Research publications

This HillNote examines two recent environmental law cases to highlight the different pathways the Supreme Court of Canada may take in determining the constitutionality of environmental legislation. In the first case, References re Greenhouse Gas Pollution Pricing Act, the Supreme Court considered whether the federal government has the authority to pass legislation that puts a price on carbon. The outcome in the case hinged on a rarely used residual power of the Parliament of Canada to make laws on matters of national concern. In the second case, Reference re Impact Assessment Act, the Supreme Court assessed the constitutionality of the federal government’s environmental assessment regime.

The Immigration and Refugee Protection Act requires that the federal government presents an Immigration Levels Plan which informs Parliament and the public about how many permanent immigrants are targeted for admission to Canada. This HillNote provides information on the recent evolution of Canadian immigration policy and the Immigration Levels Plan.

In Canada, the Canadian Human Rights Act prohibits discrimination based on certain grounds, including sex, sexual orientation (since 1996), gender expression and gender identity (since 2017). These terms are often used in the parliamentary context, including in debates and parliamentary committee work. This HillNote provides background on the terminology used to describe gender and sexual diversity.

International Ozone Protection Day, or World Ozone Day, is marked every year on 16 September – the date the Montreal Protocol on Substances that Deplete the Ozone Layer (the Montreal Protocol) was signed in 1987. This HillNote provides an overview of the progress made through the Montreal Protocol to reverse damage to the ozone layer caused by human-made synthetic substances. The Montreal Protocol is often cited as an example of the progress that can be made on environmental issues through international cooperation.

This HillNote is the second in a four-part series on productivity. The first HillNote explained what productivity is and why it matters, while the third and fourth will examine the potential causes of Canada’s relatively low productivity growth and explore possible solutions. This HillNote compares Canada’s productivity performance with that of other Group of Seven (G7) countries and Australia, which has a resource-rich economy that is similar to Canada’s.

Genocide, a crime under international law, has been officially recognized in several cases by national or international courts and tribunals, such as the International Criminal Tribunal for Rwanda. However, states, non-governmental organizations and intergovernmental organizations such as the United Nations (UN) are also involved in determining whether a situation could be referred to as “genocide.” Although such a step is not without controversy, states can express their political recognition of these situations through various means, including motions, resolutions or official declarations from the legislative and executive branches. This HillNote addresses the practice of political (or state) recognition of genocide.

In recent years, global demand for minerals and metals has grown significantly, driven primarily by an energy transition and technological advances. With vast mineral resources and a strong industrial capacity, Canada could position itself to take advantage of the increasing global demand for strategic materials and strengthen its position in global supply chains. To achieve this goal, multiple factors need to be considered, among them the security of the critical minerals supply. Securing critical minerals supply chains entails, among other measures, identifying the parties involved in extracting and processing critical minerals in this country.

Women’s right to full and equal participation in the public and political life of their country is recognized by the 1979 United Nations Convention on the Elimination of All Forms of Discrimination against Women. The proportion or number of parliamentarians who are women – also referred to as the descriptive representation of women – is often used to measure the achievement of this right. Beyond the statistics though, women and diverse groups are represented in political institutions in other ways (formalistic, descriptive, symbolic and substantive representation), some of which are examined in this HillNote.

On 30 January 2015, the Supreme Court of Canada recognized a constitutional protection of the right to strike, ruling in Saskatchewan Federation of Labour v. Saskatchewan that this right is an “indispensable” part of collective bargaining. In so doing, the Court reversed its original position established in 1987. This decision is one in a labour-law trilogy developed in 2015 by the Court, which re-examined freedom of association within the context of labour relations.

Canadians are increasingly using technological tools such as laptops, tablets and smartphones for online banking. However, there are currently no legislative or regulatory protections, applicable nationwide, to limit consumers’ liability in the event of an unauthorized transaction associated with their bank account, unlike the legal framework in place for credit card users.