Constitutional law
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Of Course Not
The Québec government’s proposal for a “Charter of Québec Values” is now official. It’s not much of a proposal, actually ― there is no bill, and there isn’t going to be for months yet ― but we do have a fancy website on which the government explains what the Charter will do. (The English version isn’t… Continue reading
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Challenging Succession
Parliament made many people unhappy when it enacted the Succession to the Throne Act, S.C. 2013 c. 6, “assent[ing] to” the British legislation allowing a woman to succeed to the Crown despite having a younger brother, or a person to succeed to the Crown despite being married to a Catholic. Among those unhappy was one… Continue reading
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Water Ballast
I am rather late on this, but I want to say something about a decision that the Supreme Court delivered ten days ago in a federalism case, Marine Services International Ltd. v. Ryan Estate, 2013 SCC 44. The constitutional issue which the Court had to resolve was whether the respondents, the estates of two fishermen whose… Continue reading
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All Quiet on the Western Front
The confrontation between freedom of expression and protection of individual reputation by the law of defamation is as good an example of interminable global legal trench warfare as any. (Well, except in the United States, where one battle proved largely decisive in favour of free speech.) In Canada, freedom of expression has made some gains… Continue reading
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Collateral Damage
Religious liberty is in danger; protections that were, not long ago, taken for granted, is now at risk of being swept away by a rising tide of hostility to the claims of believers not only to have a right to worship as they see fit, but also to live their lives in accordance with the… Continue reading
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Not Private Parties
The development and use of massive voter databases and sophisticated “micro-targeting” techniques by political parties are raising concerns about the privacy rights of the people targeted by these efforts. When I wrote about the use of these techniques by the Obama campaign in the last presidential election in the United States, I suggested that “the… Continue reading
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Local Circumstances
The Supreme Court has delivered its ruling this morning in the dispute about the ability of a party to submit exhibits in French into evidence in cases before the courts of British Columbia. In Conseil scolaire francophone de la Colombie‑Britannique v. British Columbia, 2013 SCC 42, it holds, by a bare 4-3 majority, that exhibits submitted for the truth… Continue reading
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Against the Queen’s Oath
Just a brief post to note that the Globe has published an op-ed by Peter Rosenthal, the lawyer representing the applicants in the challenge against the constitutionality of Canada’s citizenship oath because of its reference to the Queen and her heirs and successors, about which I have written a great deal in the last couple… Continue reading
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The End (Almost)
After the Québec Court of Appeal held that the federal government did not have to hand over the data of the now-defunct long gun registry to Québec, which says that it wants to set up its own registry to replace the federal one, the Québec government sought leave to appeal to the Supreme Court. It also… Continue reading
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Égalité, Liberté?
As I was thinking about the application of the liberty interest protected by s. 7 of the Canadian Charter of Rights and Freedoms to the family/marriage context, which I have written about here and here, a question occurred to me: why wasn’t it invoked to argue for the unconstitutionality of denying same-sex couple the opportunity to… Continue reading
Double Aspect 