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Category Archives: Constitutional

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Supreme Court Of Canada Dismisses Appeal Alleging Freedom of Expression Breach

Posted in Constitutional
Comment

In its first decision of 2017, the Supreme Court of Canada addressed the likelihood of successful damages claims against quasi-judicial boards pursuant to s. 24 of the Charter. In a 4-4-1 split decision, the Court ultimately dismissed the appeal and struck the appellant’s claim for damages. Given the nature of the split decision, and the… Continue Reading

And so it ends…The Final Chapter of the Long-Gun Registry in Canada a.k.a The Limit of Cooperative Federalism

Posted in Constitutional
Comment

Today, the Supreme Court of Canada, in a judgment that revealed a deep divide between Justices from Quebec and those from the rest of Canada, wrote the final chapter in the long-gun registry saga. In a 5 to 4 decision, with all 3 Quebec Justices in the minority, the Court dismissed Quebec’s constitutional challenge to… Continue Reading

Assisted Suicide: The Beginning of the End

Posted in Administrative/Regulatory, Constitutional, Public Law
Comment

In the recent case of Carter v. Canada, the Supreme Court of Canada declared invalid the Criminal Code prohibitions against physician-assisted suicide.  Those provisions made it a crime for a person to “consent to have death inflicted on him” (s. 14) and to “aid or abet a person to commit suicide” (s.241(b)).  The SCC found… Continue Reading

Supreme Court of Canada strikes down court hearing fees as unconstitutional

Posted in Constitutional
Comment

The Supreme Court of Canada struck down the court hearing fees imposed by the province of British Columbia as being unconstitutional because they prevent access to the courts in a manner that is inconsistent with section 96 of theConstitution and the underlying principle of the rule of law. The Case History The SCC’s October 2, 2014 decision… Continue Reading