First-past-the-post electoral system case
The Canadian Constitution Foundation intervened in a novel case at the Ontario Supreme Court in 2023 about the constitutionality of Canada’s first-past-the-post voting system.
No to absolute government Immunity (Canada v Joseph Power)
The Canadian Constitution Foundation intervened in a Supreme Court of Canada appeal about Crown immunity called Attorney General of Canada v Joseph Power.
Protecting federalism and the rule of law (Impact Assessment Act’s constitutionality)
The CCF intervened in a Supreme Court hearing about the constitutionality of the Impact Assessment Act (IAA). The IAA provides a mechanism to the federal government to pause–and ultimately—approve or prohibit natural resource projects that “may cause effects within federal jurisdiction”. In 2022, the Alberta Court of Appeal found the IAA unconstitutional in a reference…
Separation of Powers (Quebec Reference re)
The Canadian Constitution Foundation (“CCF”) will be appearing at the Supreme Court of Canada on December 7-8 as an intervener in the Reference re An Act respecting First Nations, Inuit and Metis children, youth and families (also known as Attorney General of Quebec v. Attorney General of Canada).
How should the Charter apply outside Canada? (McGregor v The Queen)
In 2017, Corporal C.R. McGregor was charged with numerous offences and on court martial found guilty of sexual assault, two counts of voyeurism, one count of possession of a device for surreptitious interception of private communication, and disgraceful conduct. McGregor’s alleged offences occurred while he was stationed in Washington, D.C. at the Canadian Embassy, and…
Intervention for public interest standing (BC v Council of Canadians with Disabilities)
The Canadian Constitution Foundation appeared as an intervenor in Attorney General (BC) v Council of Canadians with Disabilities. The case involves the test for public interest standing and was heard by the Supreme Court of Canada on January 12 and 13, 2022.
Intervening in favour of property rights (Annapolis Group Inc v Halifax Regional Municipality)
The Canadian Constitution Foundation has been granted leave to intervene at the Supreme Court in Annapolis Group Inc v Halifax Regional Municipality.
Free speech in comedy intervention (Ward v Quebec Human Rights Tribunal)
The CCF has intervened in favour of free expression in the Supreme Court of Canada appeal Ward v Quebec Human Rights Tribunal. The case involves a Quebec comedian, Mike Ward, who was fined by the Quebec Human Rights Commission. The Commission concluded that jokes made by Mike Ward about Jeremy Gabriel, a boy who lives…
Corporations & the freedom from cruel and unusual punishment
In 2012, a privately owned Quebec company was issued a fine of $30,834 under the province’s Building Act for carrying out construction work as a contractor without holding the requisite licence for that purpose. The corporation responded by challenging the constitutionality of the fine in court, arguing that it violated the corporation’s right to be…
Freedom of Expression: Fleming v. Ontario
The CCF is intervening at the Supreme Court of Canada in the important case of Fleming v. Ontario in order to provide unequivocal support for the right to freedom of expression, and in particular, the right of all Canadians to express controversial views regarding social issues in a peaceful manner in the public square.
R. v. MacKinnon (free speech case defending right to criticize government)
In 2011, Ms. MacKinnon, a former Drumheller municipal councillor, was charged with the offence of “defamatory libel” under section 301 of the Criminal Code for colourful comments she posted on social media critical of town officials. What she didn’t know, and what the prosecutors and the court should have known, was that section 301 of…
Highwood Congregation v. Randy Wall (freedom of association and separation of church and state)
Should courts have broad power to regulate the membership of private groups? The Supreme Court of Canada has heard arguments for a case that will have profound implications for all private civil society organizations, and particularly religious congregations. The CCF has intervened in this case to help defend an important principle and freedom.