Category Archives: Constitutional

The Tension Between Process and Outcome in Creating Representative Juries

By: Erin Sheley PDF Version: The Tension Between Process and Outcome in Creating Representative Juries Case Commented On: R v Newborn, 2016 ABQB 13 The Court of Queen’s Bench has upheld the Alberta Jury Act’s exclusion from jury service of … Continue reading

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Parks and Tribulation: Chartering the Territory of Homeless Camping Rights

By: Joshua Sealy-Harrington and Tara Russell PDF Version: Parks and Tribulation: Chartering the Territory of Homeless Camping Rights Case Commented On: Abbotsford (City) v Shantz, 2015 BCSC 1909 In Abbotsford (City) v Shantz, 2015 BCSC 1909 (Abbotsford), Chief Justice Hinkson … Continue reading

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Physician-Assisted Dying Once Again Before the Supreme Court: What Just Happened?

By: Elliot Holzman PDF Version: Physician-Assisted Dying Once Again Before the Supreme Court: What Just Happened? Case Commented On: Carter v Canada (Attorney General), 2016 SCC 4 On February 6, 2015, the Supreme Court of Canada handed down its much-anticipated … Continue reading

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Constitutional Challenge to Gang-Affiliation Law Scores (Interim) Win

By: Sarah Burton PDF Version: Constitutional Challenge to Gang-Affiliation Law Scores (Interim) Win Case Commented On: Barr v Alberta (Attorney General), 2016 ABQB 10 Last spring, I posted a comment flagging the constitutional concerns surrounding section 69.1 of the Gaming … Continue reading

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TransCanada Sues U.S. Government for Rejecting Keystone Pipelines

By: James Coleman PDF Version: TransCanada Sues U.S. Government for Rejecting Keystone Pipelines Last Wednesday, TransCanada filed a complaint against the United States in a federal district court in Houston alleging that the President’s rejection of the Keystone XL pipeline … Continue reading

Posted in Constitutional, International Trade, Oil & Gas | 3 Comments

BC Court Confirms That a Municipality Has No Authority With Respect to the Routing of an Interprovincial Pipeline

By: Nigel Bankes PDF Version: BC Court Confirms That a Municipality Has No Authority With Respect to the Routing of an Interprovincial Pipeline Case Commented On: Burnaby (City) v Trans Mountain Pipeline ULC, 2015 BCSC 2140 The Trans Mountain Expansion … Continue reading

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Adieu à la Langue Française

By: Theresa Yurkewich PDF Version: Adieu à la Langue Française Case Commented On: Caron v Alberta, 2015 SCC 56 Introduction Gilles Caron and Pierre Boutet, the appellants, were charged with traffic offences under section 34(2) of the Use of Highway … Continue reading

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The Next Shot in the Constitutional Debate Over Mandatory Minimum Sentences for Firearms Offences

By: Erin Sheley PDF Version: The Next Shot in the Constitutional Debate Over Mandatory Minimum Sentences for Firearms Offences Case Commented On: R v Friesen, 2015 ABQB 717 The Court of Queen’s Bench has found a new constitutional limitation on … Continue reading

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Protection for the Rights of Farm Workers Finally Proposed in Alberta

By: Jennifer Koshan PDF Version: Protection for the Rights of Farm Workers Finally Proposed in Alberta Legislation Commented On: Bill 6, Enhanced Protection for Farm and Ranch Workers Act On November 17, 2015 the Minister of Jobs, Skills, Training and … Continue reading

Posted in Constitutional, Labour/Employment | 1 Comment

Is there Space for the Homeless in our City’s Parks? A Summary and Brief Commentary of Abbotsford (City) v Shantz

By: Ola Malik and Megan Van Huizen PDF Version: Is there Space for the Homeless in our City’s Parks? A Summary and Brief Commentary of Abbotsford (City) v Shantz Case Commented On: Abbotsford (City) v Shantz, 2015 BCSC 1909 The … Continue reading

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