Reading Time: 3 minutesDisponible en français. The appropriate sentence for a crime is a hotly contested topic. Some people feel that more weight should be given to the objectives of deterrence and punishment, while others want to focus on rehabilitation, for example. While… Read More ›
Canadian Charter of Rights and Freedoms
Constitutional Protection of the Right to Strike
Reading Time: 5 minutesDisponible en français. On 30 January 2015, the Supreme Court of Canada (the Court) recognized a constitutional protection of the right to strike, ruling in Saskatchewan Federation of Labour v. Saskatchewan that this right is an “indispensable” part of collective bargaining. In… Read More ›
Federal and International Legislative Protections for People with Disabilities: Where We Are Today
Reading Time: 4 minutesDisponible en français. In 2022, approximately 8 million Canadians aged 15 years or older reported living with disabilities that limit their daily activities. As individual groups, women, seniors and Indigenous peoples report some of the highest rates of disability. Therefore, the legislation… Read More ›
Immigration Detention in Canada
Reading Time: 9 minutesDisponible en français. Canada’s immigration detention system is governed by the Immigration and Refugee Protection Act (IRPA), the Immigration and Refugee Protection Regulations (the Regulations) and the international human rights treaties ratified by the government. The Canadian Border Services Agency (CBSA)… Read More ›
Mandatory Minimum Sentences and Section 12 of the Canadian Charter of Rights and Freedoms: Supreme Court of Canada Case Law
Reading Time: 7 minutesDisponible en français. Mandatory minimum sentences are set by Parliament to limit judicial discretion when it comes to imposing punishment. There were six offences with mandatory minimum sentences when the first Criminal Code (the Code) was enacted in 1892, for… Read More ›
Executive Summary – The Notwithstanding Clause of the Charter
Reading Time: < 1 minuteDisponible en français. Section 33(1) of the Canadian Charter of Rights and Freedoms (the Charter) permits Parliament or the legislature of a province to adopt legislation to override certain rights and freedoms for a limited period, subject to renewal. Such a use… Read More ›
Executive Summary – Prostitution in Canada: International Framework, Federal Law, and Provincial and Municipal Jurisdiction
Reading Time: 2 minutesDisponible en français. Prostitution has long been the subject of varying moral perspectives and legal approaches. These divisions often reflect different ideas about how vulnerable people can best be protected from exploitation and violence. International law relating to prostitution is mainly… Read More ›
Freedom of Expression: Recent Jurisprudence
Reading Time: 6 minutesDisponible en français. “Everyone has the … freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication.” – Section (2b) of the Canadian Charter of Rights and Freedoms Freedom of Expression and the… Read More ›
The Emergencies Act: Parliament’s Role During a National Emergency
Reading Time: 5 minutesRevised on 23 February 2022, 8:40 a.m. Disponible en français. On 14 February 2022, in response to the ongoing blockades and protests taking place in Ottawa and at some border crossings, the Prime Minister announced that the Governor in Council… 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 ›