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- Preliminary Material
- Main Text
- Ch.1 Introduction
- Part I Constitutional History
- A Indigenous Legal Systems and Governance
- Ch.2 Indigenous Constitutionalism: Pre-existing Legal Genealogies in Canada
- 1 Introduction
- 2 Inuit: Arctic Law
- 3 Métis Law: The Red River Example
- 4 Mikmaq Constitutionalism
- 5 Haudenosaunee Constitutionalism
- 6 Anishinaabe Constitutionalism
- 7 Cree Constitutionalism
- 8 First Nations Constitutionalism in British Columbia
- 9 Secwepemc Constitutionalism
- 10 Gitksan Constitutionalism
- 11 Conclusion
- Bibliography
- Ch.2 Indigenous Constitutionalism: Pre-existing Legal Genealogies in Canada
- B French-Canadians and the Constitution
- C 1867: Confederation
- D The British Constitutional Tradition
- A Indigenous Legal Systems and Governance
- Part II Institutions and Constitutional Change
- A The Crown and the Executive
- Ch.6 The Crown in Canada
- Ch.7 The Executive, the Royal Prerogative, and the Constitution
- 1 Introduction
- 2 The Starting Point: Parliament’s Jurisdictional Supremacy
- 3 Constitutionalized Sources of Executive Power
- 4 Delegated Sources of Executive Power
- 5 The Prerogative Source of Executive Power
- 6 The Content of the Royal Prerogative
- 7 Judicial Review of Prerogative Powers
- 8 Conclusion
- Bibliogaphy
- B The Parliamentary System
- Ch.8 Political Institutions in Canada in a New Era
- Ch.9 Parliamentary Sovereignty in Canada
- C The Courts
- Ch.10 The Supreme Court of Canada and Appointment of Judges in Canada
- Ch.11 Courts, Administrative Agencies, and the Constitution
- D Constitutional Amendment
- A The Crown and the Executive
- Part III Indigenous Peoples and the Canadian Constitution
- A Indigenous Sovereignty
- B Treaties
- C Indigenous Peoples and the Constitution Act, 1982
- Part IV Federalism
- A Federalism in Canada
- Ch.18 From Dualism to Cooperative Federalism and Back?: Evolving and Competing Conceptions of Canadian Federalism
- 1 Introduction
- 2 Canada’s Fundamentally Dualist Federal Architecture
- 3 The Rich Practice of Intergovernmental Relations in the Canadian Federal System
- 4 The Evolution of Interpretive Doctrines and the Rise of Cooperative Federalism
- 5 The Few Splendours and Many Miseries of Cooperative Federalism as a Normative Principle
- 6 Conclusion
- Bibliography
- Ch.19 Key Doctrines in Canadian Legal Federalism
- Ch.20 The Spending Power in Canada
- Ch.18 From Dualism to Cooperative Federalism and Back?: Evolving and Competing Conceptions of Canadian Federalism
- B Federalism in Context
- Ch.21 Federalism and Health Care in Canada: A Troubled Romance?
- 1 Introduction
- 2 Exercises of Provincial Jurisdiction in Health Care
- 3 Exercises of Federal Power in Health Care: Successes, Failures, and Works-in-Progress
- 4 Conclusion
- Bibliography
- Ch.22 Criminal Law in the Federal Context
- 1 Introduction: The Intricate Division of Legislative Powers Relating to Criminal Law
- 2 Parliament’s Plenary Jurisdiction over Criminal Law
- 3 The Formal Characteristics of Criminal Laws
- 4 The Substantive Characteristics of Criminal Laws
- 5 Provincial Offences
- 6 The Administration of Criminal Justice
- 7 Conclusion
- Bibliography
- Ch.23 The Environment, Federalism, and the Charter
- 1 The Constitutional Contours of Canadian Environmental Law and Policy
- 2 The Constitutional Division of Powers
- 3 Case Study: Kashechewan First Nation Water Crisis
- 4 Cooperative Federalism
- 5 Case Study: Climate Change Mitigation in Canada
- 6 Getting Past the Division-of-Powers Problem
- 7 Conclusion
- Bibliography
- Ch.24 Constitutional Aspects of Commercial Law
- Ch.25 The Exploitation of Natural Resources in the Federation
- Ch.26 Minority Languages, Education, and the Constitution
- Ch.27 Marriage, Family, and Federal Concerns
- Ch.28 International Treaty-Making and Treaty Implementation
- 1 Introduction
- 2 Entering Into Treaties
- 3 Treaty Implementation in the Canadian Federation
- 4 Conclusion
- Bibliography
- Ch.21 Federalism and Health Care in Canada: A Troubled Romance?
- A Federalism in Canada
- Part V Rights and Freedoms
- A Litigating and Interpreting the Charter
- Ch.29 Interpreting the Charter
- Ch.30 Access to Charter Justice
- Ch.31 The Justification of Rights Violations: Section 1 of the Charter
- Ch.32 Charter Remedies
- Ch.33 The Notwithstanding Clause: Why Non-use Does Not Necessarily Equate with Abiding by Judicial Norms
- 1 Origins of the Notwithstanding Clause and Its Uses
- A Political Protest of the 1982 Constitutional Changes
- B Risk Aversion because of Constitutional Uncertainty about the Scope of Protected Rights
- C Risk Aversion because of Uncertainty about How Section 1 Arguments Would Be Interpreted
- D Political Disagreement about Judicial Interpretations of the Charter
- 2 The Influence of the Notwithstanding Clause Elsewhere
- 3 Impact of Public Disdain for the Notwithstanding Clause on Government Strategies
- 4 Conclusion
- Bibliography
- 1 Origins of the Notwithstanding Clause and Its Uses
- B Rights and Freedoms under the Charter
- Ch.34 Democratic Rights
- Ch.35 The Right to Protest, Freedom of Expression, and Freedom of Association
- Ch.36 Freedom of Religion
- Ch.37 Section 7: The Right to Life, Liberty, and Security of the Person
- Ch.38 The Charter and Criminal Justice
- Ch.39 Equality and Anti-discrimination: The Relationship between Government Goals and Finding Discrimination in Section 15
- Ch.40 Social and Economic Rights
- A Litigating and Interpreting the Charter
- Part VI Constitutional Theory
- A Constitutional Interpretation
- B Constitutional Pluralism
- C Key Debates in Constitutional Theory
- Ch.44 The Role of Theory in Canadian Constitutional Law
- 1 Introduction
- 2 Theoretical Questions and Theoretical Assumptions
- 3 Early Theoretical Influences: ‘A Constitution Similar in Principle to That of the United Kingdom’
- 4 Parliamentary Sovereignty and the Constitution
- 5 Federalism
- 6 Constitutional Interpretation
- 7 Constitutional Theory at and after Patriation: Principles and Politics
- 8 Principles Untrammeled
- 9 The Living Tree, Principles and the Nature of Law
- 10 Conclusion: Constitutional Law in Context
- Bibliography
- Ch.45 Feminist Constitutionalism in Canada
- 1 Introduction
- 2 Feminist Constitutionalism
- A Women and Constitutional Agency
- B Women and Constitutional Rights
- C Women and Constitutionally Structured Diversity
- D Women and Constitutional Equality Doctrine
- E Constitutionalizing Women’s Reproductive Rights and Sexual Autonomy
- F Women’s Rights, Care, and the Constitutional Definition of the Family
- G Women’s Socioeconomic Development and Democratic Rights in the Constitution
- 3 Feminist Constitutionalism and the Canadian Construction of Women
- 4 Conclusion
- Select Bibliography
- Ch.46 The Politics of Constitutional Law: A Critical Approach
- Ch.44 The Role of Theory in Canadian Constitutional Law
- D The Role of Constitutional Principles in Canadian Constitutional Law
- E Dialogue Theory and the Canadian Charter of Rights and Freedoms
- Ch.49 Understanding Dialogue Theory
- 1 Introduction
- 2 What Is Charter Dialogue?
- 3 What Makes Charter Dialogue Possible in Canada?
- 4 What Are Its Limitations?
- 5 How Have Courts Applied Charter Dialogue Theory?
- 6 How Does the Remedial Action Taken by a Court Impact Charter Dialogue?
- 7 How Important Will Charter Dialogue Be Going Forward?
- 8 Conclusion
- Bibliography
- Ch.49 Understanding Dialogue Theory
- F The Canadian Constitution in a Comparative Law Perspective
- Further Material
- [3.235.56.11]
- 3.235.56.11
