Legislating Under the Influence: Is the Impaired Driving Act Constitutional?
Category: The Charter
Introduction As the Trudeau government sought to fulfill its campaign promise of legalizing cannabis with Bill C-45 (The Cannabis Act), it also introduced a complementary bill to address impaired driving last May. The Impaired Driving Act, or Bill C-46, was introduced by Justice
Failing to Provide the Necessaries of Life: Freedom of Conscience and Religion, Parental Choice and Children’s Rights
Category: The Charter, Fundamental Freedoms (Section 2)
Introduction David and Collet Stephan were convicted in April 2016 of failing to provide the necessaries of life (Criminal Codes 215(2)(b)) to their son Ezekiel, who died of meningitis in March 2012.[1] A family friend and nurse had suggested to
Accommodating UNDRIP: Bill C-262 and the future of Duty to Consult
Category: Aboriginal Rights
Introduction In May 2018, Bill C-262, An Act to ensure that the laws of Canada are in harmony with the United Nations Declaration on the Rights of Indigenous Peoples, passed in the House of Commons and moved on to be considered
The Senate’s amendments to the Cannabis Act: Just a ‘sober second thought’ or high on power?
Category: Democratic Governance
The Canadian Senate has long been the object of criticism from Canadians and lawmakers alike[1]. Since its inception, politicians have sought to reform the upper chamber, and Senate reform has repeatedly appeared in the House of Commons.[2] Others have wondered why
Two options for pay equity: complete compensation or no laws at all
Category: The Charter, Equality Rights (Section 15)
On May 10, 2018, the Supreme Court released two decisions about challenges to pay equity laws in Quebec.[1] Several unions challenged two provisions in the pay equity laws claiming they violated equality rights under section 15 of the Canadian Charter of Rights and Freedoms.[2] Only
SCC clarifies freedom of religion, gives law societies license to limit it
Category: The Charter, Fundamental Freedoms (Section 2)
On June 15, 2018, the Supreme Court of Canada released a highly-anticipated pair of decisions: Law Society of British Columbia v Trinity Western University[1] and Trinity Western University v Law Society of Upper Canada.[2] These also happened to be the last two decisions of
Carbon Tax Showdown: Who Holds the Power?
Category: Federalism
An End to Mandatory Minimum Sentences?
Category: The Charter, Legal Rights (Sections 7-14)
Imagine a college student returning from a spring-break trip to Seattle with one joint (cannabis) who is arrested for importing a controlled substance, convicted, and sentenced to 7 years in prison. The Supreme Court of Canada considered these hypothetical facts
“Free the Beer” case falls flat at Supreme Court
Category: Federalism
On March 19th, 2018, the Supreme Court of Canada released its decision in R v Comeau[1]—known popularly as the “Free the Beer” case. (A summary of the facts and issues can be found here.) Though commentators speculated that the case
A Jury of Whose Peers?
Category: Democratic Governance, The Charter
On February 9th, 2018, Gerald Stanley was acquitted of second degree murder and manslaughter in the shooting death of Colten Boushie, an Indigenous man. Following the not guilty verdict by a jury, Boushie’s family, as well as Indigenous leaders, pointed
Is “turning off the taps” constitutional?
Category: Federalism
Is “turning off the taps” constitutional? On Wednesday, May 16, 2018, the Alberta Government passed a law giving itself broad powers over the export of oil products.[1] Bill 12 passed its third and final reading, which means it is only
Free expression: Do Canadian universities make the grade?
Category: The Charter, Fundamental Freedoms (Section 2)
Universities in Canada are currently grappling with balancing respect for free expression and the call for less offensive speech on campus, especially when it targets and harms marginalized groups. But, what is the law of free expression in Canada? Is
Reconciliation Conference a ‘turning point’ for Indigenous law | CBC News
Category: Aboriginal Rights
Article – U of A conference a ‘turning point’ for Indigenous law – CBC News (September 22, 2017)
The Senate Reference: Supreme Court outlines Constitutional road to reform
Category: Democratic Governance
*This article was written by our summer student Katherine Creelman and published in Law Now’s September/October – Special Report on The Senate. Controversies in the Senate have caused many to question whether we need a Senate at all.[1] Realistically, however,
Governor General of Canada: the Role, the Myth, the Legend
Category: Democratic Governance
The Governor General of Canada is the representative of Canada’s head of state – the Queen.[1] The Constitution Act, 1867 expressly states that the executive branch of Canada’s government is assigned to the Queen and that the Governor General will