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Legislation

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

Bill C-59: The Good, the Bad, and Where We’re At

By Patrick Enright When Bill C – 51, the Federal Government’s revised Anti-Terrorism Act, was pushed through Parliament following the attacks on Parliament Hill in 2015, the reaction from the public and civil liberties societies was swift. The Canadian Civil Liberties Association challenged key provisions of the Act under the Charter, and Professors Roach and … Read More

A Quick Comparison: The Recent Solitary Confinement Rulings by BCCA and ONCA

By Ryan Howes The British Columbia Court of Appeal (BCCA) and the Ontario Court of Appeal (ONCA) have both recently ruled that the current correctional practice of administrative segregation (or solitary confinement) is unconstitutional. Both ruled the impugned provisions of the Corrections and Conditional Release Act (CCRA) are invalid pursuant s. 52 (1) of the … Read More

Evaluating Ontario’s Proposed Police Legislation

By Sarah Strban   A (Slightly) Safer Ontario On November 2nd, the Ontario Legislature tabled an omnibus bill that comprehensively overhauls the province’s police oversight system. Bill 175, The Safer Ontario Act, is intended to resolve many of the oversight issues raised by Justice Michael Tulloch in his April report. Among them, the Bill clarifies … Read More

Recapping the Panel Discussion on the upcoming Trinity Western University Appeals

by Ryan Howes On November 30 and December 1, the Supreme Court of Canada (SCC) will hear arguments in the Trinity Western University (TWU) appeals. The question: Can the law societies of Ontario and British Columbia refuse to accredit graduates of the TWU’s proposed law school? The point of contention in this case is TWU’s … Read More