In Takuhikan c Procureur général du Québec, 2022 QCCA 1699, [Takuhikan], the Court of Appeal of Québec (“QCCA”) held that the governments of Canada and Québec breached their honour of the Crown obligations to a First Nation by knowingly underfunding the latter’s Indigenous police service and refusing to fund it to the same level as […]
On October 31st 2022, the Ontario Government led by Premier Doug Ford invoked s. 33 of the Canadian Charter of Rights and Freedoms (“Charter”) to shield its ‘back to work’ legislation from judicial scrutiny. The legislation, known as the Keeping Students in School Act, 2022, would have terminated any on-going strike by the Canadian Union […]
“No matter where we are in society, no matter how far we move up, we always have to remember where we come from.” - Michelle O’Bonsawin (The Globe and Mail, August 2022) Introduction On September 1st, 2022, Michelle O’Bonsawin was sworn into office at the Supreme Court of Canada (“SCC”). Justice O’Bonsawin was appointed by […]
“Climate change is real. It is caused by greenhouse gas emissions resulting from human activities, and it poses a grave threat to humanity’s future” (Reference re Greenhouse Gas Pollution Pricing Act, 2021 SCC 11 [GGPPA Reference], para 2). In the strong opening lines of the Supreme Court of Canada’s (“SCC” or “the Court”) majority reasons […]
On September 24th, 2020, the Supreme Court of Canada (“SCC”) put an appropriate end to the Jim Karygiannis saga that has captured Toronto City Hall for almost two years in James Karygiannis v City of Toronto, et al. It denied leave to appeal, thereby ending Karygiannis’ efforts to return to his Scarborough-Agincourt council seat. Since […]
Truth Be Told: My Journey Through Life and the Law by Beverley McLachlin Simon & Schuster, 373 pages, $39.99 The days of a Supreme Court Justice are long. Filled with hours of research, reading, and writing. It’s not the typical sunset career one may dream of. It takes a special type of person. So, it […]
How urgent is the need for coordinated national action on climate change? According to the Court of Appeal for Ontario (“ONCA”), it is urgent indeed. On June 28 2019, the ONCA found, by a 4-1 majority, that the federal Greenhouse Gas Pollution Pricing Act (“GGPPA”or “the Act”) is a valid exercise of Parliament’s jurisdiction over […]
Author’s Note: The author would like to thank Professors Benjamin Berger, Signa Daum Shanks, and Bruce Ryder for their generous and thoughtful contributions, without which this post would not have been possible. This is the second part of a two-part post. Part I offered some insight into the scope and identity of the McLachlin Court, as […]
