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Supreme Court of Canada

Courts Without Cases: The Law and Politics of Advisory Opinions

By Kylie de Chastelain The Asper Centre recently hosted Professor Carissima Mathen, author of Courts Without Cases: The Law and Politics of Advisory Opinions (2019), for a dynamic Constitutional Roundtable about her new book, with Professor Lorraine Weinrib as discussant. Professor Mathen’s book, described by Professor Weinrib as a “milestone” in Canadian Constitutional writing, explores … Read More

Freedom of expression in an election context: A purposive approach

by Keely Kinley On September 19, 2019, the Ontario Court of Appeal dismissed the City of Toronto’s legal challenge against the Province of Ontario for making unilateral changes to the size and structure of Toronto’s city council midway through last year’s municipal election period (Toronto (City) v. Ontario (Attorney General), 2019 ONCA 732). In a … Read More

Trial by military: Spotlight on R v Beaudry

by Teodora Pasca Years ago, Corporal R. P. Beaudry was charged with sexual assault causing bodily harm, an offence under s 272 of the Criminal Code carrying a maximum penalty of 14 years’ imprisonment. Beaudry, a member of the Canadian Armed Forces, requested a jury trial. And because he was a member of the Forces, his request was denied.    … Read More

R v Bird: Do Not “Breach First, Challenge Later”

by Sahil Kesar Spencer Bird (“Bird”), a long-term offender, was charged with breaching the conditions of a community supervision order prescribed by the Parole Board. At the criminal proceeding, he sought to use the defence that the order which imposed his parole conditions was unconstitutional as they violated Section 7 of the Charter. He argued … Read More

Frank v Canada: Contrasting the Section 1 Analyses

By: Sahil Kesar and Jasmit De Saffel On January 11, 2019 the Supreme Court issued its decision on the constitutional challenge to provisions of the Canada Elections Act detailing residence requirements for voting in federal elections. The provisions in question denied the right to vote in federal elections to Canadian citizens residing abroad for five consecutive … Read More