Politics & the SCC
The CUPE Cause Célèbre: Provinces Spend beyond what Canada’s Constitutional Drafters Budgeted For
Introduction On October 31st 2022, the Ontario Government led by Premier Doug Ford invoked s. 33 of the Canadian Charter of Rights and Freedoms (“Charter”) to shield its ‘back to work’ legislation from judicial scrutiny. The legislation, known as the Keeping Students in School Act, 2022, would have terminated any on-going strike by the Canadian […]
Justice O'Bonsawin: Carrying the Burden of Four Centuries
“No matter where we are in society, no matter how far we move up, we always have to remember where we come from.” - Michelle O’Bonsawin (The Globe and Mail, August 2022) Introduction On September 1st, 2022, Michelle O’Bonsawin was sworn into office at the Supreme Court of Canada (“SCC”). Justice O’Bonsawin was appointed by […]
Appeal Watch: Fate of Federal Greenhouse Gas Legislation is Up in the Air
How urgent is the need for coordinated national action on climate change? According to the Court of Appeal for Ontario (“ONCA”), it is urgent indeed. On June 28 2019, the ONCA found, by a 4-1 majority, that the federal Greenhouse Gas Pollution Pricing Act (“GGPPA”or “the Act”) is a valid exercise of Parliament’s jurisdiction over […]
The McLachlin Era: A Retrospective (Part II)
Author’s Note: The author would like to thank Professors Benjamin Berger, Signa Daum Shanks, and Bruce Ryder for their generous and thoughtful contributions, without which this post would not have been possible. This is the second part of a two-part post. Part I offered some insight into the scope and identity of the McLachlin Court, as […]