–Sarah Burton, Doctoral Candidate, University of Ottawa The Supreme Court of Canada recently ruled that the legislative disenfranchisement of certain non-resident citizens was unconstitutional. While Frank v Canada (Attorney General) 2019 SCC 1 ultimately turns on deference, the decision raises a number of questions about the heart of democracy that will have long term impacts
I-CONnect Symposium on “The Legacy of Chief Justice Beverley McLachlin”–Part IV: Reconciliation and Recognition after “Cultural Genocide”: Beverley McLachlin’s Use of Language
[Editor’s Note: This is the fourth entry in our symposium on “The Legacy of Chief Justice Beverley McLachlin.” We are grateful to our six symposium participants for their contributions to this special series of reflections on Canada’s retiring Chief Justice. The introduction to our symposium is available here. Part I of our symposium is available here,
Amen: The Supreme Court of Canada’s Judgment in Mouvement laïque québécois v. Saguenay (City)
–Léonid Sirota, JSD Candidate, NYU School of Law; Lecturer, Civil Law Section, University of Ottawa Faculty of Law One week ago, on April 15, 2015, the Supreme Court of Canada delivered its decision in Mouvement laïque québécois v. Saguenay (City), 2015 SCC 16, holding that the respondent city’s practice of starting municipal council meetings with a prayer
Cooperative Federalism Divides the Supreme Court of Canada: Quebec (Attorney General) v. Canada (Attorney General)
—Paul Daly, University of Montreal, Faculty of Law On Friday, the Supreme Court of Canada brought to an end the lengthy saga of Canada’s long-gun registry. There was a sharp split on the Court, with a bare majority of five justices giving a narrow win to the federal government over the joint dissent of their three
The Supreme Court of Canada on Religious Freedom and Education: Loyola High School v. Québec (Attorney General)
—Benjamin L. Berger, Osgoode Hall Law School, York University The classroom has been a contemporary crucible for working out the relationship between religion and the modern constitutional state. Whether the issue has been the crucifix on classroom walls in Italy, the pledge of allegiance in U.S. schools, the religious (or was it ethnic?) identity of
Canada’s New Prostitution Bill: Don’t Assume it’s Unconstitutional
—Michael Plaxton, University of Saskatchewan [Twitter: @MichaelPlaxton] Last week, Justice Minister Peter MacKay tabled the much-anticipated Bill C-36, The Protection of Communities and Exploited Persons Act. The bill, which is a response to the Supreme Court of Canada’s landmark ruling in Bedford, has already been the subject of considerable criticism. In particular, critics contend that
Suspended Declarations of Invalidity and the Rule of Law
—Robert Leckey, McGill University [cross-posted from UK Constitutional Law Blog] In December 2013, the Supreme Court of Canada declared the constitutional invalidity of three major provisions in the domestic criminal law on sex work. Specifically, in Canada (Attorney General) v Bedford, the Court struck down prohibitions against keeping a bawdy-house, living on the avails of
New Scholarship Review: Interview with Vanessa MacDonnell
–Richard Albert, Boston College Law School In this installment of I-CONnect’s interview series, I speak with Vanessa MacDonnell about her forthcoming paper on The Constitution as Framework for Governance. In her paper, Professor MacDonnell proposes a new way of thinking about the role of government, specifically with regard to its affirmative obligations to advance and secure constitutional
