Constitutional Law

We provide strategic counsel and advocacy in constitutional matters, helping clients navigate Charter rights, division of powers, and precedent-setting disputes before all levels of court.
Key Contacts
Mellett BruceStaley Robert
Marble lobby

Overview

In recent years, change in the Canadian legal landscape has been fuelled by two dominant factors: first, the growing influence of constitutional concerns, including federal/provincial division of powers issues and a variety of matters arising from the Charter of Rights and Freedoms, and second, the burgeoning number and power of Charter-oriented administrative tribunals that play an increasingly influential role in our complicated, interest-based society.

In response to these trends, we have brought together a group of lawyers with extensive experience in constitutional law. In addition to publishing and speaking widely in this area, our constitutional lawyers have garnered years of experience both prosecuting and defending all manner of constitutional claims on behalf of corporations, government agencies, and individuals before all levels of courts, including the Supreme Court of Canada.

Our services include the provision of interpretive advice, opinions and legal representation in connection with issues such as aboriginal law and litigation, Charter rights and federal and provincial jurisdictional disputes. The results we have achieved have often been precedent-setting or far-reaching in scope.

Client Work

Catholic Civil Rights League and others
as interveners in an appeal involving the Quebec Minister of Education's denial of an exemption to Loyola High School from the provincial Program on Ethics and Religious Culture
Mariann Taylor-Baptiste
in an application for judicial review arising from a decision of the Human Rights Tribunal of Ontario involving a conflict of rights between union speech and freedom from discrimination
Canadian Constitution Foundation
in an appeal to the Supreme Court of Canada in Moore v. British Columbia, 2012 SCC 61, involving the duty to accommodate disabilities in the BC public school system
South Asian Legal Clinic of Ontario
in an appeal to the Supreme Court of Canada in R v. N (S.), 2012 SCC 72, which involves a witness' right to wear a niqab while testifying in a criminal proceedings
UNICEF Committee
in an appeal to the Supreme Court of Canada in A.B. v. Bragg Communications Inc., which involves publication bans in a defamation action commenced by a child
Christian Legal Fellowship
in an appeal to the Supreme Court of Canada in Saskatchewan Human Rights Commission v. Whatcott, 2013 SCC 11, which involves the constitutionality of the hate speech prohibition in Saskatchewan's Human Rights Code
Christian Legal Fellowship
in Bedford v. Canada (A.G.), a constitutional challenge to Canada's criminal prohibition on prostitution-related activities. Bedford v. Canada (AG), 2009 ONCA 669, and 2012 ONCA 186
Safari Club International
in an appeal relating to Metis hunting rights in Alberta. R. v. Kelley, 2007 ABQB 41
Simon Wiesenthal Centre
in proceedings against Ernst Zündel before the Canadian Human Rights Tribunal, the Federal Court and Federal Court of Appeal. Zündel v. Canada (Human Rights Commission)
Your Guide to Legal Solutions: Constitutional Law

All the details you need, right at your fingertips. Download our brochure and explore our services.

The Bennett Jones Story

At Bennett Jones, legal solutions are our starting point. What drives us forward is knowing our clients inside and out—their ambitions, obstacles and success metrics.

For more than a century, we have shaped outcomes that matter in business, in law and in the broader Canadian landscape. And our commitment extends beyond legal matters: we invest deeply in the communities in which we live and work.