Is it Time to Dust-Off Section 28 of the Charter?
Category: The Charter
Introduction
A Long and Uncertain Road to Alberta Independence
Category: Federalism
Alienation Accelerated
Can the Federal Government Disallow Québec’s ‘Anti-Religious Symbols’ Act?
Category: Federalism
Introduction: The Call to Disallow Québec’s Bill 21
Climate Emergency vs Emergency Powers
Category: Federalism
The Constitution sets out the Powers of Parliament and grants Parliament the ability “to make laws for the Peace, Order, and good Government of Canada.”[1] This power is known as POGG power and embedded within it are Parliament’s emergency powers. Parliament needs emergency powers so that it can quickly pass temporary laws to deal with wars or other national crises.[2]
The Role of the Senate: Robust Regionalism or Diligent Deference?
Category: Democratic Governance
The Senate was designed to provide “sober second thought” to bills that have passed the House of Commons. A key component of “sober second thought” is the consideration of regional interests in national policy discussions. The Founders of Confederation[1] intended the Senate to be the federal government body that is most in tune with local concerns – this is reflected in the Senate’s composition: senators are appointed in equal numbers from Canada’s regions – Ontario, Quebec, the Maritime provinces, and the western provinces.[2]
Equal Pay for Equal Work? Not in Alberta
Category: The Charter, Equality Rights (Section 15)
Introduction
Supreme Court Appointment Process and the Prime Minister of the Day
Category: Democratic Governance
Introduction
“Inherent Tension”: Is it Time to Separate the Minister of Justice from the Attorney General?
Category: Democratic Governance
During the SNC-Lavalin scandal, former Minister of Justice [MOJ] and Attorney General [AG] Jody Wilson-Raybould stated that there were attempts by the Prime Minister’s Office and other government officials to “politically interfere” with her independent discretion as AG.[1] This episode has called into question whether the positions of AG and MOJ would better serve Canada’s democracy if they were performed by two individuals.
Dismantling the Safe Third Country Agreement
Category: The Charter, Legal Rights (Sections 7-14), Equality Rights (Section 15)
Introduction
“Purging” Facebook of Threats and Hate Speech: Is this Constitutional?
Category: The Charter, Fundamental Freedoms (Section 2)
Introduction
Section 33 (Notwithstanding Clause): The Charter’s Sleeping Giant by Prof Barbara Billingsley
Category: The Charter
Billingsley, Barbara. “Section 33:The Charter’s Sleeping Giant.” 21st Windsor Year Book of Access to Justice 331 (2002): 331-346.
A “Big City Charter” for Edmonton and Calgary: Explaining the Role of Municipalities in Canada’s Federal Framework
Category: Federalism
Introduction
Wading into murky waters: Courts and the complexities of organized religion
Category: The Charter, Fundamental Freedoms (Section 2)
Introduction
What is the Notwithstanding Clause?
Category: The Charter
This article was written by a law student for the general public.
Legislating Under the Influence: Is the Impaired Driving Act Constitutional?
Category: The Charter
Introduction