Reading Time: 2 minutesDisponible en français. Organ transplantation surgery has saved countless lives since its advent in the 1950s. As the techniques and technologies used in transplantation medicine improve, positive outcomes for donors and recipients are increasing. Demand for this treatment, however, far… Read More ›
Law, justice and rights
Executive Summary – Official Languages or National Languages? Canada’s Decision
Reading Time: < 1 minuteDisponible en français. In 2013–2014 and again since June 2020, some Canadian political figures have used the terms “national languages” and “official languages” interchangeably to refer to English and French when discussing the federal language regime. However, these two terms are not equivalent. “Official” status requires the government to… Read More ›
Executive Summary – Canada’s Approach to the Treaty-Making Process
Reading Time: 2 minutesDisponible 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 ›
Executive Summary – An Examination of the Duty to Accommodate in the Canadian Human Rights Context
Reading Time: 2 minutesDisponible 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 minutesDisponible 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 ›
The Rights of Nature: Canadian and International Developments in Granting Legal Rights to Rivers
Reading Time: 5 minutesDisponible 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 minuteDisponible 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 – Understanding Federal Jurisdiction and First Nations
Reading Time: < 1 minuteDisponible 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 minuteDisponible 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 ›
Executive Summary – Resettling Refugees: Canada’s Humanitarian Commitments
Reading Time: 2 minutesDisponible en français. The United Nations High Commissioner for Refugees (UNHCR) estimates that more than 1.44 million refugees are currently in need of resettlement to a third country. These are refugees who, according to the UNHCR, can neither return to… Read More ›