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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 | 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 12, 2019
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

Key Terms
Habeas Corpus

Category: The Charter

Existing since the 13th century, habeas corpus is both a free-standing right and, more recently, a right protected under section 10(c) of the Charter.[1] Habeas Corpus translates to “produce the body”.[2] A habeas corpus application is used by persons who feel they are being wrongfully detained. Upon application, the

Articles | Julia Amelio | July 9, 2019
Is it Time to Dust-Off Section 28 of the Charter?

Category: The Charter

Introduction Quebec has passed Bill 21, An Act Respecting the Laicity of the State (“the Act”) which bans some public sector workers from wearing religious symbols while on the job. The Act uses the notwithstanding clause of the Charter which means the Act remains

Key Terms
Official Languages

Category: The Charter, Official Languages of Canada (Sections 16-22)

‘Official language(s)’ refer to the language(s) in which states normally conduct their business and communicate with their citizens. Many of the world’s constitutions privilege particular languages as ‘official’ by so declaring them. Some go on to designate their official languages

Key Terms
Oakes Test

Category: The Charter

The Oakes test was created by the Supreme Court of Canada in the 1986 case of R v Oakes.[1]  The test interprets section 1 of the Charter of Rights and Freedoms, which states that rights are guaranteed, “subject only to such reasonable limits . . .

Key Terms
Notwithstanding Clause

Category: The Charter

33. (1) Parliament or the legislature of a province may expressly declare in an Act of Parliament or of the legislature, as the case may be, that the Act or a provision thereof shall operate notwithstanding a provision included in section 2

Key Terms
Mobility Rights

Category: The Charter, Mobility Rights (Section 6)

At their most basic, mobility rights allow individuals to move from place to place, largely free from government intervention. In a country as large and diverse as Canada, the ability to live and work in a location of your choosing,

Key Terms
Legal Rights

Category: The Charter, Legal Rights (Sections 7-14)

The legal rights section of the Charter guarantees the rights held by anyone investigated, detained or criminally charged, or who is faced with legal restrictions of any kind. Sections 8 through 14 of the Charter[1] protect procedural legal rights. These rights explain what state agents such

Key Terms
Victoria Charter

Category: Democratic Governance, The Charter, Federalism

The ‘Victoria Charter’ refers to a package of changes to the Canadian Constitution that was debated by Prime Minister Trudeau and the provincial Premiers in Victoria in June 1971. The Victoria Charter’s key elements touched the following subjects: fundamental freedoms

Key Terms
Dialogue Theory

Category: Democratic Governance, The Charter

What is ‘Dialogue Theory’? ‘Dialogue theory’ is a particular thesis that describes the relationship between the legislative and judicial branches of government. Put most simply, it is the idea that “Canadian legislators are engaging in a self-conscious dialogue with the judiciary.”[1] This

Key Terms
Right to Life, Liberty and Security of the Person

Category: The Charter, Legal Rights (Sections 7-14)

This article was written by a law student for the general public. Right to Life, Liberty and Security of the Person Section 7 of the Canadian Charter of Rights and Freedoms protects our right to “life, liberty, and security of

Key Terms
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

Key Terms
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

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