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Commentary

Recapping Brandon Garrett’s Constitutional Roundtable on Wealth, Equal Protection, and Due Process

by Kylie de Chastelain On Wednesday, October 2nd, 2019 the Asper Centre hosted Professor Brandon Garrett for a Constitutional Roundtable titled “Wealth, Equal Protection and Due Process.” Professor Garrett presented work from a recent paper exploring “equal process” – a term he coined to describe the intersection between the Equal Protection and Due Process Clauses … Read More

Freedom of expression in an election context: A purposive approach

by Keely Kinley On September 19, 2019, the Ontario Court of Appeal dismissed the City of Toronto’s legal challenge against the Province of Ontario for making unilateral changes to the size and structure of Toronto’s city council midway through last year’s municipal election period (Toronto (City) v. Ontario (Attorney General), 2019 ONCA 732). In a … Read More

Substantive equality in sentencing: Interventions in R v Morris and R v Sharma

By Teodora Pasca This fall, the Asper Centre is intervening in two cases before the Ontario Court of Appeal (ONCA) whose outcomes could significantly impact the province’s approach to sentencing marginalized people. In R v Morris, the ONCA will consider the appropriate manner in which systemic factors should shape the sentencing framework for Black Canadians. … Read More

The Constitutionality of the Proposed Federal Conversion Therapy Ban  

by Jeffrey Wang On June 21, 2019, the Federal government announced its intentions to criminalize conversion therapy in a letter to provincial premiers. While this is undoubtedly a positive step for LGBT+ rights, the constitutionality of this ban has been questioned.   Conversion Therapy   Conversion therapy can be defined as any practice that claims to change a person’s sexual orientation or gender identity/expression. The … Read More

The Constitutional validity of separate school funding

by Jeffrey Wang On April 20th, 2017, Justice Layh of the Saskatchewan Queen’s Bench released the decision of Good Spirit School Division No. 204 v. Christ the Teacher Roman Catholic Separate School Division No. 212, ruling that public funding for non-Catholic students to attend Catholic schools is unconstitutional. In other words, this decision means that non-Catholic students can no longer attend Catholic … Read More