Federalism & Other Nightmares
In Opsis Airport Services, the SCC recently breathed new life into this doctrine, which was thought to be in a deep coma (and feared to never wake again).
What is interjurisdictional immunity
This 1989 case established the first modern framework for analyzing discrimination under section 15, asking whether a law differentiates based on an analogous or enumerated ground.
What is Andrews v Law Society of British Columbia
What day in April did the Charter come into force?
What is April 17.
This section protects expression—even when it makes people very uncomfortable.
What is s. 2(b)?
This section's coming into force date was delayed by three years.
What is section 15
This doctrine lets both federal and provincial laws apply at the same time, much to students’ confusion.
What is the double aspect doctrine
This 1995 case was the first to recognize sexual orientation as an analogous ground under section 15.
What is Egan v Canada
What had David Oakes (of the "Oakes test" fame) bought with his WCB cheque that resulted in his name being forever memorialized in s. 1 Charter law?
What is hashish?
This is usually said to be at the core of the need to protect freedom of expression under s. 2(b) of the Charter.
What is political speech?
In the Reference re Secession of Quebec decision, the SCC articulated four "unwritten" constitutional principles. Name one of the four.
What is democracy, constitutionalism and the rule of law, respect for minorities, and federalism
This case explained that pith and substance is not about vibes—it’s about purpose and effect.
What is R v Morgentaler (1993)
In this case, the SCC addressed whether affirmative action programs could be consistent with section 15.
What is R v Kapp
Before the Charter, Canadians relied on this tool for civil liberties, which was limited at best.
What is the Canadian Bill of Rights (and its provincial equivalents)
This 1989 case showed that Charter protections extend even to commercial expression, not just political speech.
What is Irwin Toy Ltd v Quebec (AG)
The latest appointment to the Supreme Court of Canada and the current Chief Justice of the Supreme Court of Canada
Who are Moreau J and Wagner CJC
This decision upheld federal criminal law power even when it looked suspiciously regulatory.
What is Reference re Firearms Act (Canada) (2000)
This analytical tool allows courts to assess whether a claimant suffers disadvantage by considering overlapping grounds of discrimination
What is intersectionality
This political figure is often credited as the “architect of the Charter,” famously insisting that Canada needed a bill of rights with teeth.
Who is Pierre Elliott Trudeau
The infamous teacher who taught hate and found out that 2(b) has limits.
Who is Keegstra
These transcripts of government debates are often looked at as evidence of the purpose of legislation.
What is Hansard?
This reference confirmed that provinces cannot unilaterally secede—but negotiations are mandatory.
What is Reference re Secession of Quebec (1998)
This approach emphasizes that a proper equality analysis does not focus on whether laws treat everyone the same under identical rules, nor does it assume that equal treatment yields equal results
What is substantive equality
The number of sections in the Charter
What is 34
The SCC case balancing political advertising restrictions with 2(b) protections during elections.
What is Harper v Canada (AG) (2004)
The name of Canada's highest court until 1949.
What is the Judicial Committee of the Privy Council?