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Canadian Constitutional Law, 4th Edition

Status: Available
Author: The Constitutional Law Group
ISBN/ISSN: 978-1-55239-332-1
Year: 2009
Description: Text / Hardcover / One colour / 1442 pages
Instructor's Guide/Teacher's Resource: Not Available
Subject: Constitutional/Human Rights Law/The Charter
Division: Law School
Publisher: Emond Montgomery Publications
Contact: Instructor Support

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Preface

3RD EDITION SUPPLEMENTS

Volume 1: 2009-10
[ DOC | PDF ]

Volume 2: 2009-10
[ DOC | PDF ]

Overview

In its 4th edition, Canadian Constitutional Law continues to offer a truly national perspective — drawing on an editorial team that is rich with regional, linguistic, and scholarly diversity. This edition remains true to the structure and purposes of previous editions, especially with regard to the editors’ commitment to the idea that understanding constitutional history is critical to comprehending the present and future of Canadian constitutional law.

Significant changes have been made in several chapters:

Chapter 8, “Interpreting the Division of Powers” incorporates new developments in paramountcy and inter-jurisdictional immunity as a result of Canadian Western Bank and Lafarge.
Chapter 18, “Application” has a new section on extra-territorial application of the Charter including Hape.
Chapter 19, “Freedom of Religion” is reorganized to include new sections on religious accommodation (including Amselem, Multani, and Hutterian Bretheren), state imposition of religion, and the relationship between secular and religious law (Bruker).
Chapter 20, “Freedom of Expression” contains new cases on commercial expression (JTI-Macdonald Corp. and Guignard), human rights codes and regulation of hate speech, sexually explicit expression (Labaye), election speech (Harper), access to public property (Montreal v. 2952-1366 Québec Inc., B.C. Student Federation), and state support for expression (Baier).
Chapter 21, “Freedom of Association” includes the major new decision, B.C. Health Services.
Chapter 22, “Life, Liberty, and Security of the Person” is reorganized with a new section on s. 7 and social citizenship (Gosselin and Chaoulli).
Chapter 23, “Equality Rights” is revised and reorganized to take account of Kapp and post-Kapp developments.
Chapter 25, “Enforcement of Rights” includes new material on retroactive relief (Hislop), constitutional exemptions (Fergusson), structural injunctions (Doucet-Boudreau) and standing (Martin).

The 4th Edition retains a flexible design that allows teachers to teach constitutional law in their preferred order and way. Each part is designed to be relatively free-standing, allowing the casebook to serve as a reader for a course based on any combination of issues relating to federalism, Aboriginal rights, and the Charter.

Top ∧Content Summary

PART ONE: Introduction to Canadian Constitutional Law

Chapter One: Introduction

Chapter Two: Judicial Review and Constitutional Interpretation

I.	Judicial Review and the Legitimacy Issue
II.	Constitutional Interpretation
III.	Triggering Judicial Review and Procedural Issues

PART TWO: Federalism

Chapter Three: From Contact to Confederation

I.	Pre-Contact, Contact, and the Myth of Terra Nullius
II.	New France: Canada's First European Constitutional Regime
III.	From Acadia to Nova Scotia: The Genesis of the Maritimes
IV.	The Expansion and Consolidation of British North America: From the Conquest of New France to the Constitutional Act, 1791
V.	Troubles in the Colonies: The Quest for Self-Government, the Rebellions, and the Union Act of 1840
VI.	Confederation

Chapter Four: The Late Nineteenth Century: The Canadian Courts Under the Influence

Chapter Five: The Early Twentieth Century: The Beginnings of Economic Regulation

Chapter Six: The 1930s: The Depression and the New Deal

Chapter Seven: Federalism and the Modern Canadian State

Chapter Eight: Interpreting the Division of Powers

I. Values Informing the Interpretation of the Division of Powers

II. Validity: Characterization of Laws

III. Applicability: The Interjurisdictional Immunity Doctrine

IV. Operability: The Paramountcy Doctrine

Chapter Nine: Peace, Order, and Good Government

Chapter Ten: Economic Regulation

I. The Constitution and the Economy

II. Provincial Powers Over Economic Regulation

III. Federal Powers Over Economic Regulation

IV. Strengthening the Canadian Economic Union

Chapter Eleven: Criminal Law

I. Federal Powers Over Criminal Law

II. Provincial Power to Regulate Morality and Public Order

Chapter Twelve: Instruments of Flexibility in the Federal System

I. Policy Instruments and Flexible Federalism

II. Amending the Constitution

PART THREE: The Judiciary

Chapter Thirteen: The Judicial Function

I. Introduction Law

II. The Court Structure

III. Separation of Powers and Section 96

IV. The Independence of the Judiciary

V. The Judicial Appointment Process

PART FOUR: Aboriginal Peoples

Chapter Fourteen: Aboriginal Peoples and the Constitution

I. Introduction

II. Common Law Foundations of Constitutional Recognition

III. The Constitutional Entrenchment of Aboriginal Rights

IV. Constitutional Recognition of Aboriginal Title

V. Treaty Rights

VI. The Duty to Consult

VII. Métis Rights

VIII. Distribution of Legislative Authority

IX. Aboriginal Rights of Self-Government

PART FIVE: Rights

Chapter Fifteen: Antecedents of the Charter

I. The Common Law Constitution

II. Rights and Federalism

III. The Canadian Bill of Rights

Chapter Sixteen: The Advent of the Charter

I. Introduction

II. The Adoption of the Charter

III. The Merits of Entrenchment and the Legitimacy of Judicial Review

Chapter Seventeen: The Framework of the Charter

I. Interpreting Rights

II. Defining Limitations: Section 1

III. The Override

Chapter Eighteen: Application

I. Introduction: The Debate About Application to Private Action

II. Governmental Action

III. Governmental Inaction

IV. Application of the Charter to Courts and the Common Law

V. Territorial Limits on the Application of the Charter

VI. Who Is Protected by the Charter?

Chapter Nineteen: Freedom of Religion

I. Introduction

II. Sunday Observance and the Scope of Section 2(a)

III. The Restriction and Accommodation of Religious Practice

IV. Government Support for Religion

V. Religious Families and Religious Communities

Chapter Twenty: Freedom of Expression

I. Introduction: Purposes of the Guarantee

II. The Scope and Limits of Freedom of Expression

III. Commercial Expression

IV. Hate Speech

V. Regulation of Sexually Explicit Expression
VI. Controls on Election Spending
VII. Access to Public Property
VIII. State Support for Expression

Chapter Twenty-One: Freedom of Association

I. Introduction

II. The Right to Associate with Others

III. The Freedom Not to Associate with Others

Chapter Twenty-Two: Life, Liberty, and Security of the Person

I. Introduction

II. Section 7 and Bodily Integrity

III. Life, Liberty, and Security of the Person and Decisional Autonomy

IV. Section 7 and Social Citizenship

Chapter Twenty-Three: Equality Rights

I. The Constitutional History of Equality

II. Early Interpretation and Application of Section 15: The Andrews Test and the 1995 Trilogy

III. The "Equality Trilogy of 1995"

IV. The Law Test

V. The Kapp Test

VI. Equality's Three Steps

Chapter Twenty-Four: Language Rights

I. Introduction

II. Language Rights and the Constitution

III. Interpreting Language Rights

IV. Proposals for Constitutional Amendment

Chapter Twenty-Five: Enforcement of Rights

I. Remedies

II. Standing: Who Can Raise Charter Issues?

III. Jurisdiction: Where Can Charter Issues Be Raised?