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Supreme Court of Canada

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

Asper Centre Clinic Student Reflects on Drafting the Bird Intervention Factum

by Becky Lockert This past fall, the Supreme Court of Canada granted the Asper Centre leave to intervene in R v Bird, a case that ties questions of access to justice and constitutionalism to the doctrine of collateral attack. The question at the heart of the case is, from the Asper Centre’s perspective, whether a … Read More

Asper Centre at the Supreme Court of Canada Twice Next Month

  The Asper Centre will be at the Supreme Court of Canada (SCC) as an intervener in two separate cases next month: Gillian Frank v Attorney General of Canada and Spencer Dean Bird v Her Majesty the Queen. First up on March 16, 2018 is our intervention in Bird, an important case about prisoners’ rights in Canada.  In this … Read More

Panel Discussion with TWU Interveners’ Counsel

By Erika Voaklander and Solomon McKenzie At the end of 2017 the Supreme Court of Canada (SCC) heard arguments in the two Trinity Western University (TWU) appeals. The results of the appeals may have wide and deep impacts on the legal profession and on Canada more broadly. On January 18, 2018, the Asper Centre, Out … Read More