What unites all constitutionalists is their commitment to reform within the boundaries set by the Constitution itself, rather than by looking to courts to assume an authority they do not rightly possess, when their preferred legislative reforms fail.
The Supreme Court’s ruling last week preserved the principle that provinces can’t be required to implement federal laws— but that won’t prevent a future government lawyer from trying to argue that the decision gives cover for Ottawa to attempt to ram through future laws.
The time has come for the notwithstanding clause to be used routinely. The Charter gives considerable power to judges, but the courts should be a sober second thought, not the final word.
“I’m familiar with Habermas and Marcuse. I have read them. I just don’t agree with them. It’s a misconception of society.”
We at The Hub thought it would be a good time to ask lawyers and law professors from across the country which impactful Supreme Court cases they will be keeping an eye on in 2024.
The Federal Court's Emergencies Act decision is happy vindication for those who care about the Constitution
Federal use of Emergencies Act against Convoy protestors found illegal
The rule of law prevails in Emergencies Act debacle
To avoid making these kinds of mistakes in the next emergency, we should consider the recommendations made by a panel of experts led by former Reform Party Leader Preston Manning in the recent report prepared for Alberta Premier Danielle Smith.
A study conducted by SecondStreet.org indicates that in 2022–23, a five-year high of 17,032 Canadian patients died while waiting for medical procedures, some of which could have saved lives.
Media executives who once campaigned for the Online News Act with sugar-plum visions of Big Tech cash dancing in their heads were left to deal with some pretty serious lumps of coal.
After weeks of speculation, on November 27, Premier Danielle Smith announced Alberta’s intention to challenge the proposed Clean Electricity Regulations, an ambitious federal climate policy aimed at creating a net-zero electricity grid by 2035.