Section 12 and Declining Public Confidence in the Justice System
Gordon Lee, 3L
The Supreme Court of Canada often makes claims about public opinion, but how accurate are these claims really? Gordon Lee argues that the Supreme Court's claims about public opinion are in fact made without evidence, with potential harm to the public perception of the integrity of the justice system.
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A Poisonous Book: Obscenity Law and the Mythos of Influence
Caeleb Goff, 2L, Volume 81 Executive Editor of Forum Conveniens
Censorship of perceived obscenity is an increasingly prevalent phenomenon in North America. In the latest Forum Conveniens blog post, UofT 2L Caeleb Goff places this trend within its historical origins, dating back to the application of obscenity laws to the works of Oscar Wilde.
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Questioning Precedent: A Critique of Constitutional Stare Decisis at the Supreme Court of Canada
Sterling Mancuso, 3L, Volume 81 Executive Editor of Forum Conveniens
Every Canadian law student knows that judges are supposed to follow precedent. But why? Executive Forum Editor Sterling Mancuso makes the case for abandoning the doctrine of precedent in constitutional adjudication at the Supreme Court of Canada
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R v Chow: REOPening the Privacy Debate
Jerry Zhu, 3L, Senior Editor
In R v Chow, the Ontario Court of Appeal had to determine whether an Airbnb owner could reasonably expect Charter privacy protections while the unit was being rented out. Jerry Zhu examines the decision’s uncertain implications for property owners’ constitutional privacy rights moving forward.
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Ahluwhalia and an Unnecessary New Tort? The Divorce Act, Family Violence, and Spousal Support
Anastasia Jones, 3L, Volume 81 Senior Editor
Ontario courts recently recognized the new tort of family violence. This tort is intended to remedy the harms of a collapsed, abusive marriage. But is this judge-made tort really necessary? Senior Editor Anastasia Jones argues that amendments to the Divorce Act would better achieve the goals of remedying violence in a family contexts.
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Judicial Activism and its Harms: The Supreme Court’s Flawed Interpretation of Section 7
Gordon Lee, 3L
Has Canada's Supreme Court stepped too far into a legislative role in its approach to section 7 of the Charter? Gordon Lee makes the case in the latest blog post on Forum Conveniens.
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R v Bissonnette: Uncompromising on Charter Values and Public Safety
Lauren Teixeira, 3L, Senior Editor
In R v Bissonnette, the Supreme Court of Canada held that sentencing offenders to serve consecutive parole ineligibility periods is unconstitutional. This outcome of case, borne out of the horrific Montreal Mosque shooting, dismayed both politicians and the public. Lauren Teixeira argues that these fears are misplaced.
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Cambie Surgeries and the Persistent Problem of Healthcare Wait Times
Jack Olson, 3L, Volume 81 Senior Editor
The heavily discussed British Columbia Court of Appeal judgment in Cambie Surgeries poses a formidable challenge to Canada’s famed public healthcare system. Senior Editor Jack Olson explores how precedents may temper the Supreme Court of Canada’s approach to this issue if the case is appealed.
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A Meaningful Choice: Modifying the Confessions Rule in R v Tessier
Rebecca Rosenberg, 3L, Volume 81 Senior Editor
When do we want citizens to know and apply their rights? In the aftermath of the Supreme Court’s decision in R v Tessier, Senior Editor Rebecca Rosenberg discusses the implications of the ruling for individuals who are questioned by police in the course of an investigation.
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Doubling Down on Inconsistency: R v JJ and the Principle Against Overbroad Laws
Sterling Mancuso, 3L, Executive Editor of Forum Conveniens
In R v JJ, the Supreme Court of Canada once again applies the principle against overbroad laws. Executive Forum Editor Sterling Mancuso argues that this case continues a decades-long pattern of inconsistent application of the doctrine.
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Merck Canada c. Procureur general du Canada: Under the Guise of Patents
Rebecca Rosenberg, 3L, Volume 81 Senior Editor
Is the federal government constitutionally permitted to regulate prices of patented medicines? Senior Editor Rebecca Rosenberg argues that the Québec Court of Appeal got this question wrong in Merck Canada Inc. c. Procureur general du Canada.
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Reasonable Expectation of Privacy and Police Surveillance in Ontario: R v Aubrey Takes a Step in the Right Direction
Isablle Savoie, 3L, UTFLR Editor-in-Chief
Does section 8 of the Charter extend to video surveillance of your front yard? R v Aubrey, 2022 ONSC indicates that Ontario courts are willing to push back on law enforcement and recognize a citizen’s reasonable expectation of privacy on their property – even when its visible to the general public.
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Wage Suppression Legislation for Ontario Nurses: An Initial Look at the Constitutionality of Bill 124
Katy Beeson, 2L, Volume 80 Articles Editor
The Ontario Nurses’ Association has announced its intention to file a Charter challenge in response to Bill 124. Articles Editor Katy Beeson examines the constitutionality of Bill 124 and whether the Bill violates freedom of expression under s. 2(b) of the Charter, the right to substantive equality for women under s. 15(1), and freedom of association under s. 2(d).
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Liberty vs. Equality: Defining the Limits of Free Expression in Ward v Quebec
David Côté, 2L, Volume 80 Senior Associate Editor
In Ward v Quebec, a case about the clash between liberty and equality, Senior Associate Editor David Côté considers the differing approaches of majority and dissenting opinions.
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Does One Size Fit All? Navigating Reasonable Limits in Pandemic Charter Litigation
Myim Bakan Kline, 3L, Senior Editor
In the last few years, legislative and administrative responses to the COVID-19 pandemic, have led to a number of allegations that these measures infringed Charter rights. Senior Editor Myim Bakan Kline examines two such cases, and considers which standard of review courts should apply in future pandemic-related Charter cases.
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Bidding on Jurisdiction: Can the Federal Government Ban Blind Bidding?
Sterling Mancuso, 2L, Volume 80 Senior Forum Editor
Can Parliament criminalize “blind bidding” in the Canadian housing market, under the Constitutional division of powers? Senior Forum Editor Sterling Mancuso discusses.
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Fraser v Canada: Clarifying the Section 15(1) Framework
Saambavi Mano, 3L, Volume 79 Senior Editor
What does Fraser v Canada's clarification of adverse effects sex discrimination under s. 15 mean for Canadian law? Senior Editor Saambavi Mano considers the positives, negatives, and missed opportunities of the decision.
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“A Bulwark Against Assimilation:” the Supreme Court’s Decision in Conseil scolaire francophone de la Colombie‑Britannique v British Columbia
Lauren Scott, 3L, Volume 79 Executive Editor
Executive Editor Lauren Scott argues that the Supreme Court of Canada’s decision in CSF represented its “powerful commitment” to the minority language educational rights under s. 23 of the Charter.
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City of Toronto v Ontario: The Gap in Constitutional Protection for Municipal Elections
Spence Colburn, 3L, Volume 78 Editor-in-Chief
The Ontario Court of Appeal narrowly upholds the reduction in Toronto city wards, but how might the Charter extend protections to municipalities more generally? Editor-in-Chief Spence Colburn considers whether cities are indeed a distressing “constitutional hole” in Canada’s democracy.
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