appoint Conservatives to fill all remaining Senatevacancies before Christmas 2008. The prime minister had not been filling Senate seats as retiring senators vacated them. To do so would have contradicted the federal government’s proposed legislation, designed to implement the Conservative Party’s Senate-reform policy. This policy includes introducing provincial consultative elections to guide the prime

Articles | Terry Romaniuk | December 11, 2008
Supreme Court Strikes Down Portions of Employment Insurance Act

Category: Federalism

The Supreme Court of Canada (S.C.C.) has ruled that two sections of the Employment Insurance Act in force in 2001, 2002, and 2005, respectively, are unconstitutional.[1] In Confédération des syndicats nationaux v. Canada (Attorney General) the Court held that insurance premiums were collected unlawfully.[2] The federal

Articles | Alex Bailey | December 8, 2008
The Oilpatch, the Environment, and Constitutional Jurisdiction

Category: Federalism

Concern over the environmental impact of the Alberta oil sands has led to talks of trade bans in the United States, to attempts to place limits on bitumen exports by the Canadian federal government, and to constitutional questions over which

Articles | Terry Romaniuk | December 2, 2008
National Press Celebrates the Prospect of Police Investigations

Category: Human Rights

Promoting hatred is a criminal offence under the hate propaganda sections of Canada’s Criminal Code (318 through 320.1).[1] Allegations made under those sections are investigated by police officers and prosecuted by Crown prosecutors. This means that guilt in those cases must be

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