33 (1) Parliament or the legislature of a province may expressly declare in an Act of Parliament or of the legislature, as the case may be, that the Act or a provision thereof shall operate notwithstanding a provision included in section 2 or sections 7 to 15 of this Charter. Section 33 of the … [Read more...]
The Emergencies Act
When I agreed to write about the Emergencies Act, I had no idea that I would end up doing so at a time when the federal government was actually considering resorting to this never-before-used legislation. But with the arrival and spread of COVID-19 in Canada, this Act is an option the government has … [Read more...]
Fixing Canadian Crown Copyright
The federal Copyright Act establishes the legal framework for use of copyright-protected works in Canada. Under the Act, rights-holders have the exclusive right to reproduce and re-use substantial amounts of a work unless such uses fall under one of the statutory exceptions to copyright … [Read more...]
Provinces Leaving Canada Part II: The Clarity Act
The obligations we have identified are binding obligations under the Constitution of Canada. However, it will be for the political actors to determine what constitutes "a clear majority on a clear question" in the circumstances under which a future referendum vote may be taken. - Reference Re … [Read more...]
Provinces Leaving Canada Part I: The Quebec Secession case
. . . a clear majority vote in Quebec on a clear question in favour of secession would confer democratic legitimacy on the secession initiative which all of the other participants in Confederation would have to recognize. - Reference Re Secession of Quebec, [1998] 2 SCR 217 at para … [Read more...]
Why is Canada a Bilingual Country?
Canada has two official languages: French and English. We always wonder why. Canada’s two colonizing peoples are the French and the British. They controlled land and built colonies alongside Indigenous peoples, who had been living there for millennia. They had two different languages and cultures. … [Read more...]
When Can the Right to Freedom of Expression be Curtailed?
Section 2 of the Canadian Charter of Rights and Freedoms protects our freedom of expression, but this freedom is not absolute. The right to express our opinions is a crucial element of a democracy. Freedom of expression is a basic characteristic of personal development. It gives us the right to … [Read more...]
The Reasonable Person
The reasonable person standard in tort law looks at whether a person's unintentional or careless actions mean they are liable for someone else's injuries. Tort law is an umbrella field of law, which aims to correct injustices that have happened between individuals. The courts assess whether the … [Read more...]
The Significance of the Charter in Canadian Legal History
The Canadian Charter of Rights and Freedoms is a bill of rights - a statement of rights and freedoms that was added to the Constitution in 1982. Looking Back 2017 not only marks 150 years since the British North America Act, 1867 (better known today as the Constitution Act, 1867), came into being, … [Read more...]
Equitable Doctrines and Maxims
The law of equity includes equitable doctrines and maxims that allow a court to grant equitable relief where there is no relief at common law. Canadian law is mainly comprised of statutes (legislation enacted by Parliament and the provincial legislatures) and common law (the body of law developed … [Read more...]
