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Commentary

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

Supreme Court of Canada Affirms Asper Centre’s Position on Charter Damages 

The Supreme Court of Canada heard this appeal in Treaty One Territory (Winnipeg, Manitoba). This was the Court’s first time sitting outside of Ottawa.  by Amy Chen On June 12, 2020, the Supreme Court of Canada released its judgment on Conseil scolaire francophone de la Colombie-Britannique v. British Columbia. The primary issue was whether the … Read More

Ontario Court of Appeal Rules G20 Protester’s Rights Violated by Police

  Ten years after Toronto hosted the G20 summit, a civil suit launched against the Toronto police has finally been resolved by the Ontario Court of Appeal. The decision—Stewart v. Toronto (Police Services Board)—represents a strong affirmation of the constitutional right to protest, especially in public spaces like parks. The case arose out of the … Read More