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Supreme Court of Canada

Frank v Canada: Contrasting the Section 1 Analyses

By: Sahil Kesar and Jasmit De Saffel On January 11, 2019 the Supreme Court issued its decision on the constitutional challenge to provisions of the Canada Elections Act detailing residence requirements for voting in federal elections. The provisions in question denied the right to vote in federal elections to Canadian citizens residing abroad for five consecutive … Read More

Supreme Court Moves Voting Rights into Globalization Era in Frank Decision

by Jasmit de Saffel In its first decision of the year, the Supreme Court of Canada sided with Canadian ex-pats in a case about their voting rights. Chief Justice Wagner held that “citizenship, not residence, defines our political community and underpins the right to vote” (para 35). Frank v Canada had been initiated by two … Read More

Dunsmuir Revisited: Questioning the Standard of Review

by Catherine Ma Earlier this month, the Supreme Court of Canada heard the appeals in Minister of Citizenship and Immigration v Alexander Vavilov, Bell Canada et al v Attorney General of Canada, and National Football League et al v Attorney General of Canada. The Supreme Court explicitly declared that these cases offered “an opportunity to consider … 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

Selected responses to R v Comeau

By Sara Tatelman Beer remains imprisoned by provincial borders. In 2012, Gerard Comeau of Tracadie, N.B. was fined nearly $300 for bringing 15 cases of beer and three bottles of spirits from Quebec to New Brunswick. His battle against the law behind that fine has finally wound its way up through the courts. Last month, … Read More