Areas of Practice

Constitutional Law

Most of the time, when one hears about constitutional law it is in reference to our Charter of Rights and Freedoms. Issues surrounding the division of powers between the Federal and Provincial Government are also of a constitutional nature.

The lawyers at McLellan, Brennan have experience in litigating constitutional matters, whether criminal or civil, and have helped shape the constitutional law jurisprudence of this country, through cases argued at every level, including the Supreme Court of Canada. Examples of matters where constitutional issues may arise include:

• Whether or not there has been a breech of the Canadian Charter of Rights and Freedoms
• Whether legislation enacted by one level of government or another is unconstitutional by legislating in an area which is the exclusive domain of the other level of government
• In criminal law, a person’s right to counsel may be breeched or there may be a wrongful search and seizure.
• In civil law, a person’s mobility rights may be infringed or he/she may be discriminated against under Section 15 of the Charter of Rights and Freedoms

Constitutional law is the basis for our law and is the living tree from which our rights are interpreted.