Category Archives: Constitutional

The Application of the Charter to a Protest on the Siksika Nation

Posted on November 22, 2016 by Linda McKay-Panos

By: Linda McKay-Panos PDF Version: The Application of the Charter to a Protest on the Siksika Nation Case Commented On: Siksika Nation v Crowchief, 2016 ABQB 596 (CanLII) Recently there have been several cases involving the issue of whether the Charter … Continue reading →

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Taking Proportionality Seriously in Charter Adjudication: R v KRJ

Posted on September 9, 2016 by Stephen Armstrong

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

Posted on September 2, 2016 by Kyle Gardiner

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 →

Posted in Constitutional, Tax | 2 Comments

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

Posted on August 23, 2016 by Joshua Sealy-Harrington

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 | 2 Comments

When the Burden of Proving Institutional Bias Rests on a Prisoner

Posted on August 19, 2016 by Amy Matychuk

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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