constitutional validity

Sanis Health Inc v British Columbia: Flexible Federalism Permits National Class Action on Opioids

SCC to Address Indigenous Peoples’ Inherent Right to Self-Govern in Bill C-92 Reference

Editor’s Note: The author’s analysis of Renvoi à la Cour d'appel du Québec relatif à la Loi concernant les enfants, les jeunes et les familles des Premières Nations, des Inuits et des Métis, 2022 QCCA 185 [QCCA Reference] is based on an unofficial English translation of the opinion of the Quebec Court of Appeal (“QCCA” […]

R v Albashir: Revisiting the Temporal Effects of the Bedford Decision

Appeal Watch: Consecutive Ineligible Parole Periods Deemed Unconstitutional in Attorney General of Quebec, et al. v. Alexandre Bissonnette

R v Chouhan: Abolishment of Peremptory Challenges is Constitutionally Valid

The Abolition of Peremptory Challenges in R v Chouhan: A License for Discrimination or Safeguard for Representative Juries?

Taylor v Her Majesty the Queen: The Applicant’s had “Bigger Fish to Fry”

No Constitutional Right to Private Healthcare, rules Cambie Surgeries v BC

At the brink of the neighbouring United States presidential election where the recurring public versus private debate healthcare continues to wage on, the Canadian universal healthcare system figures in as either an affordable haven or a wait time nightmare—depending on who you ask. However, contrary to its popular characterization, Canada does not have a completely […]

The Scope of the Federal Criminal Law Power in the Reference re Genetic Non-Discrimination Act

Remedying Hypothetical Charter Breaches: Lessons from R v Appulonappa

The newest member in the illustrious “class of section seven” Charter jurisprudence is R v Appulonappa, 2015 SCC 59 [Appulonappa], a recent Supreme Court of Canada (“SCC”) ruling on the constitutionality of a federal human smuggling offence. The decision is not only noteworthy for its political significance (stemming from a refugee controversy taking place several […]