HomeTag Archives: Charter of Rights and Freedoms

Tag Archives: Charter of Rights and Freedoms

Understanding Unconstitutionality

The following is an excerpt from Mr. Peltomaa’s recently published text, Understanding Unconstitutionality: How a Country Lost its Way.    Courts are often said to “strike down” laws that conflict with the Constitution. An image is evoked of black-robed judges hurling bolts of lightning in Zeus-like manner, thereby destroying the legal efficacy of unconstitutional laws and expunging them from the ...

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Constitutionalism from the Cave

The imbroglio with the Ontario legislature’s enactment of Bill 5 to restructure the Toronto City Council a couple of months before an upcoming election, the Superior Court’s declaration of that legislation unconstitutional, the threatened invocation of the “notwithstanding clause” to override that declaration, and the Court of Appeal’s restoration of what little sanity could still be restored by reversing the Superior ...

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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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Political Costs as Control on the Notwithstanding Clause

The notwithstanding clause saga brought about by the Ford government is difficult for those born and bred on Supreme Court precedent. Law students are presented with an idea of the courts as benevolent actors of the public trust, hemming in cavalier legislatures acting on the passions of citizens. The saga, though, forces us to reckon with another sort of control ...

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Reflections on Charter Values: A Call for Judicial Humility

The Honourable Peter D. Lauwers is a Justice of the Court of Appeal for Ontario. This speech was delivered to the Runnymede Society in Toronto on January 12, 2018. It develops further some thoughts on Charter values in my article, “Liberalism and the Challenge of Religious Diversity, (2017), 79 S.C.L.R. (2d) 29. The footnotes have not been edited or completed. ...

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Why the Appeal to Charter Values Denies the Rule of Law

Barry W. Bussey is Director Legal Affairs, Canadian Council of Christian Charities.  He blogs at: lawandreligion.org. The following is an excerpt of his article, “The Charter is Not a Blueprint for Moral Conformity,” (2017) 79 S.C.L.R.(2d) 367, 393-400   It may be trite to say that a liberal democracy must respect the rule of law.[1] Lord Bingham described the core ...

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Doré’s Demise?

In my last post on Double Aspect, I wrote about the religious freedom issues addressed in the Supreme Court’s recent decision in Ktunaxa Nation v British Columbia (Forests, Lands and Natural Resource Operations), 2017 SCC 54, which concerned the constitutionality of a ministerial decision to allow development on land considered sacred by an Aboriginal nation. I want to return to Ktunaxa, ...

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Debating the Khadr Settlement at Western

Tomorow, I will be traveling to London to debate the following proposition: “The Trudeau government’s decision to award Omar Khadr a $10.5m settlement in July 2017 was an error in law and policy.” My opponent will be Rob De Luca, counsel for the Canadian Civil Liberties Association. I will take the position that the settlement was based on a misapplication ...

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The Rule Against Violence

The Court of Appeal for Ontario recently delivered a noteworthy decision regarding the scope and limits of the constitutional protection for freedom of expression, Bracken v Town of Fort Erie, 2017 ONCA 668. The decision, written by Justice Miller for a unanimous court, breaks no new ground, but contains clear and cogent reminders of two elementary principles that, sadly, may ...

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Courts, Legislatures, and the Illusion of “Dialogue”

I.     WHAT IS A CONSTITUTIONAL RIGHT? It has been said that Constitutions are a “mirror reflecting the national soul”[1].  While these comments were made before the Canadian Charter of Rights and Freedoms (Charter) came into effect, there is no reason to believe that the Charter, which focusses on a guaranteed set of civil liberties (Charter rights), should be any less ...

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