Also, “what might happen when a government sees every challenge as a nail, and loves the hammer it holds in its hand.” Actually, loves the sledgehammer (of s 33) is even more apt.

While the motion to expedite the leave application was granted, the UR Pride case will be heard separately from English Montreal School Board v AG Quebec. Seems a little surprising given the similarity of the S 33 issue, but the Bill 21 case must march on I guess decisions.scc-csc.ca/scc-csc/scc-...

Having fought an ATI request for my research I learned more about this than I ever wanted to know. Research is exempted from disclosure in AB and other provinces based on academic freedom. Federally the ATIA has some protection for research. But that can be overridden by Parliamentary privilege? 🤯

Not happy about this at all. But can we please stop calling it child porn? If a short form is needed, how about CSAEM (child sexual abuse + exploitation material)? True, the SCC was dealing with the offence of child pornography before it was amended to CSAEM, but "porn" unnecessarily diminishes it.

This is a really helpful post that puts the UCP’s use of the NWS clause in context and makes the case for the ongoing justiciability of Bill 2’s constitutionality. Someone on here was looking for a primer on Bill 2 and s 33 the other day and this is it! And one more thing:

ABlawg (Shaun Fluker and students in the Faculty's Public Interest Clinic) also weighing in on Bill 2. @ablawg.bsky.social ablawg.ca/2025/10/30/b...

Does gender matter to the justifying limits on rights? My new book, published today, uncovers untenable gendered assumptions in justification orthodoxy and calls for methodological innovation so women's equality is not too readily sacrificed to the public good. More info here: shorturl.at/oViDJ

In a decision yesterday, the ABCA stated that "academic freedom exists to protect all scholarship, including that which may be unpopular or politically targeted." So-called 'activism' is still "research" + "teaching" exempted from FOIP applications. See 2025 ABCA 350, canlii.ca/t/kg5f3 at [40-42].

The UCP’s use of the NWS clause to end the teachers strike is sinking in. This is a terrible precedent for *all* groups with protected rights. Why would the government ever not use s 33 now in any case where they can’t make a credible s 1 argument?

Woke up in Kenya to surprise-watch extra innings in the Blue Jays Dodgers game. Also woke up to see that the UCP did preemptively invoke s 33 to end the teachers strike as feared. Solidarity with late night baseball lovers and workers everywhere.

Freedom = the ability to live without fear. Put that on a license plate.

Nice to be in Winnipeg for a National Judicial Institute seminar. One of the best things about staying at the Fort Garry is the close proximity to this old but still oh so relevant mural. That and the ghost stories. And the hotel bar.

Working with legendary equality rights scholars Bill Black and Lynn Smith on the section 15 chapter of this new edition was a dream! A student edition is also available for a lower cost.

Helpful post on the ABCA’s discussion of the rules governing use of AI in court documents by @roberthamilton.bsky.social. And on the consequences for not following those rules.

Actually if the Panel accepts that the Charter applies to universities, they might also have noted that it guarantees *substantive* equality and protects affirmative action programs in S 15(2).

I ❤️ AB teachers! www.cbc.ca/news/canada/...

Better late than never: our 18 pp (!) analysis of #ableg's so-called Mature Asset Strategy (w/ Shaun Fluker and @drewyewchuk.bsky.social). TLDR: the MAS is a thinly disguised attempt to rewrite the origin story of Alberta's O&G closure liability crisis and to push more gov't support & deregulation.

Solidarity from law profs down highway 2. That this reprehensible and dangerous action by U of A was apparently triggered by conservative media is appalling. The “protection” rationale trotted out by U of A (see also: forceful takedown of campus protests) is baseless and must be challenged.

And not only this. Anyone who saw the Premier try to defend the ban on trans health care the other day heard her say “babies” over and over, as if creating more Albertans should be every youth’s life goal and purpose. The Handmaids Tale was not just a banned book, it’s our reality here now. #abpoli

This is the 4th and final post in our series on the Dickson case; this one examines the dissent on ss 25 and 15 of the Charter. While it appears to flow from concerns about gender equality, @roberthamilton.bsky.social, @jwatsonhamilton.bsky.social and I are critical of the dissent's approach.

Saw a great film today, Mr Nobody Against Putin. It was hard not to draw parallels between the propaganda the Russian government is imposing on its schools and the Alberta government's intrusion in school curricula & libraries on sexuality, gender & more. Enough! www.ciffcalgary.ca/films/2025/m...

The AB gov’t appealed the injunction against trans health care bans, but is now bypassing its opportunity to argue the reasonableness of *all* its anti-trans laws via the notwithstanding clause. This reveals a lack of confidence in its claim that it is “protecting” trans and gender diverse youth.

So much for the UCP’s argument that their anti-trans surveillance law is all about protecting girls in sports. Young women’s participation in sports has dropped off, no surprise. #ableg

I think we all know why Alberta and Saskatchewan are arguing against changes to the notwithstanding clause: they want to violate the rights of transgender people.👇🏼

Not surprisingly, AB, SK, and ON side with QB in the Bill 21 case. “Alberta is against “any form of substantive judicial review” of governments’ use of the notwithstanding clause” and argued “that “creative arguments” that call for restrictions “should be rejected.” apple.news/AcH5w2n3YSEO...

Legal inequality is driving the gender pay gap. Women earn ~23% less than men, and are more likely to lack paid leave and pensions. These are legal failures, and they’re changeable. 🔗 This #EqualPayDay find out more about how you can support our work equalitynow.org/get-involved/

More dog whistling about non-citizens from the Alberta premier. This confirms that the new citizenship marker will have wide reaching effects. #abpoli www.cbc.ca/news/canada/...

I agree with the concerns about misuse for sure. But I’m not so sure about #1. Much as I think Alberta has not offered good reasons to justify a Charter violation, doesn’t it have jurisdiction to add this marker under its licensing powers? I don’t think it purports to decide who’s a citizen. #abpoli

Entire report is utterly damning but p’raps esp the concl that Israel's "widespread and systematic targeting of children is part of a strategy to destroy the biological continuity and future existence of the Palestinian group in Gaza, thus part of the intent to destroy Palestinians in Gaza.” [219]

Shades of Nadon, 2014 SCC 21, although coming from a very different angle.

Alberta too, 1000%

So apparently one can walk to a restaurant safely now in DC, but not to one's own kitchen, but the latter doesn't matter because it's just a made up crime anyway. www.independent.co.uk/news/world/a...

Spent the last 3 days at the truly excellent European Conference on Domestic Violence in Barcelona. Our panel compared criminal and other responses to coercive control across England and Wales, Australia, France, and Canada. You can find our forthcoming paper at: papers.ssrn.com/sol3/papers....

Danielle Smith does not understand that sexually explicit images are not necessarily pornographic images. The former can have important educational rather than harmful impacts. Where is the justice minister in helping her understand the difference? www.cbc.ca/news/canada/... #abpoli

apple.news/Au_OoDS5VQje.... Great piece. Not mentioned is that unions and women workers have also played a key role in fighting for responses to workplace violence and violence that affects the workplace. ✊

When I read @margaretatwood.bsky.social in high school it literally changed my life (and I think even she would agree with this use of literally). John and Mary are screwed unless we keep using our words to fight back. #abpoli

From the FB... At least one school has resorted to donating books to the public because they simply don't have the resources to catalog all of the books by Smith's deadline. This is absolutely surreal. #abpoli #ableg #cdnpoli

Calgary Public Library knows where it’s at. 🌈

Vicious compliance, malicious compliance, whatever. This book ban is an affront and the incoherence and lack of justification for its underlying premises have been beautifully exposed. On the eve of Calgary Pride, I say you go, Edmonton school board! #abpoli #ableg 🌈

Dickson's s.25 analysis has now been applied in the federal court a few times in the context of Indian Act governments. I review the Houle, Donald-Potskin, and Cunningham decisions with wonderful co-authors @jwatsonhamilton.bsky.social and @jenniferkoshan.bsky.social here...

One point to note as we are working on a post about the dissent on the ss 25 & 15 issues: the majority's recognition of the overriding role of gender-based equality in ss 28 &35(4) sharply contrasts with the dissent's reluctance to discuss any role for either, notwithstanding their text & history.

This is the 3rd in a series of blog posts on Dickson v Vuntut Gwitchin First Nation, including a look at how the SCC majority judgment on ss 25 & 15 of the Charter is being applied by lower courts. Great working with @jwatsonhamilton.bsky.social and @roberthamilton.bsky.social on this one!

So I just visited the website of the Canadian Constitution Foundation to look for some info on their recent interventions. I kid you not, they have a petition and court standing to challenge Nova Scotia's forest closure, calling this a "draconian ban" on "responsible recreation." theccf.ca

Alberta makes the international news again for another harmful attack on its citizens. Action4Canada & Parents for Choice in Education (PCE), take credit for precipitating the UCP’s book ban, a ban based on the idea that "our kids are our property." #ableg www.theguardian.com/world/2025/a...

Stoked to publish the draft agenda & registration info for UCalgary Faculty of Law's "Closure Liabilities in the Energy Sector" conference, which will be held this fall (October 2-4, 2025). To maintain a workshop vibe, non-presenter registration is being *limited* to 30. Go to eur.cvent.me/KbDnxE

As a newly minted grandma I *cannot wait* to have the new little visit extended family in AB. But this can only safely happen post-measles vaccine at 6 months due to the outbreak here. A plea to ensure your loved ones are vaccinated at any age. It’s part of our social contract! #ableg #abpoli

A Criminal Law Quarterly 4-page editorial that needs a wider audience and continued pressure on all levels of government to do something different to eliminate the deaths of Indigenous people at the hands of the police. ssrn.com/abstract=537...

Road trip soundtrack suggestions: - Wilco, Shot in the Arm - Frazey Ford, Golden - Anything by Yo La Tengo (Autumn Sweater?) - Alannis Morissette, Thank U

Very sad but oh so true.

Interesting to see Conservative Kyle Seeback say the Liberals are "no friend to workers" and would "rather reward [their] corporate buddies" than support flight attendants’ fight for fair wages. Does he really think we believe a Conservative government would do otherwise? apple.news/Av12fOVTfRJm...