Three months into the 2018 Toronto City Council election, a newly elected provincial government passed the Better Local Government Act, 2018, SO 2018, c 11 [Act], slashing the number of municipal wards from 47 to 25. “For the remaining campaign period,” writes Justice Abella, dissenting in Toronto (City) v Ontario (Attorney General), 2021 SCC 34 […]
On April 23, 2021, a majority of the Supreme Court of Canada held in R v Desautel, 2021 SCC 17 [Desautel] that “the aboriginal peoples of Canada,” who hold rights under s 35(1) of the Constitution Act, 1982 [Constitution], are the modern successors of those Aboriginal societies that occupied lands now referred to as Canada […]
Embedded deep within the Supreme Court of Canada’s landmark Reference re Greenhouse Gas Pollution Pricing Act, 2021 SCC 11 [GHG Reference] is an interesting and possibly very significant development in the law governing legislative delegation in Canada. The GHG Reference, which ends the uncertainty over the constitutionality of the Greenhouse Gas Pollution Pricing Act, SC […]
This month, the Supreme Court of Canada (“SCC”) granted leave to appeal from a decision of the Alberta Court of Appeal (“ABCA”), which found that the mandatory minimum sentences for two related firearms offences violated the accused individuals’ rights under section 12 of the Canadian Charter of Rights and Freedoms [Charter]. Section 12 protects the […]
“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 […]
Generisches levitra online kaufen The Supreme Court of Canada (“SCC” or “the Court”) will continue to develop jurisprudence surrounding the right to be tried within a reasonable time, protected under s. 11(b) of the Canadian Charter of Rights and Freedoms [the Charter] when it hears R c J.F. (SCC 39267).
The COVID-19 pandemic has raised a number of concerns about civil liberties and the extent to which they can be curbed to slow the spread of the virus. On one hand is the perspective that rights and freedoms ought to be restricted for a time so as to limit the number of people that are […]
Over the past decade, personal electronic devices (“PEDs”) such as cell phones, tablets, and laptops have become mobile security safes for individuals’ core biographical and personal information. They contain banking information, credit card numbers, health data, private correspondence, and personal photos, all locked away by a single password. Having another person, especially a government official, […]
The need to safeguard privacy has long been a mainstay of the Canadian legal system. The right to secure autonomy and control over our private information has been preserved both by federal criminal legislation and the Charter of Rights and Freedoms [Charter], further bolstered by jurisprudence addressing the importance of privacy and autonomy to our […]
In May of this year, thirty years will have passed since R v Sparrow, [1990] 1 SCR 1075 [Sparrow] was released. Sparrow was the first decision to apply section 35 of the Constitution Act, 1982 [Constitution], recognizing and affirming that Aboriginal rights predate Canada’s beginnings as a country. From the beginning, s. 35 was viewed as […]