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Commentary

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

An Introduction to the Duty to Consult

by Annie Chan Arising from the Honour of the Crown, the duty to consult is a central tool in the protection of Aboriginal rights and the promotion of Crown-Indigenous reconciliation in Canada. As summarized by Professor Kerry Wilkins, adjunct professor at the University of Toronto Faculty of Law, the “Crown has a duty to consult … Read More

Asper Centre Intervention Influences SCC on Suspended Declarations

by Jeffrey Wang The Supreme Court of Canada (SCC) recently released the decision of ON (Attorney General) v G. This case challenged the constitutionality of Christopher’s Law, an Ontario law that allowed some offenders who were convicted of sexual offences to be removed from the federal and provincial sex offender registries after 10 years. Christopher’s … Read More

Examining the Constitutional Concerns of Urbanization and Megacities

By Julia Nowicki “Urban agglomeration is amongst the most burning policy challenges of the twenty-first century”, says Ran Hirschl, professor of political science and law and fellow of the Royal Society of Canada. “The continued silence of constitutional thought and constitutional scholarship on the issue of cities, urbanization, is just striking.” On Thursday, November 12th, … Read More