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Do Consumers Really Benefit from the Federal Paramountcy Doctrine? A Critique of Director of Criminal and Penal Prosecutions v Telus Communications Inc.
Abstract
On June 11, 2020, the Quebec Superior Court released its judgment in DCPP v Telus, confirming the validity, applicability and — for the most part — operability of many provisions of the Quebec Consumer Protection […]
Constitutionalism and the Genetic Non-Discrimination Act Reference
Introduction
In the July 10, 2020 decision in Reference re Genetic Non-Discrimination Act (GNDA Reference),1 the Supreme Court of Canada arrived at a complex three-to-two-to-four outcome, with a slim five-justice majority in two separate judgments upholding […]
Volume 24.2 (2019-2020)
The Review is a subscriber-based print journal. Articles are available through HeinOnline and EBSCO. They will be available in open access on this website as of July 2021 – one year from date of publication.
Table of Contents
Articles
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The 2018 Toronto Municipal Election: Judicial Failure to Protect the Structure of the Canadian Constitution
Introduction
In Toronto (City) v Ontario (AG),[1] a recent decision on the legality of legislative interference in the Toronto 2018 municipal election, the Ontario Court of Appeal makes an alarming attempt to rewrite the Canadian Constitution. […]
Canada is organized as a constitutional democracy, with the Constitution being the supreme law of the country, allocating law-making powers between democratically elected governments at the federal and provincial levels.
The Canadian Charter of Rights and Freedoms protects fundamental rights and freedoms of all Canadians from breaches by the federal, provincial, and territorial governments. The protections are broad, ranging from freedom of expression and the right to vote, through equality rights, to protection from arbitrary arrest or being subjected to cruel and unusual punishment.
The Constitution Act, 1982 explicitly recognizes and affirms existing Aboriginal and treaty rights applying to the Indian, Inuit and Metis peoples of Canada. Aboriginal rights include traditional cultural practices and activities as well as territorial interests.
Canada is a democracy, which means that the government can act only with the authority of the Canadian people. Canadians elect people to represent them in Parliament and in the provincial legislatures. Those representatives are responsible for making laws and governing the country.
A federal style of government is one that has two separate levels of government: a central government and several regional governments. For example, Canada has a federal style of government with a federal government and provincial governments. Each level of government has specific powers and responsibilities that only it can use and these are described in the Constitution.
The Centre for Constitutional Studies is a hub for constitutional research and public education in Canada. It connects leading Canadian and international scholars, contributes to constitutional debate, and creates resources that educate the public about the Constitution.