SEVEN/FIFTY
The Centre for Constitutional Studies Blog

It is, or at least was, fairly common practice in Canada to require people to take an oath to “be faithful and bear true allegiance to” the Sovereign, his heirs and successors. The single largest group of people who must swear the oath of allegiance are naturalized citizens, of whom I am one. Another fairly numerous group that used to be, and in some provinces still is, required to swear this oath consists of lawyers. It has also been a somewhat common practice for people to

“[C]limate change is an existential challenge. It is a threat of the highest order to the country, and indeed to the world. ... The undisputed existence of a threat to the future of humanity cannot be ignored.” - References re Greenhouse Gas Pollution Pricing Act (2021) [1] In the References re Greenhouse Gas Pollution Pricing Act  (“ GGPPA Reference ”), the Supreme Court of Canada used unequivocal language to characterize the “global climate crisis.” [2]  Their message was

In the weeks before and after it was passed, the Alberta Sovereignty Within a United Canada Act generated a wealth of controversy and debate. While the legislation that we got wasn’t as bold as the version originally proposed in the Free Alberta Strategy , it nonetheless struck many observers as an affront to basic constitutional ideals. Indeed, so glaring was this perceived affront that Emmett Macfarlane described the legislation as “ anti-constitutional ” and as “ the most

There are some fundamental legal principles that Canadian society rigorously protects. One such principle is the presumption that people are innocent until proven guilty, which is expressly protected by section 11(d) of the  Charter of Rights and Freedoms .   Section 11(d) states that   “any person charged with an offence has the right: to be presumed innocent until proven guilty according to law.” [1]  This section exclusively applies to those who have been criminally charge

The Second and Third Criteria: Judicial Economy and the Proper Adjudicative Role of the Courts   The Quebec Court of Appeal’s discussion on the final two criteria for assessing mootness was relatively brief, which further highlights their narrow reading of Borowski .   The criterion of judicial economy concerns whether resolving a moot issue would be a worthwhile use of judicial resources. [1]  The practical effects on the rights of the parties, the likelihood that an issue w

Under Quebec’s Act respecting the laicity of the State  (“Bill 21”), certain public sector employees are prohibited from wearing religious symbols while performing their duties. [1]  Bill 21 further prohibits public sector employees and individuals accessing public services from wearing facial coverings and imposes sanctions such as disciplinary action or denial of service for failure to comply. [2]  The Act  has been challenged for violating religious freedom and gender equa

Drawing the Line: The Constitutional Boundaries of Positive Rights   As the jurisprudence discussed in Part I  of this article suggests, the question of whether the Charter  can be expanded to include a positive right to health care is deeply controversial and will likely remain so for the foreseeable future. This debate highlights a persistent tension between courts and legislatures, which courts have traditionally been reluctant to exacerbate through recognition and enforce

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

In this expert Q&A, 2025 CCS Summer Student Nicole Ibalio talks to Professor Rebeca Macias Gimenez (University of Alberta) about her research on the Site C hydropower dam project (Peace River), the impacts it's having on First Nations in BC, and the role that treaty rights can play in challenging these impacts. Q. Could you give an overview of the Site C hydropower dam project, including relevant parties and effects on the land? A.  There are a number of First Nations that ar

In this expert Q&A, 2025 CCS Summer Student Areeba Ismail talks to Ian Peach — Consultation Manager for the Wolastoqey First Nation, former Dean of the UNB Law Faculty, and an expert in intergovernmental affairs — about the Carney government’s Bill C-5 ( An Act to enact the Free Trade and Labour Mobility in Canada Act and the Building Canada Act ). In particular, Areeba and Ian talk about the context and reasoning behind C-5, its potential impact on the rights of Indigenous p