HomeAuthor Archives: Asher Honickman (page 7)

Author Archives: Asher Honickman

Supreme Court Alters the Balance of Power Between Labour and Business

On June 27, 2014, the Supreme Court released a decision that will affect every employment relationship across Canada.  In United Food and Commercial Workers, Local 503 v. Wal Mart Canada Corp., a 5-2 majority of the Court held that an employer – in this case Wal-Mart – is prohibited from permanently shutting down its business during the collective bargaining process, unless it ...

Read More »

The Living Fiction: Reclaiming Originalism for Canada

This Article was published in the Autumn 2014 edition of the Advocates’ Quarterly1   Eighty-five years ago this October, the Judicial Committee of the Privy Council handed down its decision in Edwards v. Attorney-General for Canada, in which it held that “The British North America Act planted in Canada a living tree capable of growth and expansion within its natural ...

Read More »

How to Reform the Senate Without a Constitutional Amendment

(This article originally appeared in The Huffington Post Canada) The Supreme Court of Canada’s recent decision in Reference Re Senate Reform has irked a great many Canadians who had hoped that our highest court would bless democratic reform in the Red Chamber. On virtually every question before it — from term limits to democratizing the selection process — the Supreme ...

Read More »