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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


Why Care About Who's Paramount? Explaining the Doctrine of Federal Paramountcy, Part 1
This is Part 1 of a two-part article exploring the doctrine of federal paramountcy, which is on the ballot in Alberta’s October 2026 referendum. In this first part, I explain the constitutional context needed to understand the doctrine, and Alberta’s objection to it. Then, in Part 2, I advance the argument that federal paramountcy is an important and indeed required component of Canada’s federal system. Introduction On October 19, 2026, Alberta is scheduled to hold a province

Alexis Vander Linden
Oct 710 min read


Canada’s Electoral System Upheld as Constitutional in Fair Voting BC v Canada (Attorney General)
The Canadian electoral system survived a constitutional challenge at the Ontario Court of Appeal, with the Court unanimously holding that the Single Member Plurality electoral system (“SMP” or “first-past-the-post”) does not violate voting or equality rights under the Canadian Charter of Rights and Freedoms.[1] This article provides a quick breakdown of the challenge and the Court’s reasoning in response to it. Background Since Confederation in 1867, Canada has used an SM

Anjali Choudhary
Oct 25 min read


You Can't Have it Both Ways: Why the Courts Must Recognize the Right of Self-Government as Included in Section 35 of the Constitution Act, 1982
Let us start at the beginning — what makes a right a right? Your rights are really only rights if they serve to protect activities that you want to engage in. If you want to say something controversial in public, the constitutional guarantee of freedom of expression allows you to do that, as it is your right to. If you were a hermit, though, and never saw anyone else who you could say something to, the fact that freedom of expression is a constitutional right would be irrelev

Ian Peach
Sep 253 min read


Time for a National Referendum to Approve Steps to Strengthen the Canadian Federation
Unaccountable Executive Federalism is Weakening National Unity As Canada adapts to the disorderly post-free trade world and an adversarial relationship with the US, we need to take steps now to build a stronger federal structure to ensure Canada’s long-term sovereignty and security. We need constitutional or quasi-constitutional changes to the senate or similar structure, to better manage intergovernmental relations in our highly decentralized federation and strong provi

Deborah Coyne
Sep 177 min read


The Constitutional Implications of Canada’s Current MAiD Policy and Possible Avenues for Reform: An Interview with Dr. Kerri Froc
In this expert interview, Claire Adam, a 2026 Centre for Constitutional Studies Summer Student, speaks with Dr. Kerri Froc (University of New Brunswick), who unpacks the constitutional implications and social effects of the current MAiD scheme in Canada, as well as possible avenues for MAiD law reform. Q. There is a general public awareness that the old blanket prohibition on Medical Assistance in Dying (“MAiD”) was struck down by the Supreme Court of Canada (“SCC”) in Carter
Claire Adam
Sep 917 min read


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 Fischer
Sep 211 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 Fischer
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
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Ontario v Working Families Coalition and the Balancing of Political Expression
The standard response to a law being found unconstitutional is to amend it to bring it into compliance with constitutional standards. An alternative response, that is now seemingly becoming more common, is to invoke the notwithstanding clause to revive the law, unchanged. The Government of Ontario took this step in 2021 after imposing its most far-reaching restrictions to date on third-party political advertising during the pre-writ period. [1] It used the notwithstanding cl

Anjali Choudhary
Jul 22, 202510 min read


Encampments and the Charter Workshop: Charter Challenges, Systemic Barriers, and Indigenous Legal Perspectives
by Aurora Lawrence and Jay Wai , J.D Candidates, University of Toronto. Originally published on the David Asper Centre for Constitutional Rights Blog on June 11, 2025. June 13, 2025 On February 28, 2025, the Centre for Constitutional Studies at the University of Alberta and the David Asper Centre for Constitutional Rights co-hosted a “Encampments and the Charter” workshop in Edmonton. The event brought together legal scholars and advocates to examine the legal, social, an
Aurora Lawrence & Jay Wai
Jun 13, 202510 min read


An Oath of Allegiance to the Monarch is Not an Oath of Allegiance to the King: A Summary of Wirring v Law Society of Alberta
by Victoria Wright, J.D. Candidate 2025 Staff Writer, Seven/Fifty May 7, 2025 There are several requirements that must be satisfied in order to become a practicing lawyer in Alberta. After completing legal studies and preparatory work, prospective lawyers must take an oath of allegiance to His Majesty King Charles the Third (previously, Her Majesty Queen Elizabeth the Second) pursuant to the Legal Profession Act and the Oaths of Office Act . [1] For some, the oath requireme
Victoria Wright
May 7, 20257 min read


Not Bakan Down, Part 2: Bakan v Attorney General of Canada and the Charter’s Application to Private Litigation
by Krystin Hoffart, J.D. Candidate 2026 April 25, 2025 Litigation between Cool World and Twitter (now "X") is raising the question of whether the Charter can apply to private companies. This article is the second in a two-part exploration into recent attempts to extend the Charter of Rights and Freedoms [1] to private litigants. As noted in Part 1 , the Charter ’s applicability is generally limited to Parliament, legislatures, and governments, [2] with private entities la

Krystin Hoffart
Apr 30, 20257 min read


Not Bakan Down, Part 1: Cool World v Twitter and the Charter’s Application to Private Litigation
by Krystin Hoffart, J.D. Candidate 2026 April 25, 2025 Litigation between Cool World and Twitter (now "X") is raising the question of whether the Charter can apply to private companies. Imagine you’re a first-year law student studying for your constitutional law final. You listen to Eye of the Tiger , chug a coffee, then start a practice exam dealing with the Charter of Rights and Freedoms . [1] Flow-charts and checklists are your best friend in this class, and after careful

Krystin Hoffart
Apr 25, 20259 min read


Q&A with Professor Joel Bakan: Horizontality and the Charter
Conducted in the summer of 2024 by Krystin Hoffart. April 24, 2025 Professor Joel Bakan from Allard Law, UBC. Professor Bakan has produced two documentary films that critique the power exercised by modern business corporations. In this Q&A, CCS Summer Student Krystin Hoffart speaks with Professor Joel Bakan — a legal scholar at the University of British Columbia whose books are the basis for the documentaries The Corporation and The New Corporation . Bakan is also co-couns

Krystin Hoffart
Apr 24, 202514 min read


Military Judges Who Are Military Officers and Impose Sanctions on Military Members Are Found to Be Independent Adjudicators: A Summary of R v Edwards
by Victoria Wright, J.D. Candidate 2025 Staff Writer, Seven/Fifty April 17, 2025 Image of the Canadian military Hamilton LAV (Light Armoured Vehicle) III Monument in Ontario. Canadian courts play a crucial role in constitutional law – interpreting the legitimacy and validity of statutes enacted by the federal Parliament or provincial legislatures. To put it simply, in constitutional litigation, courts are tasked with an overarching question: is the law constitutional or not?
Victoria Wright
Apr 17, 20258 min read


Part 1: Unpacking Dickson v Vuntut Gwitchin First Nation
by Saloni Sharma, J.D. Candidate 2026 . April 9, 2025 Screenshot of the Supreme Court of Canada's hearing of Dickson v VGFN , showing the panel of seven Justices in attendance. Dickson v Vuntut Gwitchin First Nation [1] was the second Supreme Court of Canada judgment released in 2024 concerning the self-governing powers of Indigenous governments. Two critical holdings emerge from this landmark case: 1) the Canadian Charter of Rights and Freedoms [2] applies to self-governi
Saloni Sharma
Apr 11, 202510 min read


Q&A with Ryan Beaton: Dickson v Vuntut Gwitchen First Nation -- Section 25 and the Mushy Test
conducted in the summer of 2024 by Saloni Sharma. March 12, 2025 Ryan Beaton, Juristes Power Law. Previously law clerk to the Right Honourable Chief Justice Beverley McLachlin of the Supreme Court of Canada, Ryan’s practice and his academic research are focused on Aboriginal rights and title, language rights, and constitutional law generally. In this Q&A, CCS Summer Student Saloni Sharma talks to Dr. Ryan Beaton — a lawyer with Power Law in Vancouver — about the Supreme Court
ccsedu
Mar 20, 202511 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
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