Charter, Eh?
This Charter section guarantees the right to vote, even if you’ve been living abroad longer than most SCC split decisions.
What is section 3
This doctrine prevents courts from using the Charter to directly invalidate private disputes, despite how tempting that might be.
What is the Charter’s state action requirement (Dolphin Delivery)
This provision of the Constitution protects Aboriginal and Treaty rights
What is section 35 of the Constitution Act 1982
This tool lets the court pause a declaration of invalidity for a period of time, giving Parliament or the legislature time to fix the law without chaos.
What is a suspended declaration
This early Charter case (1986) established the framework for determining whether a law limiting a right is justified under section 1.
What is Oakes
This 2016 Charter case told trial judges, “Tick tock,” and warned that chronic delay is not a constitutional feature.
What is R v Jordan
The four original founding provinces of Canada.
What is Ontario (Upper Canada), Quebec (Lower Canada), Nova Scotia, and New Brunswick?
This case confirmed that Métis rights are protected under section 35, provided a historic rights-bearing community can be established.
What is R v Powley (2003)
This reference asked whether Manitoba’s entire statute book was invalid—and answered “yes, but let’s not panic.”
What is Reference re Manitoba Language Rights (1985)
This section is often used by labour unions to defend their right to collectively bargain
What is s. 2(d)
This 2019 case reminded police that “just a chat” can turn into a detention—particularly when flashing lights, badges, and social context are involved.
What is R v Le
This rarely cited Charter provision guarantees minority-language education rights and immediately causes mild panic in exam questions.
What is section 23
This 2014 decision was the first to finally confirm that Aboriginal title can, in fact, be successfully proven.
What is Tsilhqot’in Nation v British Columbia
This remedy is like the precision scalpel of constitutional law: the court uses it to fix procedural or structural problems without gutting the law entirely
What is severance
This section of the Charter protects against unreasonable search and seizure.
What is section 8
This doctrinal trio—life, liberty, and this third interest—forms the gateway to most section 7 arguments.
What is security of the person
In this 2018 decision, the Supreme Court collectively said “nice try” to a man, a truck, and several hundred law students hoping section 121 meant constitutional happy hour.
What is R v Comeau
This case held that the duty to consult can apply to treaty rights and government action that adversely affects them—even when the Crown thinks it’s just managing land.
What is Mikisew Cree First Nation v Canada (Minister of Canadian Heritage) (2005)
This section allows courts to grant remedies as are "appropriate and just” for Charter breaches, giving judges a buffet of options.
What is section 24(1)
This case confirmed that Charter rights can be engaged even when Canadian police act outside the country.
What is R v Hape
This decision clarified that jury representativeness does not require peremptory challenges.
What is R v Chouhan
This case confirmed that constitutional conventions are real, important, and... completely unenforceable by courts.
What is Reference re Resolution to Amend the Constitution (Patriation Reference, 1981)
This doctrine requires the Crown to consult and, where appropriate, accommodate Indigenous peoples—even before rights are proven in court.
What is the duty to consult and accommodate (Haida Nation v BC)
This remedial tool allows the Court to insert content in legislation to make it constitutional, often controversial due to concerns about the separation of powers.
What is reading in