Category Archives: Constitutional

Why We Should Care About Magna Carta

By: Ian Holloway PDF Version: Why We Should Care About Magna Carta I write this just as I’m returning to Canada from Runnymede, England. The Queen was there, as were the Duke of Edinburgh, the Princess Royal, and Prince William. … Continue reading

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Landowners Can’t Use the Surface Rights Board to Mount a Collateral Attack on the Approval of a Transmission Line

By: Nigel Bankes PDF Version: Landowners Can’t Use the Surface Rights Board to Mount a Collateral Attack on the Approval of a Transmission Line Case Commented On: Togstad v Alberta (Surface Rights Board), 2015 ABCA 192 In a completely predictable … Continue reading

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The Supreme Court’s Latest Equality Rights Decision: An Emphasis on Arbitrariness

By: Jennifer Koshan and Jonnette Watson Hamilton PDF Version: The Supreme Court’s Latest Equality Rights Decision: An Emphasis on Arbitrariness Case Commented On: Kahkewistahaw First Nation v Taypotat, 2015 SCC 30 (CanLII) The Supreme Court released its decision in Kahkewistahaw … Continue reading

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A “Convicted Terrorist” By Any Other Name

By: Maureen Duffy PDF Version: A “Convicted Terrorist” By Any Other Name Case Generally Considered: Pelham, Warden of the Bowden Institution, et al. v. Khadr, No. 36081 (Alberta) (Criminal) (SCC, By Leave); Bowden Institution v Khadr, 2015 ABCA 159; Khadr … Continue reading

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Leave to Appeal granted in Ernst v Alberta Energy Regulator

By: Jennifer Koshan PDF Version: Leave to Appeal granted in Ernst v Alberta Energy Regulator Case commented on: Ernst v Alberta Energy Regulator, 2013 ABQB 537, aff’d 2014 ABCA 285, leave to appeal granted April 30, 2015 (SCC) Today the … Continue reading

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Keeping Faith Out of the Public Square: Is Calgary City Hall Offside?

By: Kathleen Mahoney PDF Version: Keeping Faith Out of the Public Square: Is Calgary City Hall Offside? Case Commented On: Mouvement laïque québécois v Saguenay (City), 2015 SCC 16 O God, author of all wisdom, knowledge and understanding. We ask … Continue reading

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May Provinces (or States) Limit Imports on the Basis of Greenhouse Gas Emissions Elsewhere?

By: James Coleman & Martin Olszynski PDF Version: May Provinces (or States) Limit Imports on the Basis of Greenhouse Gas Emissions Elsewhere? Report Commented On: Canada’s Ecofiscal Commission, The Way Forward Last week, a group of economists known as “Canada’s … Continue reading

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Can the Homeless Find Shelter in the Courts?

By: Joshua-Sealy Harrington PDF Version: Can the Homeless Find Shelter in the Courts? Case Commented On: Tanudjaja v Canada (Attorney General), 2014 ONCA 852 Late in 2014, the Ontario Court of Appeal considered a Charter challenge to provincial and federal … Continue reading

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Constitutional Concerns about Being “In the Company” of a Gang-Affiliate

By: Sarah Burton PDF Version: Constitutional Concerns about Being “In the Company” of a Gang-Affiliate Legislation Commented On: Gaming and Liquor Act, RSA 2000, c G-1 Six years ago, the Province of Alberta amended the Gaming and Liquor Act, RSA … Continue reading

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The Supreme Court’s New Constitutional Decisions and the Rights of Farm Workers in Alberta

By: Jennifer Koshan PDF Version: The Supreme Court’s New Constitutional Decisions and the Rights of Farm Workers in Alberta Cases Commented On: Mounted Police Association of Ontario v Canada (Attorney General), 2015 SCC 1 (CanLII); Meredith v Canada (Attorney General), … Continue reading

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