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Supreme Court of Canada

The Positives of Campaigning: City of Toronto and Freedom of Expression at the Supreme Court

by Bailey Fox Introduction On October 1, 2021, the Supreme Court of Canada (SCC) released its decision in Toronto (City) v Ontario (Attorney General), 2021 SCC 34 [City of Toronto]. In the 5-4 decision, the Supreme Court held that the legislation that reduced the size of Toronto City Council during an ongoing municipal election did … Read More

News Statement: Toronto (City) v Ontario (Attorney General)

In a deeply divided 5 to 4 decision released today, the Supreme Court of Canada upheld the Better Local Government Act, 2018 as constitutional. This legislation was enacted by the newly elected Ford government in 2018, midway through an ongoing municipal election. The legislation reduced the number of wards of Toronto City Council from 47 … Read More

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

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

Remembering Joseph Arvay

The David Asper Centre for Constitutional Rights joins the constitutional law community in mourning the death of Joseph Arvay, O.C., O.B.C., Q.C. Joe Arvay offered his time to the Centre as our first constitutional litigator in residence. Indeed he was the inspiration for the continuing role that has been incorporated into our teaching and advocacy. … Read More