The Law of the Canadian Constitution

Description

Constitutional law can be complex, and successful navigation through the topic often requires a thorough examination of potential issues from many different perspectives. This new volume offers precisely that. Co-written by an academic and a practitioner with backgrounds in both civil law and common law, The Law of the Canadian Constitution provides a comprehensive look at constitutional law that is unique in its coverage. From the division of powers in sections 91 and 92, to the Charter of Rights and Freedoms, to constitutional matters relating specifically to Aboriginal communities, this practical, exhaustive resource is poised to become the go-to reference for lawyers, law students, judges and adjudicators across the country.

Highlights of This Book

The Law of the Canadian Constitution is a valuable addition to any law library and features:

• In-depth coverage of all areas of constitutional law and fundamental freedoms protected by the Charter
• An examination of many topics of practical significance to those acting in an advisory role to businesses, including regulatory issues
• Focused and comprehensive analysis of key case law developed from a fresh and current perspective
• Co-authors who bridge the practitioner and academic points of view, and provide insight from their civil and common law backgrounds
• Useful commentary that is accessible to a variety of audiences, including practitioners, academics, students, and others
• Timesaving research tools, including a table of cases and a topical index which will greatly reduce the amount of legwork required when researching a specific case
• Appendices that contain copies of the most important constitutional texts

An Indispensable Tool

This useful reference book is ideally suited to:

• Canadian constitutional lawyers who require the most current information and relevant citations related to this contentious area of the law
• Canadian administrative lawyers who can benefit from the application of constitutional law principles in administrative law as well as government regulations and relations
• Canadian practitioners who need to apply the tenets of constitutional law when appearing before a court, board or tribunal
• Canadian judges and adjudicators who can turn to the guide for valuable assistance in applying the doctrines of constitutional law when rendering decisions
• Law students who need to grasp the importance and fundamentals of constitutional law in Canada

Table of Contents

Part I: Sources of the Constitution
1. Introduction: Sources of Constitutional Law and Institutions
2. Constitutional Amending Procedures
3. The Crown Prerogative, Constitutional Conventions, and the Unwritten Principles of the Constitution
4. Courts, Independence of Judiciary and Judicial Review (ss. 96, 101)
Part II: Division of Powers
5. Division of Powers Analysis: Pith and Substance, Double Aspect, Paramountcy and Interjurisdictional Immunity
6. Peace, Order and Good Government
7. Property and Civil Rights (s. 92(13)) and Provincial Authority in Relation to Local and Private Matters (s. 92(16))
8. Criminal Law – Federal Jurisdiction in Relation to Criminal Law and Procedure – Provincial Jurisdiction in Relation to Court Administration (s. 91(27))
9. Trade and Commerce (s. 91(2)) and Inter-provincial Commerce (s. 121)
10. Taxation and the Raising of Revenue (ss. 91(3), 92(2)) and the Jurisdiction of Parliament Over Banking, Interests and Bankruptcy (ss. 91(15), 91(19), 91(21))
11. Transportation and Communication (s. 92(10))
12. Health Care and the Division of Powers
13. Intellectual Property (ss. 91(22), 91(23))
14. The Environment and Natural Resources (s. 92A)
15. Immigration (s. 95)
16. Family Law: Marriage, Divorce and Solemnization of Marriage (ss. 91(26), 92(12))
Part III: Canadian Charter of Rights and Freedoms
17. Introduction to the Charter: Charter Analysis
18. Application of the Charter (s. 32)
19. Standing to Enforce Charter Rights
20. Limitation of Rights (s. 1)
21. Constitutional Override (s. 33)
22. Fundamental Freedoms (s. 2)
23. Section 7: Life, Liberty, and Security of the Person and the Principles of Fundamental Justice
24. Privacy and Unreasonable Search (s. 8)
25. Section 15 Equality Rights
26. Minority Language Rights (ss. 16 through 23)
27. Mobility Rights (s. 6)
28. Democratic Rights (ss. 3-5)
29. Enforcement of Rights and Remedies (ss. 24, 52)
Part IV: The Constitution and Aboriginal Communities
30. The Constitution and Aboriginal Communities: Section 91(24) and Section 35
Part V: Conclusions and Constitutional Materials
31. Conclusion
Appendix A: Constitution Act, 1867
Appendix B: Constitution Act, 1982

Author/Contributor

Guy Régimbald, B.S.Sc., LL.B., B.C.L. (Oxon.) & Dwight Newman, B.A., J.D., B.C.L., M.Phil., D.Phil.

Guy Régimbald, B.S.Sc., LL.B., B.C.L. (Oxon.), is a partner in the Ottawa office of Gowlings, practising in the areas of constitutional and administrative law, Aboriginal law, copyright law, tax law and general litigation. As a member of the Firm's Supreme Court of Canada Services' Group, he has appeared as counsel or agent before the Supreme Court of Canada in many cases. Guy has also appeared as counsel before all levels of courts and many administrative tribunals. In his constitutional and administrative law practice, he advises clients on issues related to the division of powers and the Canadian Charter of Rights and Freedoms. He also advises clients on other government and regulatory issues (notably in matters of food law and life sciences), including on lobbying requirements that may arise in government relations. His Aboriginal law practice is focussed on Aboriginal and treaty rights, self-government, Aboriginal consultation and accommodation, as well as First Nations taxation. He advises and represents First Nations, Inuit and Métis communities across Canada. Mr. Régimbald's general litigation practice also includes trials and judicial reviews in relation to constitutional and administrative law, copyright law and tax law. Prior to joining Gowlings, Mr. Régimbald was a law clerk for Justice Major and Justice Rothstein at the Supreme Court of Canada and Justice Noel at the Federal Court of Appeal. Mr. Régimbald is a graduate of the University of Ottawa and the University of Oxford. He is a member of the Law Society of Upper Canada and the Barreau du Québec, and he practises law in both official languages. Mr. Régimbald is also the author of Canadian Administrative Law (LexisNexis, 2008), Halsbury's Laws of Canada - Administrative Law (LexisNexis, 2008), Halsbury's Laws of Canada – Division of Powers (LexisNexis, 2011), and co-author of Standards of Review of Federal Administrative Tribunals (4th ed., LexisNexis, 2012).

Dwight Newman, B.A., J.D., B.C.L., M.Phil., D.Phil., is a Professor at the University of Saskatchewan College of Law where he has been on faculty since 2005. He served as Associate Dean from 2006 to 2009. Prior to joining the faculty, he clerked for Chief Justice Lamer and Justice LeBel at the Supreme Court of Canada, worked for NGOs in South Africa and Hong Kong and for the Canadian Department of Justice, and completed his graduate studies at Oxford University, where he studied as a Rhodes Scholar. Dr. Newman has been an Honourary Senior Research Fellow at the University of the Witwatersrand School of Law in South Africa, a Visiting Scholar at the Wits Institute for Social and Economic Research (WISER), and a Visiting Scholar at the McGill Faculty of Law. He is a member of the Ontario and Saskatchewan bars. Dr. Newman has published extensively, including, most recently, Community and Collective Rights: A Theoretical Framework for Rights Held by Groups (Oxford: Hart Publishing, 2011) and the Constitutional Law – Charter of Rights volume of Halsbury's Laws of Canada published by LexisNexis Canada. His writing has been cited by all levels of Canadian courts, including the Supreme Court of Canada.

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