Category Archives: Constitutional

Taking Proportionality Seriously in Charter Adjudication: R v KRJ

By: Stephen Armstrong PDF Version: Taking Proportionality Seriously in Charter Adjudication: R v KRJ Case Commented On: R v KRJ, 2016 SCC 31 (CanLII) Introduction The rights and freedoms enshrined in the Charter are not absolute. They are “subject only to … Continue reading

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Charter Equality Challenges to the Income Tax Act: The Unsuccessful Streak is Strong, 30 Years On

By: Kyle Gardiner PDF Version: Charter Equality Challenges to the Income Tax Act: The Unsuccessful Streak is Strong, 30 Years On Research Commented On: Shea Nerland Law LLP Fellowship Project on Tax Law and Equality, Summer 2016 On 2 May, 2016, … Continue reading

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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

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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

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