Developments in Constitutional Law: The 2004-2005 Term - A Court In Transition
Supreme Court Law Review Vol. 30 (2005)
94 Pages Posted: 15 May 2013
Date Written: 2005
One might have expected the Court’s highest profile case in 2004-2005 to be the reference on same-sex marriage. While the reference was significant, a number of other decisions can legitimately vie for top spot. The most controversial, surely, was the narrow victory for Jacques Chaoulli, who challenged Quebec’s prohibition on purchasing private medical insurance. In other cases, the Court took steps to “cabin” the overall reach of section 15 of the Charter; revisited the thorny question of judicial compensation; confronted a judicial challenge to its approach to section 1; and made important findings regarding Parliamentary privilege.
Keywords: Canada, Charter of Rights, Constitutional Law, Supreme Court of Canada, Same-sex marriage
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