Constitutional
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August 20, 2025
Saskatchewan cannot use notwithstanding clause to ‘shut’ courts out of Charter ‘conversation’: lawyer
Pre-emptively invoking the notwithstanding clause does not bar the courts from still making it known whether laws brought via the clause infringe on people’s rights, says a lawyer of a landmark case involving Saskatchewan’s controversial pronoun policy.
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August 20, 2025
Binding arbitration vs. the right to strike: A transatlantic tussle over labour rights, part two
Dear reader, if you’ve been keeping a keen eye on things, you’re undoubtedly aware of the saga that Air Canada and its flight attendants have found themselves in. It’s a tale as old as time: the delicate dance between workers’ rights and economic stability.
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August 20, 2025
Settlement of $59M reached in Ontario correctional facilities lockdowns class actions
A proposed settlement of $59 million has been reached in Ontario class actions relating to lockdowns in correctional facilities due to alleged lack of staff, providing each eligible claimant with between $2,000 and $68,000 in compensation if approved.
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August 19, 2025
Ministers from territories plan for gender equality
Ministers from Canada’s northern territories are working to develop a “memorandum of understanding” in formalizing shared priorities on gender equity.
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August 19, 2025
Ontario court to hear climate change constitutional challenge in December
The stage has been set for the next step in the long-simmering court battle over the constitutionality of Ontario’s climate change target. Seven young climate activists will return to the Ontario Superior Court at the beginning of December to argue that their equality rights and right to life, liberty and security of the person under the Charter have been violated by Ontario’s greenhouse gas (GHG) reduction target, and the province’s plan to reach that target.
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August 19, 2025
Feds announce probe into unpaid airline work in light of Air Canada flight attendant strike
As Air Canada flight attendants have reached a tentative deal to end their strike, the federal government has announced it is launching consultations regarding unpaid work in the airline sector. Meanwhile, labour unions are calling for an end to the “unconstitutional” section 107 of the Canada Labour Code.
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August 19, 2025
Binding arbitration vs. the right to strike: A transatlantic tussle over labour rights
If you’ve been keeping a keen eye on things in the backyard, you’ll have undoubtedly caught wind of the rather sticky wicket that Air Canada and its flight attendants have found themselves in. It’s a tale as old as time, or at least as old as organized labour: the delicate dance between workers’ rights and economic stability.
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August 19, 2025
Privacy challenge in DUI blood test case fails to sway Quebec Court of Appeal
Fighting an impaired driving charge can be challenging, but it is not impossible. Obstacles often stem from potential errors in police procedures, faulty breathalyzer readings and alternative explanations for a toxicologist’s report. These issues were highlighted in a recent Quebec Court of Appeal decision (R. v. Chartrand, 2025 QCCA 945).
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August 18, 2025
Appeal court determines self-represented accused capable, dismisses application for counsel
While writing these columns for Law360 Canada, I have found that a significant issue in appeals of conviction is the sufficiency or admissibility of evidence. Difficult questions often arise that challenge even well-trained and experienced lawyers. Is it likely that an intelligent self-represented litigant may also struggle when such evidential issues are central to an appeal? This was the question to be decided in the case of R. v. Moylett, 2025 NLCA 25.
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August 15, 2025
Ontario court upholds first-past-the-post voting system, but lawyer pledges appeal
The lawyer representing two advocacy groups arguing Canada’s first-past-the-post voting system violates the Charter is pledging to appeal a recent finding by Ontario’s top court that the system was not unconstitutional.