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The Oxford Handbook of the Canadian Constitution


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Table of Contents

Contributors 1. Introduction by the Editors, Peter Oliver, Patrick Macklem & Nathalie Des Rosiers Part I -- Constitutional History Aboriginal Legal Systems and Governance 2. Indigenous Constitutionalism: Pre-existing Legal Genealogies in Canada John Borrows French-Canadians and the Constitution 3. Constitutional Debates in French Canada, 1764-1774 Michel Morin 1867: Confederation 4. 1867: Confederation Robert Vipond The British Constitutional Tradition 5. The British Legal Tradition in Canadian Constitutional Law Mark Walters Part II - Institutions and Constitutional Change The Crown and the Executive 6. The Crown in Canada Jennifer Smith & Marcella Firmini 7. The Executive, the Royal Prerogative and the Constitution Craig Forcese The Parliamentary System 8. Political Institutions in Canada in a New Era Lori Turnbull 9. Parliamentary Sovereignty in Canada John Lovell The Courts 10. The Supreme Court of Canada and Appointment of Judges in Canada Adam Dodek & Rosemary Cairns Way 11. Courts, Administrative Agencies and the Constitution Lorne Sossin Constitutional Amendment 12. Amending the Constitution of Canada Benoit Pelletier Part III - Aboriginal Peoples and the Canadian Constitution Aboriginal Sovereignty 13. Contending Sovereignties Jeremy Weber Treaties 14. Treaties as Constitutional Agreements Sebastien Grammond Aboriginal Peoples and the Constitution Act, 1982 15. The Form and Substance of Aboriginal Title: Assimilation, Recognition, Reconciliation Patrick Macklem 16. The Section 35 Duty to Consult Dwight Newman 17. Metis Constitutional Law Issues Larry Chartrand Part IV - Federalism Federalism in Canada 18. From Dualism to Cooperative Federalism and Back?: Evolving and Competing Conceptions of Canadian Federalism Jean-Francois Gaudreault-Desbiens & Johanne Poirier 19. Key Doctrines in Canadian Legal Federalism Eugenie Brouillet & Bruce Ryder 20. The Spending Power in Canada Hoi Kong Federalism in Context 21. Federalism and Health Care in Canada: A Troubled Romance Colleen Flood, William Lahey & Bryan Thomas 22. Criminal Law in the Federal Context Mark Carter 23. The Environment and Federalism (in Context) Dayna Scott 24. Constitutional Aspects of Commercial Law Anita Anand 25. The Exploitation of Natural Resources in the Federation Luanne Walton 26. Minority Languages, Education and the Constitution Linda Cardinal & Pierre Foucher 27. Marriage, Family and Federal Concerns Robert Leckey and Carol Rogerson 28. International Treaty-Making and Treaty Implementation Hugo Cyr & Armand de Mestral Part V -- Rights and Freedoms Litigating and Interpreting the Charter 29. Interpreting the Charter Joanna Harrington 30. Access to Charter Justice Carissima Mathen 31. The Justification of Rights Violations: Section 1 of the Charter Charles-Maxime Panaccio 32. Charter Remedies Kent Roach 33. The Notwithstanding Clause: Why Non-Use does not Necessarily Equate with Abiding by Judicial Norms Janet Hiebert Rights and Freedoms under the Charter 34. Democratic Rights Yasmin Dawood 35. The Right to Protest, Freedom of Expression, and Freedom of Association Jamie Cameron & Nathalie Des Rosiers 36. Freedom of Religion Benjamin Berger 37. The Right to Life, Liberty and Security of the Person Margot Young 38. The Charter and the Criminal Law Don Stuart 39. Equality and Anti-discrimination: The relationship between government goals and finding discrimination in section 15 Sonia Lawrence 40. Social and Economic Rights in Canada Martha Jackman & Bruce Porter Part VI - Constitutional Theory Constitutional Interpretation 41. Constitutional Interpretation: On Issues of Ontology and of Interlegality Stephane Beaulac 42. The Living Tree Will Walachow Constitutional Pluralism 43. Canadian Constitutional Culture: A Genealogical Account David Schneiderman Key Debates in Constitutional Theory 44. The Role of Theory in Canadian Constitutional Law Timothy Endicott & Peter Oliver 45. Feminist Constitutionalism in Canada Beverley Baines & Ruth Rubio-Marin 46. The Politics of Constitutional Law: A Critical Approach Allan Hutchinson The Role of Constitutional Principles in Canadian Constitutional Law 47. Constitutional Principles in the Secession Reference Jean Leclair 48. The Rule of Law, the Separation of Powers and Judicial Independence in Canada Warren Newman Dialogue Theory and the Canadian Charter of Rights and Freedoms 49. Understanding Dialogue Theory Ravi Amarnath & Peter Hogg The Canadian Constitution in a Comparative Law Perspective 50. The Canadian Constitution and the World Sujit Choudhry Table of Cases Index

About the Author

Peter Oliver is Full Professor and Vice Dean Research in the Faculty of Law at the University of Ottawa. Patrick Macklem is the William C. Graham Professor of Law at the University of Toronto, and a Fellow of the Royal Society of Canada. Nathalie Des Rosiers is Full Professor in the Faculty of Law at the University of Ottawa, and a Fellow of the Royal Society of Canada.


"Leading scholars provide a comprehensive and deeply informed overview of Canada's Constitution - its history, its content, its gaps and infelicities, and its potential future. Readers can dip into the book to gain a foothold into deeper investigations, or sample several chapters to see the Canadian Constitution in the large. This is an essential resource for people anywhere in the world interested in Canada's constitution, or constitutionalism in general." - Mark Tushnet, William Nelson Cromwell Professor of Law, Harvard University Law School "This Handbook offers fascinating insight in history, theory, and doctrine across the field of Canadian constitutional law. The organization of chapters is contemporary, reflecting current Canadian constitutional priorities and concerns. The list of authors is a who's who of scholars of Canadian constitutionalism. An insiders' view of a constitutional system, of this kind, is an invaluable resource for comparative constitutional law." - Cheryl Saunders, Laureate Professor Emeritus, The University of Melbourne Law School, Australia "This landmark publication is a hugely important research resource, edited by three of Canada's leading constitutionalists. It draws together a seminal and exhaustive collection of papers covering multiple aspects of Canadian constitutional history and recent developments. It provides scholars of Canadian and comparative constitutional law with a truly comprehensive and authoritative compendium that illuminates Canada's constitutional tradition in all its diversity." - Stephen Tierney, Professor of Constitutional Theory, School of Law, University of Edinburgh "This addition to the Oxford Handbook series offers illuminating insights into the history and reach of Canada's Constitution. The Canadian Constitution has been compared to a living tree. This book describes that tree. It takes us from the Constitution's roots in Indigenous, French and English law, and explores its growth over the past 150 years to what it is now - a vast and solid tree strong of trunk and lush of branches. The essays in this book tell the story of Canada's constitutional tree, and of the people who have nourished and shaped it. It is a compelling story that will inform and interest jurists and constitutional historians in Canada and abroad." - The Rt Hon Beverly McLachlin, Chief Justice of Canada

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