Developments in Constitutional Law: The 2005-2006 Term

Abstract

The 2005-2006 term produced several important decisions in Constitutional Law. This article reviews five cases, including the Court’s opinion in the federal-provincial battle over maternity and parental leave benefits (Reference Re Employment Insurance Act); the challenge to the Tobacco Damages and Health Care Costs Recovery Act (B.C.) (Imperial Tobacco); and a division of powers dispute over the federal Trade-marks Act (Kirkbi v. Ritvik). Two Charter cases round out the chapter: an examination of the freedom of expression issues inherent in a municipal noise bylaw (City of Montreal); and a freedom of religion dispute over a Sikh student’s request to be accommodated in wearing a kirpan (Multani).

Keywords: Canada, Charter of Rights, Constitutional Law, Supreme Court of Canada