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 […]
British Columbia’s Guardian Angels… Straight from Hell? BC’s Civil Forfeiture Act Case
Category: Federalism, Constitutional Issues
Recently, the Supreme Court of British Columbia ruled that certain provisions of BC’s Civil Forfeiture Act,[1] which allows the BC government to seize property allegedly “tainted” by crime, were an […]
A Fair Deal for Alberta: Are Changes to the Equalization Program Coming?
Category: Federalism, Constitutional Issues
On 17 June 2020, the Government of Alberta released the Fair Deal Panel’s report.[1] The Fair Deal Panel, created by Premier Jason Kenney, interviewed and curated responses from Albertans on […]
They’ve Got No Strings: Separation of Powers, Judicial Independence, and the Rule of Law in the Meng Wanzhou Case
Category: Democratic Governance, Constitutional Issues
The official stance of the Chinese Embassy in Canada is that the “Meng Wanzhou case is by no means an ordinary judicial case, but a serious political incident.”[1] In 2018, […]
Courts of Appeal Split on Validity of Carbon Tax
Category: Federalism, Constitutional Issues
In order to meet its obligations under the Paris Climate Change Agreement, Canada implemented the Greenhouse Gas Pollution Pricing Act (“GGPPA”) in 2018.[1] Colloquially known as the “carbon tax,” the […]
Duty to Consult with Whom?
Category: Aboriginal Rights, Constitutional Issues
When TC Energy began their work on the Coastal GasLink pipeline in 2012, few thought the project would ever become so contentious.[1] Since it began, the project has been the […]
Alberta’s Bill 10: The Return of the King(s)?
Category: Democratic Governance, Constitutional Issues
Shocking headlines such as, “Ministers as Kings – Alberta’s Bill 10 a dangerous overreach”[1], and “Alberta’s Bill 10 is an affront to the rule of law”[2], raise concerns about the […]
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 […]
Positive that the Government is obligated to support you? Think again
Category: Legal Rights (Sections 7-14)
While financial struggles are not unique to times of emergency, the COVID-19 pandemic has thrown many Canadians into dire straits, such as losing their jobs, being unable to support their […]
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, […]
To be Tried Within a Reasonable Time: Affirming the Jordan Ceilings
Category: Legal Rights (Sections 7-14)
In October 2014, police charged a B.C. man with sexual assault against his daughter.[1] Two years later a B.C. judge issued a stay of proceedings, dismissing the case against the […]