The Use of the Peace, Order and Good Government Clause in Canada’s Constitution

Source: flickr/Michel Marie

By Linda McKay-Panos

Reposted from LawNow 44(6) with permission

Recent events in Canada have caused a resurgence of reliance on the Peace, Order and Good Government (POGG) clause in section 91 of The Constitution Act, 1867. When federal and provincial governments seek to pass legislation, they must have authority under section 91 (federal government) or 92 (provincial governments).

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HUMAN RIGHTS | Overt Discrimination and Hate Crimes are Increasing During COVID-19

Source: flickr/Mike Gifford

By Linda McKay-Panos

Reposted from LawNow 44(6) with permission

Generally, when talking about the situation in Canada, the emphasis is on the prevalence of systemic discrimination —policies or practices that are part of an organization, which perpetuate disadvantage. This is pervasive in Canada and difficult to address because it is reinforced by acceptance as the “normal” way of doing things.

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Alberta Court Grants Injunctive Relief in a Constitutional Case

Source: flickr/di.fe88

By Myrna El Fakhry Tuttle

Reposted from ABlawg with permission

Case Commented On: A.C. and J.F. and her Majesty the Queen in Right of Alberta (19 March 2020), Edmonton 2003-048252020 (ABQB) (Transcript available here)

On March 19, 2020, Court of Queen’s Bench Justice Tamara Friesen granted a temporary injunction prohibiting the Alberta Government from implementing an amendment of the Child, Youth and Family Enhancement Regulation, Alta Reg 160/2004, which lowered the age of eligibility from 24 to 22 for young adults receiving financial and social support under the Support and Financial Assistance (SFA) program. This temporary injunction will apply until the Court hears and rules on the issue of whether the amendment unjustifiably violates the Canadian Charter of Rights and Freedoms.

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