Monthly Archives: July 2018

Canada’s Political Safeguards of Federalism: A Theory on Shaky Doctrinal Ground

When Canada abandoned its appeals to the Judicial Committee of the Privy Council in constitutional matters, the Supreme Court of Canada began to slowly re-shape the boundaries of our federalism jurisprudence. In doing so, it expanded the federal Parliament’s powers and articulated a diminished view of the judicial role. Its case law developed a “cooperative, flexible federalism”[1] defined by “a ...

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Applying the law (or not) to “a child born of a three-way”

In a decision delivered in April 2018, a Newfoundland court recognized three legal parents (two fathers and one mother), based on the throuple’s sexual relationship  The case starts with a Newfoundland throuple—two men and a woman in a sexual relationship—who had a child in 2017.[1] The identity of the mother is clear, both biologically and in law. However, the men could ...

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