Gehl v Canada : ONCA Grapples with Role of Charter Values
The Supreme Court of Canada (the SCC) has long recognized the utility of aspirational values in better understanding the substantive rights guaranteed by the Charter of Rights and Freedoms.
Equality
SCC Interveners Order Raises Questions Ahead of Trinity Western Hearing
By this point, it is a virtual certainty that the outcome of the joint-appeal for Trinity Western University et al v Law Society of Upper Canada and Law Society of British Columbia v Trinity Western University et al will be a landmark ruling by the Supreme Court of Canada.
The Return of the Court Challenges Program: Timely, Critical & Deficient
It is an uncanny convenience that immediately following Prime Minister Trudeau’s abandonment of his electoral reform promise, the announcement of a revamped Court Challenges Program emerges. The Program provides some (or perhaps only a semblance of) comfort and recourse to the very same groups that feel marginalized by the first-past-the-post system. It is the perfect […]
Homophobia in the Jury Room? The Court of Appeal Rules in R v. Dowholis
Last year, TheCourt.ca published an article discussing when a jury member’s actions could be egregious enough to nullify a verdict. This week, in R v Dowholis, 2016 ONCA 801 [Dowholis], the Court of Appeal for Ontario (“ONCA”) dealt with the actions of yet another rogue juror. This sexual assault case called into question whether the […]
Second Class Citizenship in Canada: through the Eyes of a Second Class Citizen
“It’s official – second class citizenship goes into effect.” - British Columbia Civil Liberties Association (“BCCLA”), regarding Bill C-24 (now law). Strong words. I am always skeptical of strong words. More than half the time, they are hyperbole intended to deceive. I was skeptical of these words, too. So I went straight to the source: […]
Minority Language Education Entitlements & The Meaning of Substantive Equality under Section 23 of the Charter
Ass'n des parents de l'école Rose-des-vents v. British Columbia, 2015 SCC 21 [Rose-des vents] opens up a new series of questions surrounding minority language education rights guaranteed under Section 23 of the Charter. Section 23 guarantees minority language rights holders the right to have their children receive primary and secondary school instruction in English or French, giving effect to the […]
A Web of Instinct: Kahkewistahaw First Nation v Taypotat
Kahkewistahaw First Nation v Taypotat, 2015 SCC 30, is the Supreme Court of Canada’s ("SCC") most recent decision on equality. Coming in at a brief 35 paragraphs, this decision does not alter the law of section 15 of the Charter in any substantial way. Using the test laid out in Quebec v A, [2013] 1 SCR 61, Justice Abella […]