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

Publication: Constitutional Forum
Category: Forum

In this issue: The Crown and Government Formation: Conventions, Practices, Customs, and Norms; Declarations of Invalidity in Superior Courts; Ford et Irwin Toy 30 ans plus tard: une conversation avec le juge de Montigny; Ford and Irwin Toy 30 Years Later: A Conversation with Justice Montigny

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 is ethics in government.[1] This concern is not uniquely Canadian either.

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 to answer a series of questions: What is the ‘therapy’

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 Charter even apply? Section 32 of the Charter explains who

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 follow religious holidays.[1] The date of the upcoming federal election,

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 if their charge is covered by section 130(1)(a) of the

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 of graduates.[1] It appears the United Conservative Government of Alberta (“UCP”)

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 in the withholding of funding.[2] The United Conservative government of Alberta

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 roots, has been slow to recognize this reality. However, there

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 use the term solitary confinement, the term is used internationally

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 of programs that subsidize drug costs, often depending on factors

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 over the world come to compete. However, each year a

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 the ‘carbon tax’ appears to be the new national pastime.

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 regulate the transport of hazardous substances, including heavy oil, within

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