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.
Academic rigor, journalistic flair
Articles on Supreme Court of Canada
Displaying 1 - 20 of 23 articles
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.
The potential reversal of Roe v. Wade should serve as a stark warning to the power the high courts hold to transform societal conditions.
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.
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.
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.
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 ruling against a company that claimed a fine against it constituted cruel and unusual punishment will quell fears of weakening corporate law.
The message from commercial fishers is that fishing in St. Marys Bay outside the commercial season is illegal and a conservation concern. In fact, it is neither.
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.
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?
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.
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.
Rather than the duty to consult, governments should proactively engage with Indigenous treaties or other locally relevant treaties, agreements, laws and relationships at all stages of law-making.
The headlines suggest the Supreme Court of Canada has ruled against Indigenous consultation. But its recent ruling is much more nuanced and complex than that.
Contrary to what some have suggested, the uncertainty over the Trans Mountain pipeline expansion will be drawn out.
Doug Ford’s wielding of the notwithstanding clause is part of a broader opposition to judicial activism that has developed among right-wing politicians and academics in the post-Charter era.
The Gérard Comeau case was never just about beer. It was essentially about enabling Canada’s domestic economy across the country to thrive. Here’s how the Supreme Court of Canada got it so wrong.
Recent stories in the media highlight the idea of suicide tourism to Switzerland. But what does that mean? How is the Swiss view of assisted dying different from the Canadian one?
Prostitution is now illegal in Canada. Is prostitution harmful and exploitative? Or is sex work a legitimate form of labour?
Top contributors
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Associate Professor, Civil Law Section, Faculty of Law, L’Université d’Ottawa/University of Ottawa
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Director, Agri-Food Analytics Lab, Professor in Food Distribution and Policy, Dalhousie University
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Associate Professor specializing in criminal law, Western University
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Associate Professor, Canada Research Chair, Integrated Ocean and Coastal Governance, Dalhousie University
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Assistant Professor of Law, University of New Brunswick
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PhD researcher in sovereignty and rhetoric, Carleton University
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Adjunct Professor in Administrative Law, York University, Canada
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Adjunct professor, U of T Faculty of Law, University of Toronto
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Assistant Professor (Adjunct), Queen's University, Ontario
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Assistant Professor of Human Geography & City Studies, University of Toronto
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Sessional Instructor, Political Science, University of Guelph
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PhD Candidate in Sociology and Pierre Elliott Trudeau Foundation Scholar, Université de Montréal and Université de Lausanne, Université de Montréal
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Professor, Environmental and Urban Change, York University, Canada
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Docteur en communication, Université de Montréal
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PhD Candidate/Researcher, Political Science, University of Guelph
