A Federal Court justice ruled four men, suspected ISIS members, must be repatriated to Canada from a Syrian detention camp. Here’s why the decision is flawed and an ongoing appeal is justified.
Articles on Canadian Charter of Rights and Freedoms
Displaying 21 - 40 of 46 articles
There’s no equivalence between invoking the Emergencies Act and the pre-emptive invocation of the notwithstanding clause, which guts Canadian democracy and nullifies the Charter.
A Supreme Court reference on the notwithstanding clause could look beyond the highly polarized reactions to any particular law and get at the heart of the issue.
Frustration about unsettled bargaining that predates the pandemic could get channelled into pronounced resistance from educational workers during the coming months.
More than a dozen women’s organizations pleaded with the federal government to slow down and treat their concerns seriously about Bill C-28. It didn’t listen.
Whatever Queen Elizabeth’s personal qualities, it’s time to determine how the monarchy fits Canada’s current situation as an independent country and its aspirations for the future.
The Québec government thought it would Charter-proof its religious symbol law when it invoked the nothwithstanding clause. It was wrong.
Our freedom is limited as soon as our speech and behaviour become harmful to other people.
Long-term assessments of the trucker convoy will depend less on questionable interpretations of individual freedom and more on whether the state’s fundamental obligations were seriously threatened.
Can the government mandate vaccines? Canadians have rights to make decisions about vaccination, but these rights are not absolute, and do not mean those decisions will have no consequences.
Provincial regulations have major implications for the freedom of expression exercised by individuals and organizations in Ontario in the months leading up to the June election.
The decisions of medical health-care professionals like doctors and nurse practitioners are more legally significant than ever before since they are determining vaccination exemptions.
The case for campus vaccine mandates is compelling, and this conclusion is bolstered by recommendations from medical doctors.
By paying greater attention to the originally intended application of the Canadian Constitution’s notwithstanding clause, along with the diversity of lawmakers in Canada, there’s a better path forward.
Ontario has historically been the province in Confederation most concerned about buoying Ottawa and limiting its own relative power for the sake of national unity. Doug Ford puts that legacy at risk.
The federal government’s ambitious new plan to modernize the 51-year-old Official Languages Act is the most significant proposal on the status of French in Canada since 1982.
Pierre Trudeau’s contribution to the remaking of Canada cannot be questioned. Throughout the 1980 to 1982 constitutional debates, he reminded Canadians of their country’s basic values.
As Canadian provinces begin to ease COVID-19 restrictions, is it an exercise of one’s constitutional rights to protest or disobey those that continue to exist?
Civil liberties violations look very different in pandemics. That’s why the Canadian Civil Liberties Association is looking into who has been detained and fined, and why, during the pandemic.
Canada’s Charter of Rights and Freedoms doesn’t mean much if it can’t be enforced. That’s why the Court Challenges Program is so important — no matter what the Québec premier says.
Top contributors
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Associate Law Professor, University of New Brunswick
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Instructor, Legal Studies and Criminology, Kwantlen Polytechnic University
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Professor, Faculty of Law, Thompson Rivers University
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Full Professor, Research Chair in Language Rights, Faculty of Law | Professeur titulaire, Chaire de recherche Droits et enjeux linguistiques, Faculté de droit, L’Université d’Ottawa/University of Ottawa
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Professor, School of Public Policy and Administration, York University, Canada
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Assistant Professor, Department of Political Science, McMaster University
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Adjunct professor, Environment and Sustainability, University of Saskatchewan
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Full Professor, Faculty of Law, L’Université d’Ottawa/University of Ottawa
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Visiting scholar, uOttawa Faculty of Law; Doctoral candidate lecturer, Cornell Law School, L’Université d’Ottawa/University of Ottawa
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Visiting Lecturer, Faculty of Law, Western University
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Associate Professor, Peter A. Allard School of Law, University of British Columbia
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Assistant Professor, Faculty of Education, Brock University
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Professor, Labour Studies, Brock University
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Assistant Professor, Department of Political Science, McMaster University
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PhD Candidate, Criminal Justice, University of Canterbury