By: Jennifer Koshan and Jonnette Watson Hamilton
Case Commented on: Quebec (Attorney General) v Kanyinda, 2026 SCC 7 (CanLII)
PDF Version: Grounds for (In)Equality: The Supreme Court of Canada Grapples with Intersectionality in Kanyinda
Category: Equality Page 1 of 5
By: Jennifer Koshan
Case Commented On: Alberta Teachers Association v Alberta (AG), 2026 ABKB 190
PDF Version: Back to School Act Survives Injunction Application
On March 13, 2026, Justice Douglas R. Mah denied the application of the Alberta Teachers Association (ATA) for an interlocutory injunction to suspend operation of the Back to School Act, SA 2025, c B-05 (BSA). Background on this legislation and the Alberta government’s use of the Charter’s notwithstanding clause to override the teachers’ rights to collectively bargain and strike appears in earlier ABlawg posts here and here. This post will discuss Justice Mah’s reasons, including his commentary on the role of judges in a constitutional democracy. This commentary is a sign of the times in Alberta, with the government posing threats to the rule of law and judges feeling compelled to speak out and defend their role. And it is not just the Alberta government seeking to exert more control over the judiciary. On March 24, Alberta was joined by the governments of Saskatchewan, Ontario, and Quebec in calling for a greater say for the provinces in the selection of federally appointed judges. The provinces’ letter to Prime Minister Mark Carney came during a week when the Supreme Court of Canada is hearing what many consider to be the most important constitutional case since the Charter came into effect in 1982, English Montreal School Board, et al v Attorney General of Quebec, et al, 2025 CanLII 2818 (SCC) (EMSB). EMSB involves foundational issues about the powers of judges after a government has invoked the Charter’s notwithstanding clause, section 33. As I will discuss, the EMSB case played a key role in Justice Mah’s decision.
By: Howard Kislowicz
Case Commented On: Wirring v Law Society of Alberta, 2025 ABCA 413
PDF Version: Religious Freedom and the Oath to the Sovereign, Revisited
On December 16, 2025, the Alberta Court of Appeal overturned a decision of the Court of King’s Bench which had held that the Oath of Allegiance required of candidates for enrolment in the Alberta Law Society did not infringe the religious freedom of the claimant, Mr. Wirring. At the relevant time, the text of the Oath was as follows:
I ________swear I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Her heirs and successors, according to law (quoted in Wirring v Law Society of Alberta at para 2).
By: Gideon Christian
Cases Commented On: Dosu v Human Rights Tribunal of Ontario, 2025 ONSC 6496 (CanLII); Dosu v Human Rights of Ontario, 2025 ONSC 6509 (CanLII)
PDF Version: A Court Divided: What an Ontario Court Motion Reveals About Race in the Courtroom
In a bizarre procedural twist, the Ontario Divisional Court issued two contradictory decisions on consecutive days in the same case. Two written motions for leave to intervene in Dosu v. Human Rights Tribunal of Ontario was sent to two different judges – Justice Sharon Shore and Justice Shaun Nakatsuru – who rendered opposite rulings. Justice Shore dismissed the would-be intervenors; the next day, in a separate ruling, Justice Nakatsuru granted them intervention, setting the stage for what appears to be an embarrassing judicial outcome for the court.
By: Jennifer Koshan
Case and Bill Commented On: Egale Canada v Alberta, 2025 ABKB 394 (CanLII); Bill 9, Protecting Alberta’s Children Statutes Amendment Act, 2025, 2nd Session, 31st Legislature
PDF Version: The Nuclear Option: An Update on Alberta’s Legislation Targeting Trans and Gender Diverse Youth
On November 18, 2025 the UCP government introduced Bill 9, which seeks to amend three statutes that were passed last year restricting the rights of trans and gender diverse youth. The Protecting Alberta’s Children Statutes Amendment Act, 2025 invokes s 33 of the Charter, such that if the Bill is passed, the three statutes will apply notwithstanding several Charter rights and freedoms, the Alberta Bill of Rights, RSA 2000, c A-14, and the Alberta Human Rights Act, RSA 2000, c A-25.5. This is the second time s 33 has been used in recent weeks, with Bill 2, the Back to School Act, SA 2025, c B?0.5, invoking s 33 to end the teachers’ strike and impose a contract on them in late October (see an ABlawg post on Bill 2 by Shaun Fluker et al here).