A Return to Balance or Empowering the Powerful? Alberta’s Bill 32
Category: The Charter, Fundamental Freedoms (Section 2), Constitutional Issues
Creating a balance of workplace power between employers and employees is difficult. The Government of Alberta is currently addressing what it perceives to be a balance too favourable for employees […]
Charter Rights on Campus? It Depends Where You Live
Category: The Charter, Fundamental Freedoms (Section 2)
The Canadian Charter of Rights and Freedoms protects several foundational rights, but only from violations by the Canadian government, not by private individuals or bodies.[1] As a result, it is […]
Conversion Therapy Ban: Does Calgary’s New Bylaw Violate Religious Freedom?
Category: The Charter, Fundamental Freedoms (Section 2)
On May 25th, 2020, the City of Calgary passed the Prohibited Businesses Bylaw that prohibits the practice of “conversion therapy”.[1] Conversion therapy is any form of treatment that seeks to […]
Are Protests Illegal in Alberta? Charter Issues with Bill 1
Category: Fundamental Freedoms (Section 2), Equality Rights (Section 15)
In February 2020, amidst protests across the country interfering with railways and pipeline construction, the Government of Alberta introduced the Critical Infrastructure Defence Act. More commonly known as Bill 1, […]
Alberta and its Physicians Clash Over a Right to Something Besides Striking
Category: The Charter, Fundamental Freedoms (Section 2)
On 9 April 2020, the Alberta Medical Association (AMA) filed a lawsuit against the Government of Alberta alleging the Government violated the rights of the AMA and its members by […]
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.
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’
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,
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”)
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
Delay in Alberta Public Sector Arbitration: Responsible Measure or Illegal Attack?
Category: The Charter, Fundamental Freedoms (Section 2)
Introduction: Public Sector Wage Arbitration Deferral Act On June 28, 2019, the Public Sector Wage Arbitration Deferral Act became law in Alberta.[1] The Act suspends and delays binding wage arbitrations between various public sector unions and their members’ employer – the provincial government. The
Fundamental Freedoms
Category: The Charter, Fundamental Freedoms (Section 2)
Fundamental Freedoms are basic political liberties required in a democracy. In general, they guarantee that an individual can act, think, be, or do without government interference unless a law says otherwise.[1] Fundamental Freedoms are found in section 2 of the Canadian
Freedom of Religion
Category: The Charter, Fundamental Freedoms (Section 2)
The freedom of religion is one of the fundamental freedoms protected by section 2 of the Canadian Charter of Rights and Freedoms.[1] What is the legal impact of having this freedom? In other words, what does it allow me to do
Freedom of Peaceful Assembly
Category: The Charter, Fundamental Freedoms (Section 2)
SECTION 2(C): FREEDOM OF PEACEFUL ASSEMBLY Section 2(c) of the Charter of Rights and Freedoms guarantees the freedom of “peaceful assembly.”[1] It is one of the fundamental freedoms protected in the Charter. The section protects a person’s right to gather with others and express ideas.[2] The
Freedom of Expression
Category: The Charter, Fundamental Freedoms (Section 2)
‘Freedom of expression’ is one of the fundamental freedoms protected by section 2 of the Canadian Charter of Rights and Freedoms. Section 2(b) provides that everyone has “freedom of thought, belief, opinion and expression, including freedom of the press and other