Reading Time: 2 minutes Disponible en français. In Canada, the treaty-making process is controlled by the executive branch of the federal government, while the Parliament of Canada (“Parliament”) is often responsible for passing legislation to implement international treaties at the federal level. The treaty-making… Read More ›
Law, justice and rights
Executive Summary – An Examination of the Duty to Accommodate in the Canadian Human Rights Context
Reading Time: 2 minutes Disponible en français. This Background Paper provides an overview of the duty to accommodate – a fundamental principle of equality included in all Canadian human rights laws – and describes how that principle has been interpreted and applied in Canadian jurisprudence. The duty… Read More ›
Judicial Independence of Military Judges
Reading Time: 5 minutes Disponible en français. In 2020, military judges were forced to direct a stay of proceedings of four courts martial (Edwards, Crépeau [in French], Fontaine [in French], and Iredale) after determining that an order issued by the then-Chief of the Defence… Read More ›
Understanding Spectrum Management in Canada
Reading Time: 5 minutes Disponible en français. Wireless communications services are constantly changing how Canadians live and participate in society. They improve connectivity across the country, especially in sparsely populated areas. Wireless services are also at the forefront of technological developments, such as fifth… Read More ›
The Rights of Nature: Canadian and International Developments in Granting Legal Rights to Rivers
Reading Time: 5 minutes Disponible en français. Environmental laws enacted for the benefit of humans are widespread. Less common are laws that protect nature for its own sake, independent of human interests. In February 2021, the Quebec municipality of Minganie [in French] and the… Read More ›
Executive Summary – Refugee Protection in Canada
Reading Time: < 1 minute Disponible en français. Refugees are people who flee their country because it is unsafe. Most refugees seek protection in a country neighbouring their own. Others make their way to countries like Canada and seek protection once they have arrived. This paper describes the steps to obtain protection when a person is already in Canada. International law and Canadian… Read More ›
Executive Summary – Canada’s Aquaculture Industry
Reading Time: < 1 minute Disponible en français. Aquaculture production has seen important increases over the past 35 years, both in Canada and worldwide. British Columbia leads Canada’s finfish production (principally salmon), while Prince Edward Island leads the country’s shellfish production. In 2019, 187,026 tonnes… Read More ›
The COVID-19 Pandemic and Air Ticket Reimbursements
Reading Time: 4 minutes 15 April 2021, 10:10 a.m. Disponible en français. In March 2020 and throughout the year, travel restrictions announced in response to the COVID-19 pandemic led to widespread flight cancellations. Travellers were left unsure about airlines’ obligations to refund their cancelled… Read More ›
Executive Summary – Understanding Federal Jurisdiction and First Nations
Reading Time: < 1 minute Disponible en français. Under section 91(24) of the Constitution Act, 1867, the federal government has exclusive legislative authority for “Indians, and Lands reserved for the Indians.” This responsibility, however, often overlaps with that of the provinces, whose authority extends to areas such as child welfare, education and policing. While “Indians” means all Indigenous peoples for the purpose of section 91(24),… Read More ›
Executive Summary – Federal Funding for Health Care
Reading Time: < 1 minute Disponible en français The federal government has authority over matters related to health and health care derived mainly from its criminal law power for issues related to public health and safety, and from its spending power through which it makes… Read More ›