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Commentary

R v Chouhan: The Supreme Court of Canada finds room for disagreement

  By Wei Yang On June 25, 2021, the Supreme Court of Canada (SCC) released its reasons for judgement in R v Chouhan,1 a case that the Asper Centre intervened in last year. Background Mr Chouhan was charged with first-degree murder and was thus entitled to a trial by jury. His trial date was scheduled for … Read More

Meet Jonathan Rudin, the Asper Centre’s New Constitutional Litigator-in-Residence

  By Leila Far Soares  Jonathan Rudin, program director at Aboriginal Legal Services and experienced litigator, will be co-teaching the Asper Centre’s Clinic course as the new Constitutional Litigator-in-Residence for Fall 2021. Mr. Rudin has written widely and spoken passionately on the topic of aboriginal justice and has advocated countless cases before all-levels of Canadian … Read More

In Their Memory The Calls to Action Must Be Fulfilled

  71) We call upon all chief coroners and provincial vital statistics agencies that have not provided to the Truth and Reconciliation Commission of Canada their records on the deaths of Aboriginal children in the care of residential school authorities to make these documents available to the National Centre for Truth and Reconciliation. 72) We … Read More

SCC’s Reference re GGPPA Decision: an important milestone, but still a long road to travel

by Cameron Somerville On March 25th, 2021, the Supreme Court of Canada (SCC) upheld as constitutional the federal Greenhouse Gas Pollution Pricing Act (GGPPA), which sets a benchmark for pricing greenhouse gas (GHG) emissions across the country. In a 6-3 decision, the SCC established that the federal government has jurisdiction to apply the GGPPA under … Read More

How should judges consider anti-Black racism in sentencing? Asper Centre intervenes in R v Morris

by Teodora Pasca On February 11, 2021, the Court of Appeal for Ontario heard oral arguments in R v Morris, the long-anticipated appeal that is expected to determine how systemic anti-Black racism should factor into sentencing determinations. The Asper Centre intervened in R v Morris with the assistance of counsel Nader Hasan of Stockwoods LLP … Read More