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 ›
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 ›
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 ›
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 ›
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 ›
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 ›
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 ›
Reading Time: 2 minutesDisponible en français. There are various rules governing the use of French and English within the Canadian judicial system. This Background Paper focuses on the federal government’s role in the matter, looking particularly at the issues relating to bilingualism within the Canadian court system. There are a number of different acts that govern the administration of justice in the two official… Read More ›
Reading Time: 4 minutesDisponible en français. On 21 January 2021, the Governor General, the Right Honourable Julie Payette announced her resignation. The resignation led to a relatively uncommon situation – the Chief Justice of Canada, the Right Honourable Richard Wagner, was appointed Administrator… Read More ›
Reading Time: < 1 minute(Disponible en français : Résumé – Les lois fédérales du Canada sur la protection de la vie privée) The right to privacy is recognized as a quasi-constitutional right in Canada. At the federal level, two pieces of legislation provide some privacy… Read More ›