The Smith Referenda In October
Albertans face a daunting prospect on October 19 - not one, but 10 referendum questions that they will vote on. On the agenda are a passel of manufactured issues ranging…
Canadian Charter of Rights and Freedoms
No, The SCC Won’t Rule Along The Lines Alberta Wants
I've seen a few people arguing that the Supreme Court of Canada (SCC) is obliged to rule in favour of the Provinces like Alberta (the ones that want to use…
Novel Arguments For Challenging Anti-Transgender Laws In Canada
Since Alberta has decided to make itself the beachhead in bringing an "American-Style" attack on transgender people through legislation that is largely unconstitutional in Canada unless the province invokes The…
The SCC Ruling On Quebec’s Secularism Law Will Be More Profound Than You Think
We've had a few weeks now since the hearings at the Supreme Court of Canada (SCC) in the matter of Montreal English School Board, et al v. Quebec Attorney General,…
A Rant About Media Coverage of SCC Hearings
I want to take a moment to express my disappointment in Canada's media and how they have chosen to cover this week's hearings at the Supreme Court of Canada (SCC)…
On "Novel" Readings Of The Constitution
One of the loudest criticisms of the Federal Attorney General's submission in English Montreal School Board, et al v. Quebec Attorney General is that it relies on "novel" interpretations of…
Supreme Court Hearings on Quebec Bill 21
The Supreme Court of Canada (SCC) is holding hearings in the matter English Montreal School Board, et al. v. Attorney General of Quebec, et al. Before you yawn and walk…
Unjust Laws and Restricting Rights Unnecessarily
Alberta has already begun restricting transgender rights, and in the wake of the shooting in Tumbler Ridge this week, I fully expect that the UCP government will move to further…
So, Queen Dani Doesn’t Like Courts?
In a year-end interview, Premier Smith of Alberta complained that "judges aren't accountable", and elected politicians are. Like everything else that comes out of today's conservative politicians, this is 1…
We Are In A Constitutional Crisis
We Are In A Constitutional CrisisLots of people are arguing that if the Supreme Court of Canada (SCC) rules to restrict the Notwithstanding Clause (S33) or the Governor General dusts…
Danielle Smith Just Forced Detransition On Trans Youth In Alberta
Last night, the UCP slammed down the Notwithstanding Clause to bolster its anti-transgender legislation.I'm not going to spend my time talking about my objections to Bill 9 and Bills 26,…
The Charter Is Far More Complex Than This
So, over at Macleans, we have an opinion writer who thinks the Notwithstanding Clause (S33) is a "Good Thing". The author largely is making the argument that "too much power…
Reserve Powers, The Notwithstanding Clause, and Unjust Laws
Since the Smith-led UCP government in Alberta saw fit to invoke The Notwithstanding Clause (S33) of The Charter of Rights and Freedoms (The Charter) to order teachers back to work…
Dear Conservative Premiers: The Charter Isn’t Up For Shredding
So the 5 conservative premiers have sent a letter to Carney demanding that the Attorney General of Canada (AGC) withdraw its filing with the Supreme Court of Canada (SCC) regarding…
Of Parliamentary Sovereignty and Notwithstanding Clauses
Something that has been bugging me ever since various conservatives started yammering about (ab)using the Notwithstanding Clause (S33) in the Charter has been the phrase "Parliamentary Sovereignty". Neither The Constitution…
Of Structure, Hierarchy, and Balance of Power
In the submission of the Attorney General of Alberta (AGA) to the Supreme Court of Canada (SCC) in English Montreal School Board, et al. v. Attorney General of Quebec, et…
Deep Dive: Intervenor Arguments Regarding S33
With some 60 or more intervenors in English Montreal School Board, et al. v. Attorney General of Quebec, et al. before the Supreme Court of Canada (SCC), there is a…
An Argument For Limiting S33 Of The Charter
S33 (The Notwithstanding Clause) of the Canadian Charter of Rights and Freedoms (The Charter) is a "nuclear weapon" that can be used to override the guarantees in the rest of…
About Free Speech and That Nurse In BC
So, apparently Pierre Poilievre thinks that a certain nurse's comments about transgender people are an example of "free speech and free thought". Let's talk about that for a moment. Ms.…
About Free Speech and That Nurse In BC
So, apparently Pierre Poilievre thinks that a certain nurse's comments about transgender people are an example of "free speech and free thought". Let's talk about that for a moment. Ms.…