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Supreme Court of Canada

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

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

Fraser v. Canada: What’s the Point of S. 15?

by Jeffrey Wang On October 16th, 2020, the Supreme Court of Canada released the landmark decision of Fraser v Canada, clarifying how adverse effect discrimination fits into the s. 15 framework. Adverse effect discrimination can be defined as when a facially neutral law has a disproportionate impact on members of a group. This is distinct … Read More

R v Chouhan: The Constitutionality of Abolishing Peremptory Challenges

by Annie Chan The Asper Centre recently intervened in R v Chouhan, a case before the Supreme Court of Canada (SCC) whose outcome has fundamental implications on the process of jury selection in criminal trials. Background For 150 years, two types of challenges were permitted in jury selection in a criminal trial: (1) peremptory challenges, … Read More