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Downtown Charter Series | November 20, 2019
The Principles of Fundamental Justice: What are they Anyway?

Category: Videos, Downtown Charter Series

Downtown Charter Series: November 20, 2019 Colton Fehr, sessional instructor and PhD candidate at the Faculty of Law, University of Alberta, will tell you how the vague sounding “principles of fundamental justice” in Section 7 of the Charter have been

Constitutional Forum | November 6, 2019
Volume 28.4 (2019)

Publication: Constitutional Forum
Category: Forum

In this issue: Advocacy Notwithstanding the Notwithstanding Clause; The Notwithstanding Clause and the New Populism; Shouting into the Constitutional Void: Section 28 and Bill 21

Constitutional Forum | September 10, 2019
Volume 28.3 (2019)

Publication: Constitutional Forum
Category: Forum

In this issue: The Crown and Government Formation: Conventions, Practices, Customs, and Norms; Declarations of Invalidity in Superior Courts; Ford et Irwin Toy 30 ans plus tard: une conversation avec le juge de Montigny; Ford and Irwin Toy 30 Years Later: A Conversation with Justice Montigny

Articles | Michael Graham | August 13, 2019
A Law to Stop Politicians From Lying

Category: The Charter, Fundamental Freedoms (Section 2)

With an upcoming federal election, Canadians are preparing to decide who deserves their vote. A 2019 poll conducted for The Globe and Mail found that the biggest issue for voters is ethics in government.[1] This concern is not uniquely Canadian either.

Articles | Russell Green | August 9, 2019
The Feds and a Conversion Therapy Ban: Mixed Messages and Constitutional Challenges

Category: The Charter, Fundamental Freedoms (Section 2), Legal Rights (Sections 7-14), Federalism

In 2019, the federal government has been inconsistent about a potential ban on conversion therapy even though the practice is harmful and professionally disregarded. This article will pose and attempt to answer a series of questions: What is the ‘therapy’

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

Articles | Russell Green | August 6, 2019
Jewish Holidays, Federal Elections, and Court Decisions! Oh My!

Category: The Charter, Fundamental Freedoms (Section 2), Democratic Rights (Sections 3-5)

Chani Aryeh-Bain, Conservative Party candidate in the upcoming federal election in the Toronto riding of Eglinton-Lawrence, and Ira Walfish, political activist, both adhere to an Orthodox Jewish faith and strictly follow religious holidays.[1] The date of the upcoming federal election,

Articles | Julia Amelio | August 6, 2019
The Military Exception: SCC affirms no right to a trial by jury for military members

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

Introduction The Supreme Court of Canada (“SCC”) ruled that members of the Canadian military charged with ordinary civilian crimes do not have the Charter right to a trial by jury if their charge is covered by section 130(1)(a) of the

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