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SEVEN/FIFTY
The Centre for Constitutional Studies Blog
A hub for current constitutional dialogue and commentary in Canada and beyond
Recent Posts


Evaluating Recent Changes to Canada's Bail Laws: An Interview with Dr. Nicole Myers
In this expert Q&A, 2026 CCS Summer Student Kiera Fischer talks to Professor Nicole Myers (Queen's University, Department of Sociology) about recent efforts at bail reform in Canada, including the recently enacted Bail and Sentencing Reform Act. Q. Bill C-14, the Bail and Sentencing Reform Act, has recently made some considerable changes to bail laws in Canada. Can you describe what key changes have been made? A. I would say that there are two components that we really want t
Kiera Fisher
2 days ago11 min read


How Did We Get to a Referendum Question on Separation? Mapping the Legal Journey of the Citizen Initiative Petitions in Alberta
This article serves as Part I of an explainer on the legal developments surrounding the various Alberta separatism petitions that have dominated headlines in recent months. Part I covers the timeline of Mr. Sylvestre’s petitions, the Forever Canadian Petition, and the relevant amendments that have been made to the law governing citizen petitions in Alberta, the Citizen Initiative Act. Subsequently, Parts II and III will dissect Justice Leonard’s May 13, 2026, decision in Atha
Kiera Fisher
Aug 2713 min read


A Letter in the Law: Reconciling the Text and Purpose of Section 33
Introduction To date, the prevailing authority on the interpretation of section 33 is the Supreme Court of Canada (“SCC”)’s 1988 judgment in Ford v Quebec (Attorney General),[1] which determined that valid invocation of section 33 by a legislature establishes requirements of form only, with no further substantive limitations on how the clause can be used to override fundamental rights.[2] In anticipation of the SCC’s upcoming reconsideration of section 33 in the English Montr

Reid LeClair
Jul 288 min read


Proposed Referendum Question on Alberta Independence Found Unlawful in Chief Electoral Officer of Alberta v Sylvestre
It looks increasingly likely that Albertans will be voting on whether to separate from Canada this year. This vote would not only pose an existential challenge to the entire country, but has also been found to contravene certain constitutional rights by Justice Colin Feasby (Alberta Court of King’s Bench) in Chief Electoral Officer of Alberta v Sylvestre . [1] The effect of this ruling has been limited, however, by Alberta’s Justice Statutes Amendment Act, 2025 (“Bill 14”),

Anjali Choudhary
Apr 99 min read


“Matriating” the Constitution: A Historical Overview of Section 28 of the Charter in the Lead-Up to Bill 21’s Appeal Before the Supreme Court of Canada
Next week, the Supreme Court of Canada (“SCC”) will spend four days on a landmark hearing on the constitutionality of Quebec’s controversial Bill 21. [1] Enacted in 2019, Bill 21 — formally known as An Act respecting the laicity of the state [2] — seeks to enforce secularism in the province by targeting the wearing of religious symbols in the public sphere. The law requires certain civil servants — lawyers, police officers, and public school teachers among them — to remove r

Kira Davidson
Mar 1916 min read


Allegiance, Compulsion, and the Charter: Why Wirring v Law Society of Alberta Matters
On December 16, 2025, the Alberta Court of Appeal did something no Canadian appellate court has done before: it struck down a statutory oath of allegiance requirement for admission to the bar as unconstitutional. In Wirring v Law Society of Alberta , the Court held that Alberta’s requirement that aspiring lawyers swear an oath of allegiance to the Crown infringes freedom of religion under section 2(a) of the Charter of Rights and Freedoms (“ Charter ”) and cannot be justif

Daniel Lincoln
Mar 168 min read


A Provincial Role in Judicial Appointments: Turning a Reasonable Request into a Poison Pill?
Late last month Alberta Premier Danielle Smith sent Prime Minister Mark Carney a letter, made public in the first week of February, seeking a role for the Alberta government in the selection of federally-appointed judges. [1] This is a reasonable request. Indeed, my understanding is that it has generally been common practice for the federal Justice Minister to seek the opinion of their provincial counterpart from the province for which they would be appointing a judge (as we

Ian Peach
Feb 247 min read


Understanding Quebec v Senneville, Part III: Interview with Emmett Macfarlane
This is the third in a series of three expert interviews on the Supreme Court of Canada’s recent judgment in Quebec v Senneville — a judgment that elicited a great deal of public attention and controversy when it was released in October 2025. In Senneville , the Supreme Court struck down two mandatory minimum sentencing provisions relating to possession and accessing of child pornography, ruling that these sentences violated section 12 of the Canadian Charter of Rights and

Kira Davidson
Feb 196 min read


The Legal Effect of Section 33: What the Court Got Right and Wrong in World Sikh Organization v Attorney General of Quebec
Quebec’s Act respecting the laicity of the State (“Bill 21”) prohibits certain public sector employees from wearing religious symbols while performing their duties, [1] prohibits certain public sector employees from delivering public services while wearing facial coverings, and prevents individuals accessing certain public services from doing so with their faces covered. [2] The impact of these prohibitions, which clearly limit the religious freedom that is guaranteed by s

Nicole Ibalio
Feb 1711 min read


Understanding Quebec v Senneville, Part II: Interview with Steven Penney
This is the second in a series of three expert interviews on the Supreme Court of Canada’s recent judgment in Quebec v Senneville — a judgment that elicited a great deal of public attention and controversy when it was released in October 2025. In Senneville , the Supreme Court struck down two mandatory minimum sentencing provisions relating to possession and accessing of child pornography, ruling that these sentences violated section 12 of the Canadian Charter of Rights and

Kira Davidson
Feb 129 min read
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Part I: “How Many MRIs Does the Constitution Require?” The Complicated Question of a Right to Health Care in Canada
Is there a constitutional right to health care in Canada? Well… it’s complicated. On its face, the Supreme Court has been fairly clear: there’s no broad, guaranteed right to health care under the Charter of Rights and Freedoms . [1] This can seem surprising, especially since Canada’s universal health care system is widely regarded as a core part of the country’s identity. But the issue isn’t off the table entirely and at the heart of this debate is a key distinction: positiv

Areeba Ismail
Nov 20, 20258 min read


“Can They? Must They? Should They?” — Three Questions to Answer about the UCP's Use of the Notwithstanding Clause
When governments reach for the notwithstanding clause, three questions often get blurred together. Can they? Must they? Should they? These questions are related, but each demands a different kind of answer. “Can they” is a constitutional question about legal authority: does the Charter permit this move? “Must they” is a question about necessity: were there viable alternatives that could have addressed the problem without overriding rights? “Should they” is a normative questi

Jared Wesley
Oct 31, 20256 min read


"Mirror Show Me, What's the Difference?" — Constitutional Amendment and the Notwithstanding Clause
Back in 2019, I published a paper called The Notwithstanding Clause and the New Populism , in which I argued that the ongoing justifiability of the notwithstanding clause was contingent on aspects of Canada’s political culture that were at risk of erosion. On the way to this conclusion, I dismissed defences of the notwithstanding clause couched in terms of legislative supremacy, arguing, in part, that such defences create a tension between the notwithstanding clause and the a

Richard Mailey
Oct 17, 20259 min read


The Potential Power of Section 36 of the Constitution Act, 1982
On Thursday, October 2, the Centre for Constitutional Studies hosted a talk by Andrew Stobo Sniderman on the inadequacy of public services on First Nations reserves and the possibility that section 36 of the Constitution Act, 1982 could be used to challenge that inadequacy. [1] The background to Sniderman’s talk is that Canadian law has created a serious conundrum for First Nations individuals. Given the under-funding of on-reserve services, many decide that it is better

Ian Peach
Oct 17, 20255 min read


Miller II, Part II? The Legal Challenge to Trudeau’s Prorogation
by Vanessa MacDonnell. Originally published on Verfassungsblog on January 10, 2025, and later on Clause-by-Clause . Earlier this week, Canadian Prime Minister Justin Trudeau held a press conference to announce that he would resign as Prime Minister once a new Liberal leader was selected. He also revealed that he had advised the Governor General to prorogue Parliament and that she had granted the request, with Parliament set to return on March 24. The announcement ended months
ccsedu
Feb 5, 20258 min read


The Case For and Against Section 2(b) in Decampment Litigation (Part II)
November 21, 2024 The Case FOR Section 2(b) in Decampment Litigation This article investigates the possibility of using section 2(b) of the Charter of Rights and Freedoms , [1] which protects the freedom of expression, to challenge decampment policies: those which displace unhoused people sheltering in encampments. Part I explored section 2(b)’s limitations in this context, which may include inappropriately blaming unhoused people for systemic barriers, framing life-threat

Krystin Hoffart
Nov 21, 202412 min read


The Case For and Against Section 2(b) in Decampment Litigation (Part I)
November 14, 2024 The Case AGAINST Section 2(b) in Decampment Litigation Encampments have been a hot-button issue in 2024. Tents have been erected as part of pro-Palestinian demonstrations at over 15 Canadian university campuses, [1] and have in some cases been forcibly removed by authorities. [2] Municipalities have also cracked down on encampments constructed by unhoused persons, [3] and lawsuits regarding decampment policies — those which displace unhoused people shel

Krystin Hoffart
Nov 14, 20247 min read


More Power to the Courts
by Philippe Lagassé . Originally published on In Defence o f Westmins ter on the day the SCC released its judgment in Canada (AG) v Power...
ccsedu
Oct 31, 202413 min read


Climate Change, the Charter of Rights, and "Positive vs Negative Rights"
by Emmett Macfarlane. Originally published on Declarations of Invalidity. October 22, 2024 The Ontario Court of Appeal released its...
ccsedu
Oct 22, 20246 min read


Law Profs, Open Letters, and the Notwithstanding Clause
by Sarah Burningham, Assistant Professor College of Law, University of Saskatchewan May 27, 2024 After a period of dormancy, usage of the...
ccsedu
May 27, 20247 min read
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