Développements récents en droit constitutionnel durant l’année 2005-2006: les arrêts Multani, 2952-1366 Québec Inc. et Imperial Tobacco


This essay examines the recent developments in Canadian constitutional law during the 2005-2006 term. Although more than a dozen Supreme Court cases during that period dealt with division of powers and Charter issues, only a few can be considered as new developments. They cover four issues: (i) the requirement under s. 1 of the Canadian Charter of Rights and Freedoms that any limit to a Charter right or freedom be prescribed by law (Multani v. Commission scolaire Marguerite-Bourgeoys), (ii) the extent of the right to freedom of expression on government property (Multani), (iii) the constitutionality of provincial extraterritorial legislation (Montreal (City) v. 2952-1366 Québec Inc.), and (iv) the principle of the rule of law (British Columbia v. Imperial Tobacco Canada Ltd.).

This content has been updated on 13 June 2023 at 14 h 06 min.