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ARL News

Supreme Court Rejects Duty to Consult in Legislative Process

The Supreme Court of Canada released its decision today in Mikisew Cree First Nation v. Canada (Governor General in Council). The decision significantly deals with whether there is a duty on the government to consult with Aboriginal groups prior to introducing legislation.  The Court held (7-2) that no such duty exists. However, 3 of the 7 justices were somewhat equivocal in their ...

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Discussing the Notwithstanding Clause

I had the real privilege today of appearing on Your Morning on CTV to chat about the notwithstanding clause with host Ben Mulroney. In particular, we discussed the threat of premier-designate, François Legault to invoke s.33 of the Charter preemptively in legislation that would ban public servants and officials from wearing religious symbols. The full interview can be accessed here. ...

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ARL is Heading Back to the Supreme Court

As previously reported, Advocates for the Rule of Law recently sought intervenor status in the standard of review appeals before the Supreme Court. The Court has indicated that it intends to reconsider Dunsmuir – the seminal administrative law decision in Canada. These appeals will have a significant impact on administrative law, and, potentially, on the rule of law itself. It ...

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ARL Seeks Intervenor Status in Standard of Review Appeals

Advocates for the Rule of Law has brought a motion to intervene in Minister of Citizenship and Immigration v Vavilov, Bell Canada v. Canada (Attorney General),and National Football League v. Canada (Attorney General), which will come before the Supreme Court of Canada on December 4-6, 2018. In its reasons granting leave to appeal, the Supreme Court stated as follows: “The ...

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Congratulations Mark Mancini!

Mark Mancini, ARL’s Vice President and a regular article contributor, was called to the Ontario Bar on June 25, 2018. Mark has been a member of ARL for a couple of years and has contributed greatly to its expansion during that time. Despite just finishing his articles as a clerk at the Federal Court, Mark is already established as a ...

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A Conversation on Comeau

This informal discussion between myself, Asher Honickman and Professor Malcolm Lavoie is owed, first of all, to a mea culpa. It’s a transcription of a discussion that was meant to be a podcast, but due to a recording issue wasn’t captured correctly. Since Asher, Malcolm and I agreed the discussion was useful and worth preserving, we’ve decided to present it ...

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“The Basic Bedford Rule” and substantive review of criminal prohibitions under section 7

How should the objective of a criminal prohibition be determined for the purpose of substantive review under section 7 of the Charter? I’m grateful that my attempt to answer that question will be published in a special edition of the Supreme Court Law Review. In my paper, I argue that the Supreme Court in Carter (2015) struck down the prohibition on assisted suicide based on ...

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ARL at the Supreme Court

Advocates for the Rule of Law is proud to announce that it has completed its first intervention at the Supreme Court. ARL intervened on behalf of the respondent in the case of Courtoreille v. Canada. ARL argued that the duty to consult principle must be balanced against the principle of legislative sovereignty. If the government fails to consult with Aboriginal groups prior ...

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Runnymede Society National Law & Freedom Conference

All readers of ARL are warmly invited to attend the 2018 Law and Freedom conference, presented by the Runnymede Society. Join the Runnymede Society for some lively debate and discussion about the most important issues in Canadian constitutional law today — and how they impact freedom, policy, and society. Until December 1st, 2017, the code EARLYBIRD will entitle you to ...

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ARL’s Factum in Courtoreille

Pursuant to the Order of the Honourable Justice Brown, Advocates for the Rule of Law was granted leave to intervene in the Courtoreille Appeal. We are thrilled to publish our Factum which will be before the Supreme Court of Canada on January 15, 2018. Once again we thank pro bono counsel Brandon Kain and Bryn Gray of McCarthy Tétrault LLP for all their hard work on our ...

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