Constitutional and Charter Law

We have experience in complex constitutional issues and litigation, and the application of the Canadian Charter of Rights and Freedoms. We have advised and represented institutional, corporate and individual clients at all levels of court including the Supreme Court of Canada.

Constitutional cases we have been counsel in include:

Kempling v. British Columbia College of Teachers, 2005 BCCA 327

  • We represented the Canadian Religious Freedom Alliance, which intervened to present arguments in favour of balancing freedom of religion and freedom of expression rights. Click here for the Court's decision.
Chamberlain v. Surrey School District No. 36, 2002 SCC 86
  • In 1997 the Board of Trustees of School District No. 36 (Surrey School Board) refused to approve three controversial books depicting same-sex parented families. The books had been promoted as supplementary learning resources, for use in teaching the family life education curriculum. Their decision was appealed and we represented the Board at the British Columbia Supreme Court, British Columbia Court of Appeal and Supreme Court of Canada. The Supreme Court of Canada provided guidance on what process the Board was to follow and returned the decision of whether to approve the books back to the Board.
    Click here for the Supreme Court of Canada decision.
Trinity Western University v. British Columbia College of Teachers, 2001 SCC 31
  • In 1995, Trinity Western University, a private university that teaches from a Christian perspective, applied to the British Columbia College of Teachers (BCCT) for permission to award baccalaureate degrees in education. The BCCT refused, arguing that the university's code of conduct was discriminatory and that those graduating from Trinity Western's program would discriminate against homosexual students. We successfully represented Trinity Western from the British Columbia Supreme Court through to the Supreme Court of Canada. Each court ruled in favour of Trinity Western, stating that there was no basis for the BCCT's decision. Trinity Western University now offers a full five-year teacher education program.
    Click here for the Supreme Court of Canada decision.

 Click here for a list of articles on Constitutional and Charter Law.