Constitutionalstudies.ca

The One vs the Many: When Public Health Conflicts with Individual

WebPublic health is quite different from traditional healthcare. Whereas healthcare involves medical interventions between health professionals and individual …

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URL: https://www.constitutionalstudies.ca/2020/05/the-one-vs-the-many-when-public-health-conflicts-with-individual-rights/

Safe Injection Sites: How the Supreme Court got it right with Insite

WebIn 2011, the Supreme Court of Canada ordered the federal Minister of Health to continue exempting Insite, a safe injection facility, from the application of …

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Co-operative Federalism

WebCo-operative federalism is a concept of federalism based on the federal and provincial governments working together to achieve mutual goals. [2] The division of …

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The Absolute Limits of Canada's Emergency Powers: The Unwritten

WebSince the launch of the Centre for Constitutional Studies' Pandemic Powers and the Constitution Blog, a number of thought-provoking posts have been penned by …

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A National Pharmacare Plan Requires Cooperative Federalism

WebIntroduction: Proposed Pharmacare. Canada is the only OECD country with universal health coverage that does not include prescription drugs. Canadian provinces have different …

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The Constitution and Canada's Branches of Government

WebLegislative Branch. The federal legislative branch of Canada’s government makes the laws of the country. This branch is formally known as the Parliament of …

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Right to Life, Liberty and Security of the Person

WebThis article was written by a law student for the general public. Right to Life, Liberty and Security of the Person. Section 7 of the Canadian Charter of Rights and Freedoms …

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A National Pharmacare Plan Requires Cooperative Federalism

WebTo implement a national pharamacare plan, the federal government must begin negotiations with the provinces and develop a plan for program deliverance and transfer payments. …

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Part One: COVID-19 & the Canadian Constitution

WebPart 1 of 2 Over the past two months, the federal government, the provinces, and municipalities have exercised a variety of legal powers to respond to the COVID-19 …

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Travel Restrictions in a Pandemic: What are your Charter Rights

WebThe COVID-19 pandemic has modern Canada facing unprecedented challenges. The severity of the crisis has led governments to restrict personal liberties in …

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Peace, Order and Good Government

WebThe Constitution sets out the Powers of Parliament and grants Parliament the ability “to make laws for the Peace, Order, and good Government of Canada.”. [1] This power is …

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Pandemic Preparedness and Responsiveness in Canada: Exploring …

WebCanada’s lack of a coordinated response to the COVID-19 pandemic and the improvisatory nature of (at least many) individual provincial responses suggest that the …

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The Genetic Non-Discrimination Act Reference: Federal Criminal …

WebThe Supreme Court of Canada Weighs In: The GNDA is Constitutional . On July 10th, 2020, the Supreme Court of Canada (SCC) released its much-anticipated …

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Equality Rights since 1985

WebEquality Rights since 1985. Section 15 of the Canadian Charter of Rights and Freedoms states: (1) Every individual is equal before and under the law and has the …

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Eldridge v. British Columbia (Attorney General) (1997) – Equality

WebIn April 1997, the Supreme Court released a landmark case concerning the Charter right to be free from discrimination, guaranteed by section 15.The decision established that a …

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The Protective Function and Section 7 of the Canadian Charter …

WebReview of Constitutional Studies/Revue d’études constitutionnelles 55 Vanessa A. MacDonnell study.6 Although the protective function could possibly create obligations un …

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