Constitutional Forum (Journal)
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COVENANT CONSTITUTIONALISM AND THE CANADA ASSISTANCE PLAN
No full textCOVENANT CONSTITUTIONALISM AND THE CANADA ASSISTANCE PLA
R. V. HEYWOOD: OVERBREADTH IN THE LAW OR IN THE JUDGMENT?
No full textR. V. HEYWOOD: OVERBREADTH IN THE LAW OR IN THE JUDGMENT
CANADA\u27S JUDGE BORK: HAS THE COUNTER-REVOLUTION BEGUN?
No full textCANADA\u27S JUDGE BORK: HAS THE COUNTER-REVOLUTION BEGUN
THE TRICKSTER: INTEGRAL TO A DISTINCTIVE CULTURE
No full textTHE TRICKSTER: INTEGRAL TO A DISTINCTIVE CULTUR
HOW CAN INFRINGEMENTS OF THE CONSTITUTIONAL RIGHTS OF ABORIGINAL PEOPLES BE JUSTIFIED?
No full textHOW CAN INFRINGEMENTS OF THE CONSTITUTIONAL RIGHTS OF ABORIGINAL PEOPLES BE JUSTIFIED
THE QUEBEC SECESSION REFERENCE: THE CONSTITUTIONAL OBLIGATION TO NEGOTIATE
No full textTHE QUEBEC SECESSION REFERENCE: THE CONSTITUTIONAL OBLIGATION TO NEGOTIAT
The IOC Made Me Do it: Women’s Ski Jumping, VANOC, and the 2010 Winter Olympics
No full textThe IOC Made Me Do it: Women’s Ski Jumping, VANOC, and the 2010 Winter Olympic
Case Comment: Canada (Attorney General) v PHS Community Services Society
No full textIn September of this year, the Supreme Court of Canada released its decision in Canada (Attorney General) v PHS Community Services Society (“PHS Community Services Society”).[1] PHS Community Services Society is undoubtedly a landmark decision. Most importantly, the Court ordered the continued operation of Insite, North America’s only supervised injection site, and a health program that has proven to be overwhelmingly effective in addressing addiction drug use in Vancouver’s Downtown East Side (the “DTES”). But the decision is also critically important as part of the Supreme Court’s body of constitutional jurisprudence. In this case comment, I review the Court’s decision, and discuss three important issues raised by the Court’s analysis: (a) the availability of ministerial discretion as an “antidote” for an otherwise unconstitutional law; (b) what insight the decision may provide with respect to the relationship between the Court and Parliament; and (c) PHS Community Services Society’s utility as a precedent for future supervised injection sites. [1] Canada (Attorney General) v PHS Community Services Society, 2011 SCC 44, [2011] SCJ no 44 (QL) [PHS (SCC)]
AUDITOR GENERAL LOSES BATTLE AGAINST FEDERAL CABINET
No full textAuditor general loses battle agains federal cabine