Posts in Constitutional Law
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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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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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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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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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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