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Articles on Supreme Court of Canada

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The Supreme Court of Canada ordered the federal government back to the drawing board on its Impact Assessment Act. But the legislation got a lot of things right in an era of climate change and related issues. THE CANADIAN PRESS/Sean Kilpatrick

Canada’s Impact Assessment Act must be both Constitutional and ensure a sustainable future

The Supreme Court of Canada has ruled that the federal Impact Assessment Act needs amendments for Constitutional compliance, but the court’s recommended approach is no longer viable.
The Supreme Court of Canada is pictured in Ottawa in September 2022. THE CANADIAN PRESS/Sean Kilpatrick

Justin Trudeau is leaving his stamp on the Supreme Court of Canada

In the decades to come, Canada’s Supreme Court will undoubtedly issue rulings related to climate change, Indigenous Peoples and other critical issues. Justin Trudeau’s legacy will be evident.
The federal Impact Assessment Act, which seeks to minimize the environmental impacts of major economic projects, is at the centre of a dispute over whether it intrudes into provincial jurisdiction over natural resources development. THE CANADIAN PRESS/Jeff McIntosh

How a Supreme Court case could decide the future of Canadian climate policy

Canada’s federal Impact Assessment Act seeks to minimize the environmental impacts of major economic projects. Will the Supreme Court uphold the act?
Ontario Premier Doug Ford speaks during a news conference, as Education Minister Stephen Lecce looks on in Toronto on Nov. 7, 2022. Ontario has repealed legislation that imposed a contract on 55,000 education workers and invoked the notwithstanding clause. THE CANADIAN PRESS/Nathan Denette

Preventing use of the notwithstanding clause is a bad idea — and unnecessary

A Supreme Court reference on the notwithstanding clause could look beyond the highly polarized reactions to any particular law and get at the heart of the issue.
Minister of Justice David Lametti participates in an Ottawa news conference in June 2022 on proposed amendments to the Criminal Code in response to a Supreme Court of Canada decision involving a defence of extreme intoxication. THE CANADIAN PRESS/Justin Tang

What Parliament refused to hear about Canada’s new extreme intoxication law

More than a dozen women’s organizations pleaded with the federal government to slow down and treat their concerns seriously about Bill C-28. It didn’t listen.
Supreme Court of Canada Chief Justice Richard Wagner waits to pose for a group photo with other members of the Supreme Court on the steps of the building following a welcoming ceremony for Judge Mahmud Jamal in October 2021 in Ottawa. THE CANADIAN PRESS/Adrian Wyld

Why Canada’s Supreme Court isn’t likely to go rogue like its U.S. counterpart

Decision-making in the Canadian Supreme Court appears to be more fundamentally rooted in the law, not politics, than it is in the United States. Here’s why.
People take part in the March for Life on Parliament Hill in Ottawa in May 2022. THE CANADIAN PRESS/Patrick Doyle

Could a Roe v. Wade-style reversal of abortion rights happen in Canada?

Differing U.S. and Canadian political and judicial systems offer Canada protections against outlawing abortion here. But there’s still a lot of work to be done to ensure reproductive justice.
Conservative Leader Erin O’Toole speaks to the media in Fredericton, N.B. THE CANADIAN PRESS/Ryan Remiorz

Erin O'Toole’s abortion stance serves neither physicians nor women

Legislating a woman’s right to timely access to abortions, rather than simply ensuring she’s not punished for having one, is the first step to striking the balance between physician and women’s rights.
Ontario Premier Doug Ford walks to his office in June 2020 as legislators debated the government’s legislation that enabled it to invoke the notwithstanding clause. THE CANADIAN PRESS/Chris Young

Notwithstanding the notwithstanding clause, the Charter is everyone’s business

By paying greater attention to the originally intended application of the Canadian Constitution’s notwithstanding clause, along with the diversity of lawmakers in Canada, there’s a better path forward.
Tulips bloom outside the Supreme Court of Canada in Ottawa. THE CANADIAN PRESS/Sean Kilpatrick

Bilingualism and diversity: The Supreme Court can — and should — have both

Pitting the representation of historically marginalized groups on the Supreme Court against another constitutionally protected minority — Canada’s francophones — is a misguided race to the bottom.
The Supreme Court of Canada rejected the request to strike down national carbon pricing. The plan is key to reaching net-zero emissions by 2050. THE CANADIAN PRESS/Adrian Wyld

What the Supreme Court ruling on national carbon pricing means for the fight against climate change

In its decision, the Supreme Court of Canada recognized the gravity of climate change and upheld the idea that Parliament has the authority to act on matters of “peace, order and good government.”
The Supreme Court of Canada’s recent decision has put a halt to any legal claims that there’s no difference between corporations and people. THE CANADIAN PRESS/Adrian Wyld

Supreme Court dismisses company’s cruel and unusual punishment claim

The Supreme Court of Canada’s recent ruling against a company that claimed a fine against it constituted cruel and unusual punishment will quell fears of weakening corporate law.
The COVID-19 pandemic has meant that courtrooms have been forced to become virtual, but is the long-term adoption of technology a threat to justice? (Shutterstock)

Guilty or innocent? In virtual courtrooms, the absence of non-verbal cues may threaten justice

The coronavirus pandemic has forced courtroom proceedings online, and what is now missing are most of the non-verbal cues used to determine whether or not those taking the stand are being truthful.
Canada doesn’t extradite people to countries with the death penalty. But there are other ways to put those accused of crimes at serious risk. (Erika Wittlieb/Pixabay)

Is Canada helping other countries kill people?

Canadians should know more about how our government co-operates with other countries in criminal cases. Are we unwittingly risking the lives or rights of those accused of crimes?
The statue of Veritas (Truth) is pictured in front of the Supreme Court of Canada in Ottawa in May 2018. THE CANADIAN PRESS/Sean Kilpatrick

Supreme Court: Can a corporation be subjected to cruel and unusual punishment?

A Québec company is asking for a Charter right usually reserved for people. There could be unintended consequences if it wins its challenge to the Supreme Court of Canada.
Prime Minister Justin Trudeau holds a news conference in Ottawa to respond to allegations his office pressured former attorney general Jody Wilson-Raybould in the SNC-Lavalin affair. THE CANADIAN PRESS/Fred Chartrand

SNC-Lavalin & the need for fresh thinking around independence and interference

The prospect of political interference is at the heart of the SNC-Lavalin controversy. But it raises more issues related to identifying and preventing inappropriate interference.

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