Category: Canadian Constitution

Brian Giesbrecht: If Canada is Broken, Why Not Fix It?

Commentary Any suggestion that we should consider reopening Canada’s Constitution to solve our increasingly serious problems usually evokes snorts of derision and eye-rolling. The last attempts—Mulroney’s failed Meech Lake Accord in 1990, and Charlottetown in 1992—left the nation with constitutional fatigue. Those failures also left politicians understandably gun-shy of ever opening up that Pandora’s box…


John Robson: The Oath of True Allegiance Is About Upholding the Rule of Law, in Quebec and Everywhere

Commentary The latest Quebec political snit over MNAs swearing allegiance to the Canadian monarch is part of a long-standing charade. It tempted me to reprint my 1996 Gravitas article scorning federal citizenship minister Lucienne Robillard’s musing about ditching the Queen from Canada’s citizenship oath “in line with the reality of Canada and the fact that…


After Two Days to Flatten the Bouncy Castle, Canada Needs a New Constitution

Commentary After crowds cheered them on from overpasses and at truck stops from one end of the country to the other, the Freedom Convoy arrived at Parliament Hill in Ottawa on Jan. 29 to protest COVID vaccine mandates. Thousands of supporters joined them to wave Canadian flags, dance in the snow, play street hockey, and…


Enforcing COVID-19 Measures Violates Police Officers’ Oath Under Constitution, Charter Rights Group Says

Some Canadian police and military officers are increasingly concerned about violating their oaths to protect the public as they enforce the COVID-19 health measures and restrictions, a Charter rights advocacy group says. Russ Cooper, president and CEO of Canadian Citizens for Charter Rights and Freedom (C3RF), said he finds it “quite disturbing” to see members…


COVID Responses Defy Canadian Constitution, Says Last Living Architect of 1982 Legal Framework

The last living premier who took part in the 1982 Constitution negotiations says Canadian governments have “violated” the country’s supreme law and governing legal framework during the pandemic. Brian Peckford, who served as Newfoundland and Labrador’s third premier from 1979 to 1989 and has been a Vancouver Island resident since the 1990s, says “governments from…


Mandatory Vaccination Policies Disregard Canadians’ Constitutional Rights

Commentary Provinces across Canada have now announced that only the vaccinated can participate in basic aspects of society, like dining at a restaurant, going to a gym, playing a team sport, or attending a wedding.  Governments in Quebec, Ontario, Manitoba, and British Columbia have set aside decades of legal protections for personal and bodily autonomy…


Expect Court Challenges to Vaccine Passports, Say Legal Experts

The adoption of vaccine passports by three Canadian provinces, the federal government, and many universities is bound to face legal challenges, say experts, forcing courts to weigh whether requiring vaccination under such circumstances is a justifiable curtailment of constitutional rights and liberties. British Columbia announced on Aug. 23 that those aged 12 and above will require…


Alberta Moves Closer to Holding Equalization Referendum in Fall Municipal Elections

Albertans will vote in a referendum on equalization this fall if the provincial government’s motion to debate and approve the referendum question gets passed. But it’s an exercise some pundits say will be more likely to influence provincial politics than the Canadian Constitution. The question proposed for the ballot in the Oct. 18 municipal elections…


Quebec Can Modify Part of the Canadian Constitution Unilaterally: Trudeau

MONTREAL—Prime Minister Justin Trudeau says Quebec can unilaterally modify part of the Canadian Constitution. The province’s proposed language law reform, introduced last week, seeks to change part of the Constitution to affirm that Quebec is a nation and that its official language is French. Trudeau told reporters today the federal government’s initial analysis has concluded…