Category Archives: Constitutional

Trinity Western Decision Fails to Clarify Approach to Balancing Conflicting Charter Rights

By: Joshua Sealy-Harrington and Marita Zouravlioff PDF Version: Trinity Western Decision Fails to Clarify Approach to Balancing Conflicting Charter Rights Case Commented On: Trinity Western University v The Law Society of Upper Canada, 2016 ONCA 518 (CanLII) Two days before Canada … Continue reading

Posted in Administrative Law, Constitutional, Legal Education | 1 Comment

When the Burden of Proving Institutional Bias Rests on a Prisoner

By: Amy Matychuk PDF Version: When the Burden of Proving Institutional Bias Rests on a Prisoner Case Commented On: Canada v Ewert, 2016 FCA 203 (CanLII) Prisons use psychological tests to determine if inmates are likely to reoffend, but are the … Continue reading

Posted in Constitutional, Criminal | Leave a comment

Section 7: Superhero, Mere Mortal or Villain?

By: Jennifer Koshan PDF Version: Section 7: Superhero, Mere Mortal or Villain? Comment On: Section 7 of the Canadian Charter of Rights and Freedoms Many people love superheroes. My favourite was always Spider-Man – he had the most interesting back story, … Continue reading

Posted in Constitutional, Human Rights | Leave a comment

The Deductibility of Legal Fees Incurred in Child Support Proceedings and Section 15 of the Charter

By: Kyle Gardiner  PDF Version:The Deductibility of Legal Fees Incurred in Child Support Proceedings and Section 15 of the Charter Case commented on: Grenon v. Canada, 2016 FCA 4 (CanLII), leave to appeal dismissed, 2016 CanLII 41074 (SCC) On June … Continue reading

Posted in Constitutional, Family, Supreme Court of Canada, Tax | Leave a comment

Justice In a Timely Manner: The New Framework for Trial Within a Reasonable Time

By: Drew Yewchuk  PDF Version: Justice In a Timely Manner: The New Framework for Trial Within a Reasonable Time Cases Commented On: R v Jordan, 2016 SCC 27 (CanLII); R v Williamson, 2016 SCC 28 (CanLII) I recently posted a comment … Continue reading

Posted in Constitutional, Criminal, Supreme Court of Canada | Leave a comment