Author Archives: Charlotte Dalwood

About Charlotte Dalwood

Charlotte Dalwood is a Juris Doctor student at the University of Calgary, Faculty of Law and a graduate of Yale University. Her prior publications include articles in CBC News, rabble.ca, and Sojourners. Follow her on Twitter @csdalwood and find her online at www.charlottedalwood.com

Original Powers: Reviving the Federal Disallowance Power to Combat Anti-Trans Legislation

By: Charlotte Dalwood

Matters Commented On: Government of New Brunswick, Policy 713 Sexual Orientation and Gender Identity, (Fredricton: Government of New Brunswick, 2023); Government of Saskatchewan, Use of Preferred First Name and Pronouns by Students, (Regina: Government of Saskatchewan, 2023); Government of Alberta, News Release, “Preserving choice for children and youth” (1 February 2024).

PDF Version: Original Powers: Reviving the Federal Disallowance Power to Combat Anti-Trans Legislation

A specter haunts Canada: the specter of legislated transphobia.

It began in New Brunswick. In Summer 2023, the province’s Minister of Education and Early Childhood Education changed Policy 713—the provincial education policy pertaining to sexual orientation and gender—to limit gender diverse students’ ability to use their chosen names and pronouns at school (see New Brunswick, Department of Education and Early Childhood Education, Policy 713 Sexual Orientation and Gender Identity (Fredericton: Government of New Brunswick, 2023)). Continue reading →

Original Gender: Mobilizing Charter Section 28 to Defend Trans Rights in Saskatchewan

By: Charlotte Dalwood

Matter Considered: Use of Preferred First Name and Pronouns by Students, Government of Saskatchewan

PDF Version: Original Gender: Mobilizing Charter Section 28 to Defend Trans Rights in Saskatchewan

On October 10, 2023, Saskatchewan Premier Scott Moe wants his government to invoke the notwithstanding clause in the Canadian Charter of Rights and Freedoms to shield his anti-trans name and pronoun policy from Charter scrutiny.

The policy in question, announced in August, requires Saskatchewan students under the age of 16 to obtain parental permission before changing their names and pronouns at school. Regina-based organization UR Pride is challenging that policy as contrary to sections 7 and 15(1) of the Charter. That case will be argued in November. Last week, the Court of King’s Bench of Saskatchewan granted an injunction to prevent the policy from going into effect until the Charter challenge is heard. Continue reading →

Anti-SLAPP Legislation and Non-Justiciable Issues: A Consideration of Hansman v Neufeld and Todsen v Morse

By: Charlotte Dalwood

Cases Commented On: Hansman v Neufeld, 2021 BCCA 222 (CanLII); Todsen v Morse, 2022 BCSC 1341 (CanLII)

PDF Version: Anti-SLAPP Legislation and Non-Justiciable Issues: A Consideration of Hansman v Neufeld and Todsen v Morse

Earlier this year, the Supreme Court granted leave to appeal in the decision Hansman v Neufeld, 2021 BCCA 222 (CanLII) (Neufeld). The case concerns an application under the Protection of Public Participation Act, SBC 2019, c 3 (PPPA) to dismiss a defamation action as a “SLAPP”: a “Strategic Lawsuit against Public Participation”. Later this year, the British Columbia Supreme Court considered another application under the PPPA, likewise to dismiss a defamation action, in Todsen v Morse, 2022 BCSC 1341 (CanLII) (Todsen). Continue reading →