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Commentary

Asper Centre Students in Focus: Brittany Cohen

Brittany Cohen, a rising second-year J.D. candidate, is another student research assistant working at the Asper Centre this summer. Building on one of its student working group projects this past academic year, the Asper Centre is developing a series of police oversight legal information guides for the general public (one for each province, the territories and … Read More

External audit of immigration detention review shows pattern of serious Charter violations

By Cheryl Milne On July 20, 2018, the Immigration and Refugee Board of Canada released an external audit performed by independent auditor, Katherine Laird, on Canada’s immigration detention review system. She examined randomly selected cases where immigration detention exceeded 100 days. The report documents serious concerns about procedural fairness leading to lengthy incarceration. A review … Read More

Tax rule capping charities’ political activity infringes on free expression: ONSC

By Sara Tatelman Courts often breeze by the first step of the Oakes analysis, I remember my first year constitutional law professor telling the class. That is, when determining whether a law infringing on Charter rights is justified, judges tend to give governments the benefit of the doubt that their laws have a legitimate purpose. … Read More

Asper Centre Students in Focus: Jason Lamb

  Meet Jason Lamb, a rising second-year J.D. candidate and one of the Asper Centre’s student research assistants this summer. Lamb’s main project is to help publish a special edition of the Supreme Court Law Review based on presentations at the Asper Centre’s public interest litigation conference in March. The journal edition will “be a lasting … Read More

Beyond freedoms: the administrative underbelly of the Trinity Western decision

By Sara Tatelman The Supreme Court of Canada may have divided 7-2 on whether law societies must accredit Trinity Western University’s proposed law school, but the split was much narrower when it came to the nitty-gritty of administrative law. While the five-justice majority accepted the Doré/Loyola framework for judicial review of administrative law decisions, the … Read More