Over the past several years, there have been a number of very significant reference decisions that have and will affect Canada’s legal landscape. A reference case is different than a regular civil or criminal case that involves litigating parties. In a reference, the federal or provincial … [Read more...]
Quebec’s Need for Cultural and Linguistic Protection, the Notwithstanding Clause, and the Demise of the Meech Lake Accord
For careful observers of Canadian culture and politics, there was an obvious irony attached to the House of Commons motion that was approved in November of 2006, recognizing Quebec’s special place in Confederation. The motion garnered 265 yeas and a mere 16 nays and stated: “Que cette Chambre … [Read more...]
Human Rights and Québec’s Charter of Values
On Thursday, November 7, 2013, the Québec government tabled its Charter of Values, Bill 60. The Bill provides that public body personnel must maintain religious neutrality in the exercise of their functions. It also restricts personnel from wearing objects “such as headgear, clothing, jewelry or … [Read more...]
Can We Help You With Christmas?
For many of us, this time of year is a time for personal reflection, and pondering what the next year will bring. The theme of “The Law and Christmas” brings to mind the debate around the appropriateness of Christmas in the public sphere within a multicultural society – a debate that we mostly hear … [Read more...]
Situation in the Supreme Court
An interesting and unprecedented situation is unfolding at the Supreme Court of Canada. The newest designate to the Court, Marc Nadon, has stepped aside for the time being because a challenge to his appointment has been filed. A Toronto lawyer alleges that Justice Nadon does not meet the … [Read more...]
The Royal Proclamation and its Approach to Competing Cultures
The October 7, 1763 Royal Proclamation, as its 250th anniversary approaches, is justifiably hailed as the genesis of first peoples’ singular, identified status within the Canadian constitutional structure. That core thesis, and the substantive provisions with respect to protection of first peoples’ … [Read more...]