On November 2 the Supreme Court of Canada (SCC) released its much-awaited decision on the matter of Ktunaxa Nation v British Columbia (Forests, Land and Natural Resource Operations). In today’s post, the first of a two-part series, Kristopher Kinsinger assesses how the SCC’s decision on the Ktunaxa Nation’s section 2(a) Charter of Rights and Freedoms […]
On November 2 the Supreme Court of Canada heard oral arguments in the matter of Highwood Congregation of the Jehovah’s Witnesses et al v Randy Wall. This primer provides an overview of the case’s factual and legal background ahead of the hearing. During the appeal I live-tweeted most of the proceedings, which can can be viewed on my […]
By this point, it is a virtual certainty that the outcome of the joint-appeal for Trinity Western University et al v Law Society of Upper Canada and Law Society of British Columbia v Trinity Western University et al will be a landmark ruling by the Supreme Court of Canada.
It is an uncanny convenience that immediately following Prime Minister Trudeau’s abandonment of his electoral reform promise, the announcement of a revamped Court Challenges Program emerges. The Program provides some (or perhaps only a semblance of) comfort and recourse to the very same groups that feel marginalized by the first-past-the-post system. It is the perfect […]
The Supreme Court of Canada heard arguments on December 1st about whether section 2a of the Charter – the provision that protects religious freedom in our country—could be extended to include an Aboriginal spiritual connection to land. This is the first time the Supreme Court will consider an Aboriginal religious freedom claim under the Charter. […]
The British Columbia Court of Appeal (“BCCA”) case Ktunaxa Nation v BC, 2015 BCCA 352 [Ktunaxa], has some problematic implications for the scope of religious freedom under section 2(a) of the Charter. Aboriginal spirituality has never officially been recognized under 2(a). It is likely that Ktunaxa will go to the Supreme Court of Canada (“SCC”). […]
The separation of church and State has long plagued Canada. The Supreme Court of Canada (“SCC”) recently revisited the scope of the duty of religious neutrality in Mouvement laïque québécois v Saguenay (City), 2015 SCC 16. The SCC, in allowing the appeal, prevented the Mayor of Saguenay from reciting a prayer in council meetings. While […]
This is the first part of a two-part comment on the Supreme Court of Canada ("SCC") decision in Loyola High School v Quebec (Attorney General), 2015 SCC 12 [Loyola]. It will summarize the majority opinion of Justice Abella. Unlike the concurring opinion of Chief Justice McLachlin, which will be set out in Part II, Abella […]
On February 6, 2015, in the well-publicized decision of Ishaq v Canada (Minister of Citizenship and Immigration), 2015 FC 156 [Ishaq], the Federal Court ruled that it was unlawful for the Canadian Government to ban new citizens from reciting the citizenship oath with a face-covering veil. Since the decision was released, the Harper Government has […]
I It has been said that the Canadian Charter of Rights and Freedoms is a liberal document. On this view, the Charter presupposes an individualistic conception of the rights-bearer. It conceives of persons as having pre-politically discrete identities and as being free, autonomous, and independent of the community. Its function is to “police the boundary that […]