We're delighted to announce the publication of a new special issue of the Constitutional Forum (Issue 33.4). This issue is predominantly comprised of papers by participants in a CCS workshop on the horizontal effect of Charter rights, held at UBC 's Allard School of Law in January 2024, and co-organized by professors at Allard. The workshop addressed some of the key issues surrounding the case of Cool World v Twitter, which involves a PR firm contesting Twitter's refusal to run paid ads for a documentary (The New Corporation) by arguing that Twitter's common law rights should be interpreted in a way that's consistent with the Charter value of free expression. Some of the papers address Cool World directly, while others address the surrounding legal framework derived from RWDSU v Dolphin Delivery and Hill v Church of Scientology. All engage with questions about the manner in which the Charter applies and should apply to private legal relations.
Editors' Introduction: Beyond Dolphin Delivery
Margot Young, Richard Mailey, Anthony Sangiuliano
i-ix
The Hidden Promise of Dolphin Delivery: Shields, Swords and Horizontal Application of the Canadian Charter of Rights and Freedoms
Joel Bakan, Sujit Choudhry
1-16
Towards a Less Woolly Conception of Horizontal Effect
Johan van der Walt
17-30
A Kick in the Caboose: Recovering the Judicial Horizontality of Constitutional Equality Rights
Anthony Sangiuliano
31-48
Charter Horizontality, the Public/Private Divide, and Responding to Injustice
Sina Akbari
49-66
“We do not really know why this approach was taken”: Explaining and Modifying the Supreme Court’s Approach to the Indirect Horizontal Effect of Charter Rights
Richard Mailey
67-80
