The PHS Case and Federalism Analysis and Argumentation

SKU: 61849.02a

This paper proposes that the decision of the Supreme Court of Canada in Canada (Attorney General) v PHS Community Services Society to base its decision on section 7 of the Charter rather than on federalism arguments in the case was the incorrect tactic for reaching the end result. After explaining how the section 7 reasoning was problematic and did not engage fully in the federalism analysis involved in the case, the author concludes his position with a practitioner-focused objective by offering suggestions for constitutional law argumentation and advocacy after the PHS decision.

This paper was presented at the Constitutional Law Symposium in September 2012.


Related Products


Scroll to Top


Customer Support



Sign up to receive email notification of LESA programs and resources directly related to your practice.