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Archive For Entries On Constitutional Law

Paramountcy Problems in Alberta (Attorney General) v Moloney

As a federal state, there is a plurality of legislative bodies in Canada with the constitutional authority to make law. Part IV of the Constitution Act, 1867 sets out the manner in which law-making power is divided between the Federal government and the provinces, designating respective spheres of exclusive jurisdiction. Contrary to what the framers […] Update: Sentencing for the Murder of Officer Garrett Styles

Sentence Handed Down Recently, published an analysis of how the court might rule in the case of R v SK. On November 16, 2015, Superior Court Justice Alex Sosna rendered his sentence for the now 19-year old man who was convicted for the first-degree murder of York Regional Police Officer Garrett Styles. Justice Sosna […]

Breaking New ‘Tertiary’ Ground? Marco Muzzo in the Shadow of St. Cloud

By now we have all heard the story of three children and their grandfather killed in a car accident in Vaughan, ON on September 27th due to the actions of an alleged drunk driver. The heart wrenching public statements made by a father who must bury all of his children and a mother who lost both […]

Defining the Homeless’s Shelter Rights in Public Spaces: Abbotsford v Shantz

The Supreme Court of British Columbia (“BCSC”) recently released the long-awaited ruling in Abbotsford v Shantz, 2015 BCSC 1909 [Abbotsford]. Abbotsford heard both the action by the City of Abbotsford (“the City”) and the action by BC/Yukon Association of Drug War Survivors (“DWS”). The City sought a permanent injunction against the erection of shelters in […]

BC’s Latest Scheme to Deter Drinking and Driving Largely Upheld in Goodwin

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 […]

Rogue Juror? R v Pannu and Protecting Jury Deliberation

The film 12 Angry Men is a classic representation of the diverse personalities that come together on a jury and the challenges of reaching a consensus. In it, we see how group dynamics constantly evolve as the jury struggles to meet their obligation of delivering a sound verdict. Last week, the Court of Appeal for […]

R v Crevier: Police Informants and the Balancing Act of Challenging Warrants

Police representatives often speak about the difficulties of soliciting information from the public about crimes that have taken place. Fear and a “don’t snitch” culture are common explanations for why this problem exists. In 2009, Kenneth Mark was gunned down after testifying as a witness in an attempted murder trial. His tragic story is a […]

Minority Language Education Entitlements & The Meaning of Substantive Equality under Section 23 of the Charter

Ass’n des parents de l’école Rose-des-vents v. British Columbia, 2015 SCC 21 [Rose-des vents] opens up a new series of questions surrounding minority language education rights guaranteed under Section 23 of the Charter. Section 23 guarantees minority language rights holders the right to have their children receive primary and secondary school instruction in English or French, giving effect to the […]

Guindon v Canada: It’s just a fine

Why We Should Be Suspicious of Timeshares Julie Guindon is the family and estate lawyer at the heart of Guindon v Canada, 2015 SCC 41 [Guindon] in which the Supreme Court of Canada (“SCC”) confirmed that penalties under s.163.2 of the Income Tax Act, RSC 1985, c 1 (5th Supp) [ITA] are not criminal in […]

A Exclusive Interview: R v Spencer One Year Later

A New Hurdle To Protecting Our Children? A Perspective from the Toronto Police Internet Child Exploitation Unit Last year, published two key articles about the Supreme Court of Canada’s landmark ruling on Internet privacy. See Jordan Casey’s summary here and Stuart Wood’s analysis here. After its release, R v Spencer, [2014] 2 SCR 212 [Spencer] […]