In light of what is going on across the pond these days, it behooves us to pay attention to what happens where you fail to separate state and religion. Though to be honest, when your head of state also serves as Supreme Governor of the Church of England, such an exercise might be somewhat difficult. [...]

TheCourt.ca is pleased to present this piece from Professor Richard Haigh of Osgoode Hall Law School, commenting on the recent SCC case, Alberta v. Hutterian Brethren of Wilson Colony, 2009 SCC 37. For more of our commentary on this case, see here.
For years, the Hutterites of Wilson Colony in Alberta were granted an exemption from [...]

The Supreme Court’s Engagement with s. 2(a)
The Supreme Court of Canada’s recent ruling in Alberta v. Hutterian Brethren of Wilson Colony, 2009 SCC 37, has already inspired much critical commentary, both in the mainstream media and on TheCourt.ca because of its atypically distressing outcome for rights claimants and dubious appraisal in a popular newspaper. What [...]

Mandating Photographic Driver’s Licences
The Supreme Court has finally released judgment in Alberta v. Hutterian Brethren of Wilson Colony, 2009 SCC 37 – a case closely watched by constitutional scholars and popular media for its engagement with the Charter’s s. 2(a) freedom of religion guarantee. Very unfortunately, the outcome may signal to members of some [...]

The Constitutionality of Compelling Medical Treatment of Children
On Friday, the Supreme Court of Canada released judgment in A.C. v. Manitoba (Director of Child and Family Services), 2009 SCC 30, a case which navigates the complicated interplay of a mature minor’s right to autonomous decision-making and the state’s responsibility to keep vulnerable children from harm.
The claimant [...]

In the SCC’s fall lineup of hearings, we have in the lead-off position on October 6, 2008, the case of Her Majesty the Queen in Right of the Province of Alberta v. Hutterian Brethren of Wilson Colony, et al. (32186). In this case, the SCC will determine whether the Alberta government’s decision to remove [...]

I remember reading about an old case in first year contracts about a man whose horse lost a shoe while he was travelling to marry a rich heiress. The blacksmith he hired to replace the horsehoe did the work poorly and made the horse lame. Consequently, the man missed his wedding and the [...]

The SCC recently granted leave to appeal in Alberta v. Hutterian Brethren of Wilson Colony, [2007] ABCA 160, an Alberta Court of Appeal decision that will allow the court to address a politically charged issue without attracting too much attention.
Facts
In 1974, the province of Alberta implemented mandatory photo-identification for drivers licenses. However, the province [...]

Wow, what a week! Al Gore gets the Nobel Peace Prize as the consolation prize for losing the presidency in 2000 and the Supreme Court hands the Ontario election to Dalton McGuinty and the Liberals. Okay, so we didn’t have our own Bush v. Gore, 531 U.S. 98 (2000), but Dalton McGuinty’s victory [...]

The debate over the Criminal Code’s polygamy provisions is almost as old as the provisions themselves. Now, British Columbia’s Attorney General says he is considering a reference to the B.C. Court of Appeal to determine the provisions’ constitutionality. Regardless of the outcome there, experts say the matter will soon wind up in the Supreme Court [...]