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Archive For Entries On Constitutional law

Saskatchewan Human Rights Commission v. William Whatcott, et al. (2010), currently before the SCC

Before being born again, Bill Whatcott had it rough: by 14 he was living on the streets, selling himself to older men to survive, sniffing glue to get by. His religious rebirth transformed him into an outspoken member of the Christian Truth Activists. The religious teachings he chooses to preach in this new life do [...]

Defining the ‘Meaningful’ – Collective Bargaining and Freedom of Association (Ontario (Attorney General) v. Fraser) Part III

In April, the Supreme Court of Canada (SCC) handed down its latest pronouncement on the relationship between the Charter’s guarantee to freedom of association and the collective bargaining process in Ontario (AG) v. Fraser (Fraser). In Fraser, a majority of the Court determined that Ontario’s Agricultural Employees’ Protection Act (AEPA) is consistent with the Charter’s s. 2(d) guarantee [...]

Defining the ‘Meaningful’ – Collective Bargaining and Freedom of Association (Ontario (Attorney General) v. Fraser) Part II

In April, the Supreme Court of Canada (SCC) handed down its latest pronouncement on the relationship between the Charter’s guarantee to freedom of association and the collective bargaining process in Ontario (AG) v. Fraser (Fraser). In Fraser, a majority of the Court determined that Ontario’s Agricultural Employees’ Protection Act (AEPA) is consistent with the Charter’s s. 2(d) guarantee [...]

The Métis and Section 15: The Political Game of Cultural Line-Drawing in Alberta v. Cunningham

On July 21, 2011, the Supreme Court of Canada handed down its decision in Alberta v. Cunningham. Our senior contributing editor Joseph Marcus discussed the case earlier this week. Given the significance of this case, and its contribution to the section 15(2) jurisprudence, guest contributor Marina Chernenko provides some additional analysis about the decision’s implications. [...]

Defining the ‘Meaningful’ – Collective Bargaining and Freedom of Association (Ontario (Attorney General) v. Fraser) Part I

In April the Supreme Court of Canada (SCC) handed down its latest pronouncement on the relationship between the Charter’s guarantee to freedom of association and the collective bargaining process in Ontario (AG) v Fraser (Fraser). In Fraser, a majority of the Court determined that Ontario’s Agricultural Employees’ Protection Act (AEPA) is consistent with the Charter’s s. 2(d) guarantee [...]

Alberta v. Cunningham: The Substantive Power of Section 15(2)

Earlier this summer, Chief Justice McLachlin, for a unanimous Supreme Court of Canada, rejected a constitutional equality claim brought by a group of claimants from the Peavine Métis Settlement in Alberta. The decision offers a particularly powerful demonstration of how ss. 15(1) and 15(2) of the Canadian Charter of Rights and Freedoms work together to [...]

Same-Sex Marriage: Remembering Halpern v. Canada

It is, in all likelihood, a coincidence that the anniversary of Halpern v. Canada (2002) comes on the heels of Toronto’s annual gay pride festival, but the timing is impeccable. On July 12, 2002, Justice LaForme, for a unanimous Ontario Superior Court of Justice, released a landmark decision that would pave the way towards gay [...]

Pratten v. British Columbia (Attorney General): B.C. Supreme Court Declares Sperm Donor Anonymity Unconstitutional

Justice Elaine Adair, for the Supreme Court of British Columbia in Pratten v. British Columbia (Attorney General), 2011 BCSC 656, has struck down provincial legislation that protects sperm donor anonymity. More specifically, it was held that certain provisions of B.C.’s Adoption Act and Adoption Regulation unjustifiably violated section 15 of the Canadian Charter of Rights [...]

No Loss For Words: SCOTUS Sustains First Amendment Protection for Military Funeral Protests in Snyder v. Phelps

Those who have seen Louis Theroux’s BBC documentary, The Most Hated Family in America, and wondered whether Westboro Baptist Church was inevitably headed for a lawsuit, were vindicated when Albert Snyder finally brought the infamous Phelps family to court after they protested at the funeral of his son.  Marine Lance Corporal Matthew Snyder was killed [...]

Alberta Court of Appeal finds proposed Securities Act unconstitutional

Advocates for a national securities regulator in Canada will be disappointed with the Alberta Court of Appeal’s decision in favour of the provincial opponents in the Reference re Securities Act (Canada), 2011 ABCA 77.  The Court of Appeal found that the federal government does not have the constitutional authority to regulate securities under the proposed Securities [...]