Supreme Court Law Review, 2nd Series, Volume 78

This special volume of 15 papers celebrates the 150th anniversary of Canada's Constitutional Act by examining the role of the court in the development of three areas fundamental to the nation: Canadian federalism, the Charter of Rights, and Private Law.
Publication Language: English
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ISBN/ISSN: 9780433493594

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This special volume of 15 papers celebrates the 150th anniversary of Canada's Constitutional Act by examining the role of the court in the development of three areas fundamental to the nation: Canadian federalism, the Charter of Rights, and Private Law. The papers analyze the impact of the judiciary on areas that are integral to Canada as a nation built on the Rule of Law.

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Table of contents

PART I: THE STRUCTURE OF FEDERALISM
The Supreme Court and Parliament: Evolving Roles and Relationships – Lorne Neudorf
The Supreme Court and the Conventions of the Constitution – Leonid Sirota
From Subservient Officers of the Crown to Independent Servants of the People: The Supreme Court of Canada’s Perceptions of Itself – Adam Dodek
The Court and Administrative Law: Models of Rights Protection – Paul Daly
L’allégorie d’une Cour suprême complice de trudeauisme : relecture des prismes de l’arrêt Ford – Fréderic Bérard
Speakers, Witnesses and Blanketing: The Need to Look Beyond the Courts to Achieve Reconciliation – Sarah Morales
Aboriginal Title in the Supreme Court of Canada – Cherie Metcalf

PART II: THE CHARTER OF RIGHTS
“A Principle of Vital Importance”: The Supreme Court of Canada’s Approach to Purposeful Limits on Expression in Section 2(B) – Peter Carver
The Court and Freedom of Religion – Howard Kislowicz
Of Promise and Peril: The Court and Equality Rights – Daphne Gilbert & Jena McGill
Fundamental Justice – Mark Carter
Language Rights and the Political Compromise Doctrine – Matthew P Harrington

PART III: PRIVATE LAW & COMMERCE
The Supreme Court of Canada and the Law of Tort – Lewis Klar
Property Law and the Supreme Court: Of Gardens and Fields – Bruce Ziff
The Supreme Court on the Relationship Between the General Law and Collective Labour Relations Regimes: 1875-2016 – Finn Makela