November 2015 was a banner month for Constitution-watchers. While other November decisions will be the subject of a separate post, this one focuses on three good old-fashioned division of powers decisions that were handed down by the Supreme Court of Canada on November 13, 2015. In Alberta (Attorney General) v. Moloney, 2015 SCC 51, 407 ETR Concession Co. v. Canada (Superintendent of Bankruptcy), 2015 SCC 52 and Saskatchewan (Attorney General) v. Lemare Lake Logging Ltd., 2015 SCC 53, the Court reviewed the questions of federal paramountcy and operational conflicts between otherwise validly enacted provincial and federal legislation.
By a 5 to 4 margin, in Quebec (Attorney General) v. Canada (Attorney General), 2015 SCC 14 (referred to as the Long Gun Registry case in this post), the Supreme Court of Canada ruled on March 27, 2015 that the Quebec government had no right to insist that, before destroying all data in the now defunct federal long gun registry, the federal government hand over to it the data relating to Quebec resident long gun owners. Two and a half weeks later, by a 6 to 3 margin, in R. v. Nur, 2015 SCC 15, the Court held that the mandatory minimum sentence for possessing prohibited firearms was contrary to s. 12 of the Charter and was not justified under s. 1. What is of interest, besides the result in these two cases, is how the Court divided and the basis for its division.
As we get back into the saddle after the holiday season, I thought that it might be fun to think about what might be some of the constitutional issues that Canada might face in 2014. Of course, like all crystal globe seers, I am almost certain to be wrong on some if not most of them. But it will be interesting to look back at this short list at the end of 2014 and see just how wrong I was. So, this is not supposed to be exhaustive but here are just a few of the issues that I think Canada will be dealing with in the year to come.