Ontario’s Restrictions on Third Party Election Advertising are Law, “Notwithstanding” the Finding of Unconstitutionality
Category: Democratic Governance, The Charter, Fundamental Freedoms (Section 2), Constitutional Issues
Using the Charter to Repair the Damage of Unconstitutional Government Action
Category: The Charter, Constitutional Issues
How does the Charter of Rights and Freedoms empower courts to repair the damage of unconstitutional government action? In a recent decision, Conseil scolaire francophone de la Colombie-Britannique v British […]
Pouvez-vous dire violation de la Charte? Minority Language Education Rights in Canada
Category: The Charter, Minority Language Education Rights (Section 23)
How does the Charter of Rights and Freedoms regulate provincial governments’ funding decisions with respect to minority language schools? In a recent decision, Conseil scolaire francophone de la Colombie-Britannique v. […]
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 […]
Containing a Virus and Government Power: Restrictions on the Federal Response to COVID-19
Category: The Charter, Federalism, Constitutional Issues
Canada’s provinces and territories have all declared states of emergency or public health emergency in response to the COVID-19 pandemic.[1] Declaring a state of emergency allows the government to secure […]
Caging the Virus: Is Mandatory Isolation Constitutional?
Category: The Charter, Legal Rights (Sections 7-14)
Introduction Recent news articles raise concerns about how government measures to contain COVID-19 may infringe the Charter of Rights and Freedoms.[1] One of the many measures raising concerns is mandatory […]
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 […]
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’
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
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,
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