Category Archives: Constitutional

Administrative Segregation and the Charter of Rights and Freedoms

By: Myrna El Fakhry Tuttle PDF Version: Administrative Segregation and the Charter of Rights and Freedoms Case Commented On: R v Prystay, 2019 ABQB 8 (CanLII) On January 4, 2019, Madam Justice Dawn Pentelechuk found that Mr. Ryan Prystay’s lengthy … Continue reading

Posted in Constitutional, Criminal | Comments Off on Administrative Segregation and the Charter of Rights and Freedoms

Lessons from Redwater: Discard the AbitibiBowater Test and Legislate Super Priority for the Regulator

By: Jassmine Girgis PDF Version: Lessons from Redwater: Discard the AbitibiBowater Test and Legislate Super Priority for the Regulator Case Commented On: Orphan Well Association v Grant Thornton Ltd, 2019 SCC 5 (CanLII) Environmental cleanup costs are a natural consequence … Continue reading

Posted in Bankruptcy and Insolvency, Constitutional, Oil & Gas | 1 Comment

What is the Concern with Recognizing GHGs as a Matter of National Concern?

By: Martin Olszynski PDF Version: What is the Concern with Recognizing GHGs as a Matter of National Concern? Matter Commented On: Reference re: Greenhouse Gas Pollution Pricing Act  All eyes are on Saskatchewan this week, as the Saskatchewan Court of Appeal … Continue reading

Posted in Constitutional, Environmental | 3 Comments

The Adverse Impact of Mandatory Victim Surcharges and the Continuing Disappearance of Section 15 Equality Rights

By: Jennifer Koshan and Jonnette Watson Hamilton PDF Version: The Adverse Impact of Mandatory Victim Surcharges and the Continuing Disappearance of Section 15 Equality Rights Case Commented On: R v Boudreault, 2018 SCC 58 (CanLII) It was just over one … Continue reading

Posted in Constitutional, Criminal, Supreme Court of Canada | 1 Comment

City of Toronto v Ontario and Fixing the Problem with Section 3 of the Charter

By: Colin Feasby PDF Version: City of Toronto v Ontario and Fixing the Problem with Section 3 of the Charter Case Commented On: Toronto (City) v Ontario (Attorney General), 2018 ONCA 761 Introduction Ontario Premier Doug Ford’s recent restructuring of … Continue reading

Posted in Constitutional | 3 Comments