For those living in Canada without immigration status, life can be difficult. There are many reasons why these individuals ended up here. A good portion would have left their country of origin with little financial resources, sometimes because it was no longer safe for them, or perhaps because they had no prospects for a good […]
In 1997 and again in 2007, Peter Hogg and Allison Bushell wrote about the benefits of the dialogue between Canadian courts and legislatures. This concept has been somewhat of a hallmark of Canadian jurisprudence, especially in the era of the Canadian Charter of Rights and Freedoms. However, recent statements made by the Canadian Bar Association […]
On July 21, 2011, the Supreme Court of Canada handed down its decision in Alberta v. Cunningham. Our senior contributing editor Joseph Marcus discussed the case earlier this week. Given the significance of this case, and its contribution to the section 15(2) jurisprudence, guest contributor Marina Chernenko provides some additional analysis about the decision's implications. […]
In April the Supreme Court of Canada (SCC) handed down its latest pronouncement on the relationship between the Charter’s guarantee to freedom of association and the collective bargaining process in Ontario (AG) v Fraser (Fraser). In Fraser, a majority of the Court determined that Ontario’s Agricultural Employees’ Protection Act (AEPA) is consistent with the Charter’s s. 2(d) guarantee […]
“A long time ago in a galaxy far, far away”, the Imperial Stormtroopers— menacing soldiers of the Galactic Empire clad in all-white helmet and armour—were no longer servants of the evil Palpatine and Darth Vader; instead, they had become the potential trophy of an epic quest initiated by George Lucas, the creator of the Star […]
Earlier this summer, Chief Justice McLachlin, for a unanimous Supreme Court of Canada, rejected a constitutional equality claim brought by a group of claimants from the Peavine Métis Settlement in Alberta. The decision offers a particularly powerful demonstration of how ss. 15(1) and 15(2) of the Canadian Charter of Rights and Freedoms work together to […]
Lucy, a thirty-six-year old Asian elephant in the Edmonton zoo, is loved by everyone from William Shatner to Margaret Atwood. For the last few months, Lucy has found herself embroiled in a legal battle in the province of Alberta. Much to the chagrin of her famous friends, animal rights activists and animal lovers, the Court […]
The Supreme Court of Canada has overturned a long line of Federal Court of Appeal cases that had held that registered Indians who earned interest from investments held in financial institutions located on reserve were liable for tax. On the face of it, the decisions of the Federal Court seemed to directly contradict section 87 […]
Another Khadr family case is set to unfold before the Canadian public and the Supreme Court of Canada. But this time it is Omar Khadr’s brother Abdullah Khadr who is the centre of focus. In May, the eldest Khadr brother was successful in gaining a stay of proceedings against extradition to the United States in […]
In The Wizard of Oz, Dorothy taps her ruby red slippers three times to go home. What if the ruby colour found themselves on a pair of five-inch wedged heels? If the Wicked Witch of the West could get her hands on that pair, would she then hold the power to transport herself to Kansas […]