• Filter by:

  • Categories:

Key Terms
Majority, Concurring, and Dissenting Decisions

Category: Democratic Governance

Courts of appeal and the Supreme Court of Canada have multiple judges deciding together on the same case. Sometimes there can be more than one decision included in the case. […]

Key Terms
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

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

Key Terms
Opting Out

Category: Federalism

The term ’opting out’ in Canadian constitutional discourse refers broadly to any action by which a province, of its own volition, is excluded from a measure that applies to the other provinces. However, it is important to distinguish clearly between

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

Stay Up to Date

Sign up for our quarterly newsletter.

Privacy policy

Protection of Privacy Personal information provided is collected in accordance with Section 33(c) of the Alberta Freedom of Information and Protection of Privacy Act (the FOIP Act) and will be protected under Part 2 of that Act. It will be used for the purpose of managing CCS’ email subscription lists. Should you require further information about collection, use and disclosure of personal information, or to unsubscribe, please contactAdministrator, Centre for Constitutional Studies, 448D Law Centre, University of Alberta, Edmonton AB, T6G 2H5, Tel: 780-492-5681, Email: ccslaw@ualberta.ca. You may unsubscribe from our email lists at any time.