Abbotsford v Shantz: Housing Rights and the Canadian Constitution
The struggle for recognition of the right to adequate housing under the Canadian Charter of Rights and Freedoms has not met with much success. Abbotsford (City) v Shantz is the...
Canada
Religion in the classroom: Loyola High School versus the Supreme Court of Canada
In Quebec the Minister of Education, Recreation and Sports mandated that all schools, including private schools, taught a program on “Ethics and Religious Culture” (ERC). The program had to teach...
‘Toilettes’, Not ‘W.C.s’ – Canada’s Language Regime and the Boulangerie Maxie’s Decision
Earlier this year, the Court of Québec in Attorney General of Québec v. Boulangerie Maxie’s, upheld the constitutionality of much-criticized provisions of the province’s French language charter – or Bill...
A Veiled Attempt at Conformity? Recent Cases Test the Bounds of Canada’s Commitment to Multiculturalism
The boundaries of Canada’s multicultural society have been tested in two recent cases involving religious attire in public forums. In February 2015, a federal court judge struck down portions of...
Judicial Appointment of Women on the Decline in Canada and Australia
While many countries have superficially committed to the goal of gender equality with a lot of noisy chatter about women on boards and women’s participation in politics, it appears that...
Implementation of Carter will be the Ultimate Gauge of Success of the Decision
In a unanimous judgment released on February 6, 2015, the Supreme Court of Canada became the ninth jurisdiction in the world to recognize some form of assisted death. The federal...
Supreme Court of Canada Strikes Down Ban on Physician Assisted Death
In a landmark decision, on February 6, 2015 the Supreme Court of Canada unanimously struck down the criminal prohibition against physician assisted death (PAD) in Carter v Canada. The Court...
Law Society of Canadian Province Nova Scotia is Found to Have Overstepped its Mandate, Violating Religious Freedoms
The first of a series of decisions that will shape how the balance is to be struck between Canada’s constitutionally protected rights of equality and freedom of religion has held...
Constitutional Protection for the Right to Strike in Canada
In a momentous decision, released on 30 January 2015, the Supreme Court of Canada ruled that the right to strike is protected by the Canadian Charter of Rights and Freedom’s...
Prisoner Rights at the Forefront of Canadian Debates
Over the past month, two major developments have placed the constitutionally protected rights of prisoners front and centre in the Canadian press. The first of these developments is at the...
Right to Housing Debate Stalled by Canadian Court
By a 2-1 majority, a provincial appellate court has halted proceedings in Tanudjaja v Canada (Attorney-General) which sought to recognise a constitutional obligation on provincial and federal governments to provide...
(In)justice Served? Lori Douglas Case Leaves More Questions than Answers for Canadians
Since 2010, Canadians have been divided on whether Associate Chief Justice Lori Douglas was a victim of revenge porn or complicit in the harassment of a former client. In late...
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