HomeTag Archives: Constitution (page 2)

Tag Archives: Constitution

The Right Result for the Wrong Reason: The Court of Appeal’s Decision in Tanudjaja

Last month, the Ontario Court of Appeal’s decision in Tanudjaja v. Canada (Attorney General) upheld the Superior Court’s dismissal of a novel claim, alleging that the Canadian Charter of Rights and Freedoms confers a positive right to housing. The majority of the Court of Appeal was correct to dismiss the claim. However, the basis of the majority’s decision – that ...

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John A. Macdonald’s 200th Birthday

John A. Macdonald, who was born on January 11, 1815, was far more than Canada’s first Prime Minister. He was one of the principal architects of Confederation.  The peace, security and prosperity that Canada continues to enjoy with each passing generation would not have been possible without the hard work and vision of Sir John A. and others in crafting a stable ...

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A Questionable Ruling on Aboriginal Rights

As has been widely reported, an Ontario court has ruled that native parents have a right to deny their children life-saving medical treatment. The case of Hamilton Health Sciences Corporation v. D.H. concerned an 11-year-old child, J.J., who was diagnosed with leukemia in August 2014. Her treatment team determined that she had a 90%-95% chance of being cured with chemotherapy, ...

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Why Federalism Still Matters

Old Supreme Court

The recent Supreme Court decision in Bank of Montreal v. Marcotte, 2014 SCC 55, is a helpful clarification of the applicability of consumer protection legislation and, more generally, the current principles regulating the separation of federal and provincial powers in Canada. At issue in Marcotte were charges imposed on credit card customers for purchases in foreign currency. Such purchases are ...

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More MPs Means Fewer Trained Seals

This article originally appeared in Huffington Post Canada   When the Conservatives were in opposition, they frequently chastised the governing Liberals for ruling their backbencher MPs with an iron fist. Most if not all votes were whipped, which meant that, in a majority government, the position of the Prime Minister and his inner Cabinet invariably became the law of the ...

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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 ...

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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 ...

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