Case Law Update: R v Côté
Constitutional law Canadian Charter of Rights and Freedoms s. 24(2) Exclusion of evidence
Case Law Update: Lax Kw’alaams Indian Band v Canada (Attorney General)
Constitution Act, 1982 Aboriginal Rights Proof
Case Law Update: Canada (Attorney General) v PHS Community Services
Constitutional Division of Powers Interjurisdictional Immunity Canadian Charter of Rights and Freedoms Life, Liberty and Security of the Person Principles of Fundamental Justice Ministerial Discretion
Case Law Update: Her Majesty the Queen (Ex Rel City of Toronto) v Andrade
(Ontario Court of Justice, released September 15, 2011) Provincial Offences Act Canadian Charter of Rights and Freedoms section 11(b) Part I Offences Unreasonable Delay The question of constitutionally tolerable delay […]
Case Law Update: Alberta (Aboriginal Affairs and Northern Development) v Cunningham
Constitutional Law Canadian Charter of Rights and Freedoms Discrimination
Case Law Update: Ontario (Attorney General) v Fraser
Charter Freedom of Association Collective Bargaining Agricultural Workers
Case Law Update: Reference Re Securities Act (Canada)
Constitutional Law Division of Powers Securities Regulation
Case Law Update: Reference re Assisted Human Reproduction Act, 2010
Constitutional Law Division of Powers Federal Jurisdiction Over Criminal Law Provincial Jurisdiction over Property and Civil Rights
Case Law Update: R v Caron
Constitutional Law Interim Costs Awards Inherent Jurisdiction of the Courts Inferior Courts
Case Law Update: Vancouver (City) v. Zhang
Enforcement of Municipal By-Laws Injunctions Constitutional Law Freedom of Expression under s. 2(b)
Book Review: The Duty to Consult – New Relationships with Aboriginal Peoples
The duty to consult Aboriginal peoples requires the Crown to speak with First Nations, Inuit peoples, and Métis communities before undertaking action which may adversely impact those groups’ constitutional rights.
Case Law Update: Quebec (A.G.) v. Canadian Owners and Pilots Association
Constitutional Law Division of Powers Aerodromes
Case Law Update: Quebec (A.G.) v. Lacombe
Constitutional Law Division of Powers Aerodromes
Damages for Unconstitutional Actions: A Rule in Search of a Rationale
The courts have severely restricted the scope for damages as a remedy for constitutional violations.
Legislative Update: Ratepayers Challenge the Constitutionality of Parts of Ontario’s Green Energy Law
An important part of Ontario’s green energy initiative is legislation that seeks to levy a so-called special purpose charge (“SPC”) on ratepayers.