Skip to content

Commentary

Supreme Court of Newfoundland and Labrador dismisses Constitutional Challenge to Travel Restriction

by Ainslie Pierrynowski Does a provincial government have the authority to restrict interprovincial travel? Can limitations on mobility rights be justified in the name of public health? These timely issues were at the heart of Taylor v Newfoundland and Labrador,[1] a September 17, 2020 decision from the Supreme Court of Newfoundland and Labrador. Background On … Read More

Meet Nader Hasan, the Asper Centre’s New Constitutional Litigator-in-Residence

By Amy Chen Nader Hasan, a partner at Stockwoods LLP and one of Canada’s leading appellate lawyers, will be co-teaching the Asper Centre’s clinic course this fall as the constitutional litigator-in-residence. He graciously sat down with me to discuss his legal education, career history, and hopes for the upcoming term. Mr. Hasan has a long … Read More

COVID-19 Contact Tracing and Uncharted Constitutional Waters

by Amy Chen On July 29, 2020, Lisa Austin, Andrea Slane, Vincent Chiao, and David Lie joined Director Cheryl Milne of the Asper Centre to discuss their collaborative research paper: Test, Trace, and Isolate: COVID-19 and the Canadian Constitution. The paper (also co-authored with Beth Coleman, Martha Shaffer, and François Tanguay-Renaud) reviews the benefits, limitations, … Read More

Young Climate Activists Attempt to Hold Province Accountable for Inadequate Emissions Target

By Amy Chen In late 2019, Ecojustice and Stockwoods LLP initiated a constitutional challenge (“the Application”) against Ontario’s greenhouse gas reduction target on behalf of seven young climate activists (the “Applicants”). Ontario responded with a motion to strike. Mathur et al v Her Majesty the Queen in Right of Ontario was heard via teleconference on … Read More

Supreme Court Upholds Federal Powers to Combat Genetic Discrimination

  Unresolved Fault Lines Appear on the Normative Scope of Criminal Law Powers By Nicholas Buhite On July 10th, 2020, the Supreme Court of Canada released its judgment in Reference re Genetic Non-Discrimination Act (2020 SCC 17), a reference case coming out of the Quebec Court of Appeal. At issue was whether Parliament had constitutional … Read More