Alligator photo

Legal Submissions

  • Angela Fernandez, Abhinav Mynampati, & Ricardo Diaz, “Comments on the Draft Implementation Framework for the Right to a Healthy Environment under the Canadian Environmental Protection Act, 1999,” prepared for Environment and Climate Change Canada via Environmental Registry of Ontario (2024)
  • Angela Fernandez, expert witness testimony to the Standing Committee on Agriculture and Forestry, witness testifying on the constitutionality of Bill C-275, An Act to Amend the Health of Animals Act (Biosecurity on Farms) meeting no. 81 (26 September 2024) at 9:03
    • This testimony was quoted by Senator Paula Simons, Senate sitting no. 235 (5 November 2024) at 17:40 speaking to Agriculture and Forestry, #AGFO, report no. 13. 

    • Senator Simons: “Let me quote again from testimony we heard at committee, this time from Angela Fernandez, a professor of law at the University of Toronto:

    • “. . . First, if the bill is meant to target trespassers coming onto farms, then its title is misleading; it is not really about biosecurity on farms. You might ask what the big deal is about the mismatch between the title and the substance. In constitutional law, if you have a mismatch between the substance and what’s sometimes called the purpose and effect of a statute, this can be called ‘colouring the law with a substitute purpose,’ a doctrine known in constitutional law as ‘colourability.’ […] This constitutional law doctrine specifically describes a situation in which a statute has the formal trappings of being about a certain matter, but it is not really about that matter. This is a problem if that matter falls outside the jurisdiction of the government that is passing it — in this case, the federal government.”

  • Angela Fernandez, expert witness testimony to the Senate Standing Committee on Legal and Constitutional Affairs, witness testifying on the constitutionality of Bill S-15 to end the captivity of elephants and great apes, An Act to Amend the Criminal Code and the Wild Animal and Plant Protection and Regulations of International and Interprovincial Trade Act, LCJC meeting no. 97 (18 April 2024) at 12:57
  • Angela Fernandez & Krystal-Anne Roussel, “The Constitutional Validity of Bill S-241, the Jane Goodall Act” prepared for the Standing Senate Committee on Legal and Constitutional Affairs ( December 2023)