Our lawyers have presented constitutional and quasi-constitutional cases before courts, commissions and regulatory tribunals, representing national and multinational corporations as well as individuals.
Constitutional litigation is a complex area of public law that can involve complicated legislation or the conduct of state actors. Constitutional challenges may arise as independent actions, or within a legal or regulatory proceeding.
JSS Barristers has extensive experience in constitutional and quasi-constitutional law, including the Charter of Rights and Freedoms, the division of powers under the Constitution Act, and the Canadian Bill of Rights. Our services in this area are primarily directed at constitutional issues arising within, or through, civil and regulatory proceedings. We have successfully represented clients on constitutional issues before many trial and appellate courts, including the Supreme Court of Canada.
Some of our representative work in this area includes:
1) Ernst v Alberta Energy Regulator, 2017 SCC 1; 2014 ABCA 285
2) Fitter International Inc v British Columbia, 2021 ABCA 54 (leave to appeal denied by 2021 CanLII 69964 (SCC))
3) Alberta (Information and Privacy Commissioner) v United Food and Commercial Workers, Local 401, 2013 SCC 62
The Most Common Way People Give Up Their Power is by Thinking They Don't Have Any...
February 28, 2023
Alberta’s Court of King’s Bench found a CMOH Order unreasonable. The authority to issue such executive legislation is vested solely with the CMOH rather than elected officials who participated in the promulgation of the Order.
Unilateral Unpaid Leave of Absence May Not Trigger Constructive Dismissal
November 3, 2022
Erin J. Baker and Sarah Miller outline the main takeaways from Justice MacNaughton's decision in Parmar v Tribe Management Inc. that a mandatory vaccination policy in the workplace may not trigger constructive dismissal.
Mandatory Vaccinations in the Workplace
July 22, 2021
With the widespread availability of COVID-19 vaccinations in Canada, employers are anxious to get their employees vaccinated and “back to normal,” employers are likely thinking about what they can do to return to pre-pandemic operations. The question then arises: can an employer require employees to get the COVID-19 vaccine? And, if an employee refuses, what options does the employer have?
Tort Liability in a COVID World, Part 3: Government Oversight of the Cargill Beef Plant
May 5, 2020
With the easing of restrictions across Canada, including at food processing plants, can governments be held liable for future outbreaks? Laura Warner and Kaila Eadie examine the principles that impact government liability in these unique circumstances.
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