Constitutional Law Lawyers, Attorneys and Consultants – Canadian Law Firm | Fraser Milner Casgrain LLP (FMC)

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Constitutional Law

Our Constitution is the source of all legal and governmental authority in Canada. All of the laws which govern the affairs of businesses, institutions, governments, and individuals must be consistent with its overarching principles. The Courts of Canada have a broad supervisory authority to ensure that all statutes, regulations, rules, and governmental actions are consistent with our Constitution. Litigation raising questions of Constitutional Law requires the assistance of counsel with specialized expertise and experience.

The Constitutional Law lawyers at Fraser Milner Casgrain LLP (FMC) have acted as counsel in many of the leading Constitutional cases to have been brought before the Supreme Court of Canada, and the lower Courts. Whether defending laws from Constitutional attack, or challenging conduct which infringes our clients’ Constitutional rights, FMC offers a unique blend of experience, knowledge and skill.

Representative Work

Constitutional attack against s. 309 of the Canada Elections Act on the basis that it infringed the Reform Party’s right to freedom of expression: Reform Party of Canada v. Canada, [1995] 4 W.W.R. 609 (Alta.C.A.)

Defence of dam construction project on Alberta’s Oldman River: Friends of the Oldman River Society v. Canada (Minister of Transport), [1992] 1 S.C.R. 3

Challenge to the exclusion of a candidate from televised leadership debate: National Party of Canada v. Canadian Broadcasting Corp. (1994), 145 A.R. 267 (C.A.)

Challenge to provisions of the Criminal Code prohibiting media outlets from publishing information disclosed at bail hearings: Toronto Star Newspapers Ltd. v. Canada, 2010 SCC 21

Constitutional challenge to Alberta legislation prohibiting lawyers from entering into partnerships with lawyers resident in other provinces: Black v. Law Society of Alberta, [1989] 1 S.C.R. 591

Argument on behalf of the Government of Alberta that legislation proposed by Canada for the creation of a federal securities regulator is unconstitutional: Reference re Securities Act (Canada), 2011 ABCA 77

Challenge to a determination that a Catholic separate school trustee need not be of the Catholic faith: Yellowknife Public Denominational District Education Authority v. Euchner, 304 D.L.R.(4th) 149 (N.W.T.C.A. 2008)

Opposition on behalf of Alberta to judicial review application by Judges’ Association: Alberta Provincial Judges’ Association v. Alberta (2004), 1 C.P.C. (6th) 23 (Alta.Q.B.)

Defence on behalf of Canada of the third party spending rules under the Canada Elections Act: Harper v. Canada (2002), 223 D.L.R. (4th) 275 (Atla.C.A.)

Defence of federal ban on prisoner voting on behalf of Alberta: Sauvé v. Canada, [2002] 3 S.C.R. 519

Challenge on behalf of Petro-Canada to decision of Labour Relations Board allowing unlawful picketing: PCL Industrial Constructors Inc. v. Communications, Energy and Paperworkers Union of Canada, Local No. 501A (2001), 313 A.R. 345 (Q.B.)

Challenge of allegation that actions of ATB contravened the Charter: Alberta Treasury Branches v. Leahy (2000), 270 A.R. 1 (Q.B.)

Application on behalf of Canada for leave to appeal and an order setting aside an injunction enjoining the Chief Electoral Officer from enforcing third party spending limits under the Canada Elections Act during the 2000 general election: Harper v. Canada (Attorney General), 2000 SCC 57

Attempt on behalf of the CBC to set aside award dealing with same sex benefits: Canadian Broadcasting Corp. v. Canadian Media Guild, [1999] 2 W.W.R. 43 (Alta. Q.B. 1998)

Attempt on behalf of Alberta to secure stay of order obliging Alberta to implement recommendations of 1998 Judicial Compensation Commission: Alberta Provincial Judges’ Association v. Alberta (1999), 237 A.R. 101 (C.A.)

Attempt on behalf of Alberta to set aside decision of 1999 Judicial Compensation Commission Alberta Provincial Judges’ Association v. Alberta (1999), 177 D.L.R. (4th) 418 (Alta.C.A.)

Presentation on behalf of Alberta that all prisoners do not have the constitutional right to vote: Byatt v. Alberta (1998), 158 D.L.R. 4th 644 (Alta.C.A.)

Constitutional challenge to parts of Canada Elections Act: Reform Party of Canada v. Canada, [1995] 4 W.W.R. 609 (Alta.C.A.)

Appeal against decision dismissing application for interlocutory injunction in constitutional case: Whitecourt Roman Catholic Separate School District No. 94 v. Alberta (1995), 169 A.R. 195 (C.A.)

Application for enhanced cost award for ingenious constitutional argument: Jacobi v. County of Newell No. 4 (1994), 153 A.R. 241 (Q.B.)

Constitutional attack upon legislation establishing disciplinary tribunals for Alberta’s correctional institutions: Currie v. Alberta, 2006 ABQB 858

Application for disclosure of information based upon extra-territorial application of Charter to Canadian citizen detained in Guantanamo Bay, Cuba: Canada (Justice) v. Khadr, 2008 SCC 28

Application for disclosure of information based upon extra-territorial application of Charter to non-Canadian citizens detained in Guantanamo Bay: Slahi v. Canada, 2009 FCA 259

Charter challenge to interrogation of Canadian youth by Canadian government officials in Guantanamo Bay, Cuba, unsuccessful application for order for repatriation as remedy: Canada (Prime Minister) v. Khadr, 2010 SCC 3

Motion for certification of class action raising claim for discrimination contrary to s. 15 of the Charter against elderly chronic care patients: Elder Advocates Society of Alberta v. Alberta, 2011 SCC 24

Argument as intervener for the availability of sentence reductions to remedy physical abuse committed by police officers: R. v. Nasogaluak, 2010 SCC 6

Challenge to cruel and unusual living conditions in Edmonton Remand Centre: Trang v. Alberta, 2010 ABQB 6

Claim on behalf of First Nation for breach of s. 35(1) of the Constitution Act, 1982: Ermineskin Indian Band and Nation, 2009 SCC 9

Application pursuant to s. 24(1) of the Charter for interim injunction prohibiting interrogations of Canadian citizen in Guantanamo Bay, Cuba: Khadr v. Canada, 2005 FC 1076

Partially successful claim for stay of proceedings pursuant to s.24(1) of the Charter for conflicts of interest by criminal defence counsel: R. v. Neil, 2002 SCC 70

Application for stay of extradition proceedings for human rights abuses committed by CIA against Canadian citizen detained in Pakistan: United States of America v. Khadr, 2011 ONCA 358

Habeas Corpus application on behalf of prisoners disciplined for absolute liability offences: Libo-on v. Fort Saskatchewan Correctional Centre, 2004 ABQB 416

Habeas Corpus application establishing right of provincial prisoners in Alberta to be represented by counsel at disciplinary proceedings: Smith v. Fort Saskatchewan Correctional Centre, 2002 ABQB 1044

Application pursuant to s. 38 of the Canada Evidence Act and ss. 2(b) and 7 of the Charter for public disclosure and disclosure to media for information alleged to be subject to national security privilege: Khadr v. Canada, 2008 FC 807

Written intervener argument presented to the Supreme Court of the United States regarding the extension of the U.S. Constitution to detainees held abroad: Rasul v. Bush, 542 U.S. 466 (2004)

Publications

"Comsa v. Canada (N.P.B.): The Right to a Timely Post-Revocation Hearing", (2002) 40:2 Alta LR 511

Wiretapping, Investigative Necessity, and the Charter

Litigation & Dispute Resolution

Alternative Dispute Resolution

Class Actions

Constitutional Law

Fraud | Corruption | Asset Recovery

Insurance

Professional Liability

Securities Litigation

Did you know?

David Tavender Q.C., Brian Foster Q.C., and Jordan Milne acted as counsel for the Attorney General of Alberta in a Constitutional reference respecting the validity of a national regulator of securities exchange.

Kevin Feehan Q.C. is a preeminent authority on separate school systems as protected by s. 93 of the Constitution Act, 1867.

In Reform Party of Canada v. Canada, [1995] 4 W.W.R. 609 (Alta.C.A.), Tom Wakeling Q.C. brought a successful Constitutional attack against s. 309 of the Canada Elections Act on the basis that it infringed the Reform Party’s right to freedom of expression.

Key Contacts

THOMAS W. WAKELING

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Edmonton

+1 780 423 7342

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