Welcome to “Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!”
In this episode, Kyla Lee from Acumen Law Corporation discusses a constitutional challenge to a provincial declaration—and why the Supreme Court of Canada missed an opportunity to define the limits of provincial powers when it comes to international issues.
Key Points Discussed
The Legal Context
In Ontario, the government enacted legislation declaring a week each year as Tamil Genocide Awareness Week. The law encouraged individuals to reflect on and learn about the Tamil genocide, but it did not require any specific action.
The legislation was challenged by an individual and a Sri Lankan association on two grounds:
-It was outside the province’s jurisdiction because it concerned international events rather than matters within the province.
-It violated Section 2(b) (freedom of expression) and Section 15 (equality rights) of the Charter.
The constitutional challenge was dismissed in the lower courts, and the Supreme Court of Canada declined to hear the appeal.
Why This Case Matters
Jurisdictional Limits on Provinces
Provinces are supposed to legislate within their borders, not on matters of international relations. Allowing them to make declarations about global events risks creating inconsistency with federal objectives in foreign affairs.
The Risk of Performative Declarations
Even when declarations seem symbolic, they could have real consequences. For example, a province declaring a politically sensitive event or leader appreciation day could undermine Canada’s international relations.
Missed Opportunity for Preventive Clarification
The Supreme Court could have established clear limits to prevent future issues where provincial actions may compromise national interests—even if this particular case did not present immediate harm.
Topics Covered
-The constitutional limits on provincial declarations
-The relationship between provincial actions and federal authority over international relations
-Section 2(b) and Section 15 Charter rights in the context of government messaging
-The potential dangers of symbolic political gestures by provincial governments
