Category: Division of Powers

Is Crown Immunity Absolute? The SCC to Hear Appeal in Attorney General of Canada v Power

The Supreme Court of Canada (“SCC”) will soon comment on the compelling question of how far Crown immunity stretches. Having granted leave to appeal in Attorney General of Canada v...

The CUPE Cause Célèbre: Provinces Spend beyond what Canada’s Constitutional Drafters Budgeted For

  Introduction On October 31st 2022, the Ontario Government led by Premier Doug Ford invoked s. 33 of the Canadian Charter of Rights and Freedoms (“Charter”) to shield its ‘back...

The Slow-Moving, Silent, and Creeping Constitutional Crises facing Canada

Introduction: Recent laws passed by the Provincial Legislatures in Alberta and Quebec have reignited old, unsettled frictions about the appropriate division of powers between Canada’s Provinces and Federal Government. The...