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Articles | August 9, 2016
The Mikinaks: Personal and Legal Indigenous Identity

Category: Aboriginal Rights

On December 9, 2015, the Mikinak Communauté Autochtone de la Montérégie was founded in a Montreal suburb.[1] To join this group, one must prove some sort of Indigenous ancestry and pay 80 dollars.[2] The Mikinak leadership issues members “status” cards,

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 | Matthew Schneider | July 28, 2016
Constitutional Boundaries to Federal Electoral Reform

Category: Federalism

Originally published: 28 July 2016 The Government of Canada has been elected using the “first past the post” (FPTP) system for nearly 150 years, but that does not mean it must be forever so. The Liberal Party promised that the

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 | Matthew Schneider | July 5, 2016
The Case of the Unwanted Cell Tower: Rogers and the Defence of Federal Jurisdiction

Category: Federalism

This case solidifies the federal government’s jurisdiction over federal undertakings and radiocommunications. The Constitution divides legal jurisdiction in Canada between the federal and provincial governments.[1] Although the federal and provincial governments have overlapping jurisdiction over certain topics, in order for

Articles | Matthew Schneider | July 1, 2016
Federal Government: Constitutional Protector of Frogs

Category: Federalism

Symbiocité Development Blocked Can the federal government prevent the construction of a residential development in a Montréal suburb to protect frogs? Yes, it can.[1] On June 22, the federal government issued an emergency order under section 80 of its Species

Articles | Michael Saunders | June 8, 2016
A Spirited Decision: Free Trade Wins in Liquor and Spirit Dispute

Category: Federalism

Originally published: 8 June 2016 Should Canadians be allowed to purchase liquor in one province and take it with them to another? Would provincial laws restricting this be constitutional? Lawyers in Canada have been discussing such questions for nearly a

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 | Matthew Schneider | June 1, 2016
Removal of Objections to UNDRIP: Repercussions at Home and Abroad

Category: Aboriginal Rights

  On Tuesday, May 10, 2016 Canada removed its objections to the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP).[1] UNDRIP may significantly alter the legal framework of Aboriginal rights and title in Canada, but this continues to

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

Review of Constitutional Studies | January 1, 2016
Volume 21.2 (2016)

Publication: Review of Constitutional Studies/Revue d’études constitutionnelles
Category: Review

The following are the articles in this special issue: The Environmental, Democratic, and Rule-of-Law Implications of Harper’s Environmental Assessment Legacy; Enduring Eliminatory Logics, Market Rationalities, and Territorial Desires: Assessing the Harper Government’s Legacy Concerning Aboriginal Rights; A Failed Discourse of Distrust Amid Significant Procedural Change: The Harper Government’s Legacy in Immigration and Refugee Law; Plus ça Change? Labour-Relations Policy from Harper to Trudeau’ Harper’s Legacy on Federalism: “Open Federalism” or Hidden Agenda?; Book Notes

Review of Constitutional Studies | January 1, 2016
Volume 21.1 (2016)

Publication: Review of Constitutional Studies/Revue d’études constitutionnelles
Category: Review

In this special issue on “Politics and the Constitution: A Comparative Approach,” the authors discuss a collection of papers presented at a workshop held at the University of Ottawa in July 2015.

Review of Constitutional Studies | January 1, 2016
Volume 20.2 (2016)

Publication: Review of Constitutional Studies/Revue d’études constitutionnelles
Category: Review

In this issue: Dividing Power in the First and Second British Empires: Revisiting Durham’s Imperial Constitution; Providing Essential Services of Reasonable Quality to All Canadians: Understanding Section 36(1)(c) of the Constitution Act, 1982; Judicial Justices of the Peace and Judicial Independence in Canada; Placing Vulnerability at the Centre of Section 15(1) of the Charter: A Case Comment on Inglis v British Columbia (Minister of Public Safety); Book Review – An Inquiry into the Existence of Global Values through the Lens of Comparative Constitutional Law; Book Notes

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