Introduction The fight for pay equity has recently made headlines both around the word and here at home. In early 2018, Iceland passed legislation mandating that companies of 25 or more employees must prove that women are being paid fairly in comparison with their male counterparts or risk penalties and fines. Closer to home, the […]
This is the first of a two-part post outlining the constitutional issues in R v Gerard Comeau, an interprovincial trade case to be heard by the Supreme Court of Canada on 6 - 7 December 2017. In anticipation of the hearing, the posts offer a brief overview and analysis of the constitutional issues likely to be […]
This is the second of a two-part post outlining the constitutional issues in R v Gerard Comeau, an interprovincial trade case to be heard by the Supreme Court of Canada on 6 - 7 December 2017. In anticipation of the hearing, the posts offer a brief overview and analysis of the constitutional issues likely to be raised. Part […]
This is the second of a two-part post discussing the constitutionality of The Genetic Non-Discrimination Act, SC 2017, c 3. Part I provides the legal context for the constitutional issues surrounding the legislation, and presents the arguments for the act as a valid exercise of the federal criminal law power. Part II outlines the arguments […]
This is the first of a two-part post discussing the constitutionality of the Genetic Non-Discrimination Act, SC 2017, c 3. Part I provides the legal context for the constitutional issues surrounding the legislation, and presents the arguments for the act as a valid exercise of the federal criminal law power. Part II outlines the arguments for […]
This is the first part of a two-part series. Part I will look at the implications of Alberta (Attorney General) v Moloney, 2015 SCC 51 [Moloney]. Part II will focus on the Saskatchewan (Attorney General) v Lemare Lake Logging, 2015 SCC 53 [Lemare] decision. Part I As a federal state, there is a plurality of legislative bodies in Canada with the constitutional authority […]
For decades, provincial and federal governments have enacted schemes aimed at reducing fatalities related to impaired driving. British Columbia’s latest attempt to curb impaired driving was predominantly upheld in Goodwin v British Columbia (Superintendent of Motor Vehicles) 2015 SCC 46 [Goodwin] and its companion case, Wilson v British Columbia (Superintendent of Motor Vehicles), 2015 SCC […]
The federal government has the right to destroy data collected for the highly contentious long-form gun registry, the Supreme Court of Canada ("SCC") ruled late March. In a 5-4 decision, the majority in Quebec (AG) v Canada (AG), 2015 SCC 14, found that the federal government’s right to destroy data it collected is based on […]
Between 2000 and 2008, under Chief Justice McLachlin's oversight, the Supreme Court of Canada ("SCC"), was unanimous in its disposition of division of powers issues in 25 rulings or reference opinions. Then, after the 2009 division in Consolidated Fastfrate Inc v Western Canada Council of Teamsters, [2009] 3 SCR 407, the SCC divided sharply in […]
After a convincing election victory, Prime Minister Harper is set to move forward with his plan to reform Senate. Since 2006, PM Harper has persistently attempted to reform Senate only to fail. Senate reform remains a hotly contested issue, especially within the provinces whose positions range from complete abolishment, provincial elections (as proposed by PM […]