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Constitutional Law

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  • Insights, News & Events
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  • Insights, News & Events

In recent years, change in the Canadian legal landscape has been fuelled by two dominant factors: first, the growing influence of constitutional concerns, including federal/provincial division of powers issues and a variety of matters arising from the Charter of Rights and Freedoms, and second, the burgeoning number and power of Charter-oriented administrative tribunals that play an increasingly influential role in our complicated, interest-based society.

In response to these trends, we have brought together a group of lawyers with extensive experience in constitutional law. In addition to publishing and speaking widely in this area, our constitutional lawyers have garnered years of experience both prosecuting and defending all manner of constitutional claims on behalf of corporations, government agencies, and individuals before all levels of courts, including the Supreme Court of Canada.

Our services include the provision of interpretive advice, opinions and legal representation in connection with issues such as aboriginal law and litigation, Charter rights and federal and provincial jurisdictional disputes. The results we have achieved have often been precedent-setting or far-reaching in scope.

Key Contacts

  • E. Bruce Mellett KC E. Bruce Mellett KC, Partner
  • Robert W. Staley Robert W. Staley, Vice Chair and Partner
  • Related Lawyers

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Catholic Civil Rights League and others, as interveners in an appeal involving the Quebec Minister of Education's denial of an exemption to Loyola High School from the provincial Program on Ethics and Religious Culture
Mariann Taylor-Baptiste, in an application for judicial review arising from a decision of the Human Rights Tribunal of Ontario involving a conflict of rights between union speech and freedom from discrimination
Canadian Constitution Foundation, in an appeal to the Supreme Court of Canada in Moore v. British Columbia, 2012 SCC 61, involving the duty to accommodate disabilities in the B.C. public school system
South Asian Legal Clinic of Ontario, as intervener in an appeal to the Supreme Court of Canada in R v. N (S.), 2012 SCC 72, which involves a witness' right to wear a niqab while testifying in a criminal proceedings
Canadian UNICEF Committee, as intervener in an appeal to the Supreme Court of Canada in A.B. v. Bragg Communications Inc., which involves publication bans in a defamation action commenced by a child
Christian Legal Fellowship, as intervener in an appeal to the Supreme Court of Canada in Saskatchewan Human Rights Commission v. Whatcott, 2013 SCC 11, which involves the constitutionality of the hate speech prohibition in Saskatchewan's Human Rights Code
Christian Legal Fellowship, Catholic Civil Rights League and REAL Women of Canada, as successful appellants of a motion denying the groups leave to intervene and as intervenors in Bedford v. Canada (A.G.), a constitutional challenge to Canada's criminal prohibition on prostitution-related activities. Bedford v. Canada (AG), 2009 ONCA 669, and 2012 ONCA 186
Safari Club International (Alberta Chapter) and Public Action for Wildlife Society, in their successful intervention in an appeal relating to Metis hunting rights in Alberta. R. v. Kelley, 2007 ABQB 41
Simon Wiesenthal Centre, in proceedings against Ernst Zündel before the Canadian Human Rights Tribunal, the Federal Court and Federal Court of Appeal. Zündel v. Canada (Human Rights Commission), [2002] C.H.R.D. No. 1.[2000] 4 F.C. 225 (C.A.) [1999] 3 F.C. 409 (T.D.)

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