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Articles | Coleman Brinker | July 10, 2017
Sex, religion, and a private university pave a bumpy road to the Supreme Court

Category: The Charter, Fundamental Freedoms (Section 2), Equality Rights (Section 15)

There is nothing like sex and religion to ignite a heated debate. Once again, such a debate has found its way to the courtroom and is scheduled to be heard by the Supreme Court of Canada on November 30, 2017.

Articles | Raymond Chen | July 7, 2017
One Year Post-Jordan: Was it really a game changer?

Category: The Charter

One year ago, the majority of the Supreme Court of Canada in R v Jordan set new timelines for completing criminal trials, giving new life to an accused person’s right to be tried within a reasonable time.[1] The Court stated

Articles | Coleman Brinker | July 5, 2017
When Charter Rights Collide: Trinity Western University at the British Columbia Court of Appeal

Category: The Charter, Fundamental Freedoms (Section 2), Equality Rights (Section 15)

What happens when two rights and freedoms guaranteed by the Canadian Charter of Rights and Freedoms[1], such as equality rights and the freedom of religion, come into conflict with each other? How do the courts strike a balance between the

Articles | Katherine Creelman | June 30, 2017
Meekison the Mentor: A conversation with a modern constitutional architect

Category: Democratic Governance, The Charter, Federalism

Three summer students from the Centre for Constitutional Centre recently had the once in a lifetime opportunity to sit down and chat with one of the founding fathers of the Constitution Act 1982 – Dr. Peter Meekison. Meekison is a

Articles | Raymond Chen | June 26, 2017
Sahaluk v Alberta: The Right to a Fair Trial, Impaired

Category: The Charter

Alberta’s administrative license suspension program immediately suspends the driver’s license of those individuals charged with an alcohol-related driving offence under the Criminal Code.[1] In May 2017, the majority of the Alberta Court of Appeal in Sahaluk v Alberta (Transportation Safety

Articles | Katherine Creelman | June 19, 2017
Waiting for justice: R v Jordan and the new framework for delay

Category: The Charter

This article is written by a law student for the general public. What does it mean to be tried in a reasonable time? In R v Jordan, a majority of the Supreme Court of Canada answered this question with a

Articles | December 2, 2016
CBC News | “Leave law aside” – Alberta professors discuss Gay-Straight Alliances and religious schools

Category: The Charter, Fundamental Freedoms (Section 2)

CBC News Edmonton featured a story about the Centre’s public legal education event “Gay-Straight Alliances and Religious Schools: A Clash of Rights & Freedoms” (Nov 30, 2016) Click here to read the CBC article

Articles | Michael Saunders | October 14, 2016
Physician-Assisted Dying: The Senate’s Role in the Legislative Process

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

Originally published: 20 July 2016 Physician-assisted dying is now legal in Canada. In the case of Carter v Canada (Attorney General) 2015, the Supreme Court of Canada struck down the provisions of the Criminal Code prohibiting it.[1] The House of

Articles | Dorian Simonneaux | August 29, 2016
Criminally Responsible… Not

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

Despite the prevalence of mental health issues in Canadian prisons,[1] a statistically tiny portion of offenders (less than 1%) seek the designation of, and are subsequently deemed, ‘Not Criminally Responsible on Account of Mental Disorder’ [NCR].[2] Those who do receive

Articles | Matthew Schneider | August 9, 2016
No Warrant Necessary? Penile Swabs in Sexual Assault Cases

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

R v Saeed applies the existing police ‘search incident to arrest’ powers to a new form of search: a penile swab. The case is a good example of how the courts assess the constitutionality of police searches when heightened privacy

Articles | Michael Saunders | July 18, 2016
The Carter Conundrum: The Impact of the Supreme Court’s Suspended Declaration

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

Lawyers in Canada have debated whether or not to permit physician-assisted dying for over two decades. In the 2015 Carter v Canada (Attorney General)[1] decision, the Supreme Court ruled that Canada’s prohibition on physician-assisted dying was unconstitutional. The Court issued

Articles | Dorian Simonneaux | June 2, 2016
O Canada: in all of us command?

Category: The Charter, Equality Rights (Section 15)

The lyrics to “O Canada” are considered by some to be immutable, an integral part of Canadian identity. Yet throughout their history they have not been spared from significant amendment.[1] Liberal MP Mauril Bélanger’s recent private member’s bill[2] is but

Articles | Juliana Ho | February 16, 2016
Right Not to Face Cruel and Unusual Punishment

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

Introduction Section 12 of the Canadian Charter of Rights and Freedoms protects against “any cruel and unusual treatment or punishment.” Like other Charter rights, section 12 can only be triggered by government action. For example, a parent using corrective force

Articles | October 27, 2015
Trinity Western University v. Ontario and Nova Scotia

Category: The Charter, Fundamental Freedoms (Section 2)

This article was written by a law student for the general public. Introduction The Canadian Charter of Rights and Freedoms protects some of our basic human rights. However, those rights can sometimes conflict with one another. While one group might

Articles | October 6, 2015
Let It Go – The Charter and the Right to Be Frozen

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

This article was written by law students for the general public. What’s the Issue? Cryonics is a method of preserving dead bodies. The process uses low temperatures to avoid decomposition. This allows people to have their bodies frozen after death,

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