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McLennan Ross Home  > Expertise  > Commercial Litigation  > Constitutional Law

CONSTITUTIONAL LAW

McLennan Ross’s legal team offers wide-ranging experience in constitutional issues and has appeared before the Supreme Court of Canada, Federal Court, Federal Court of Appeal and other Courts. We believe that McLennan Ross has more experience dealing in constitutional issues than any other firm in Alberta and, among others, has acted as counsel to:

  • The Province of Alberta
    • On the Reference regarding Constitutional authority over the Firearms Act
    • On the constitutional challenge to Alberta’s Languages Act
    • In reviewing potential challenges in the wake of Canada’s ratification of the KyotoAccord
    • In constitutional issues relating to agriculture (e.g., jurisdiction of the CanadianWheat Board), and aboriginal matters (e.g. land claims litigation)
    • Before the Supreme Court of Canada in Central Alberta Dairy Pool v. Alberta (Human rights commission), which dealt with civil rights and freedom of religion
    • On the Public Service Employee Relations Act Reference at the Supreme Court ofCanada relating to freedom of association and the right to strike
    • In the Dolphin Delivery case at the Supreme Court of Canada
    • In challenging the Canada Health Act in response to punishments issued by thefederal Government
  • The Attorney General of Canada
    • In RWDSU v. Saskatchewan, which involved constitutional charter of rights issues
    • In PSAC v. Canada, which dealt with the constitutionality of the Public Sector Compensation Restraint Act
  • Represented the Attorney General of Alberta on the Reference re. Public Service Employee Relations Act
     
  • Contractors and project owners on constitutional matters relating to the Union challenges of the constitutionality of the Labour Relations Code
     
  • The Government of Canada on a constitutional challenge to the Elections Act
  • Egg producers participating in a challenge to egg marketing quotas in Canadian Egg Marketing Agency v. Richardson
  • The Law Society of Alberta in Black v. Law Society of Alberta, which involved constitutional mobility rights issues
     
  • The Canadian Bar Association in the Reference re. Same-Sex Marriage, 2004, which dealt with the constitutionality of the amendment in the federal Marriage Act defining marriage as being between two persons
     
  • The Canadian Bar Association – Alberta Branch in R. v. Fink, Supreme Court of Canada 2002, which dealt with the constitutionality of searches of law offices

In addition, McLennan Ross regularly deals with Charter issues in respect to labour relations (recent examples would be freedom of association issues before the Court of Appeal in the ENMAX case and freedom of expression in picketing before the Court of Appeal in the Brewers’ Distribution case).

To find out more about McLennan Ross's experience and expertise in constitutional law, please contact:

Edmonton: Graham McLennan 780.482.9221 gmclennan@mross.com
Calgary: Don Dear 403.303.9107 ddear@mross.com
 


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