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Supreme Court Law Review, 2nd Series, Volume 100
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This Volume is a collection of papers reviewing noteworthy Constitutional Law decisions of the Supreme Court of Canada released in 2019. The Volume covers cases presented at Osgoode Hall Law School’s 23rd Annual Analysis of the Constitutional Decisions of the Supreme Court of Canada. Major decisions discussed include Frank v. Canada, 2019 SCC 1 (Section 1 of Charter), Canada (Public Safety and Emergency Preparedness) v. Chhina, 2019 SCC 29 (Immigration Exceptionalism in Canadian Charter Jurisprudence), Fleming v. Ontario, 2019 SCC 45 (Police Powers), Desgagnés Transport Inc. v. Wartsila Canada Inc., 2019 SCC 58 (Jurisdiction in Maritime Matters) and Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65 (Public Law, Administrative Law).
This collection is divided into five parts:
- Part I: Climate Change and the Constitution
- Part II: Democracy and Dissent
- Part III: New Directions in Arrest and Detention
- Part IV: Division of Powers Under Pressure
- Part V: The Administrative Law Trilogy: Reviewing the Standard
Table of contents
Table of Cases
Introduction – 2019 Constitutional Cases at the Supreme Court: Up Close and in Person — Sonia Lawrence
Part I: Climate Change and the Constitution
Climate Change Class Actions in Canada — Jasminka Kalajdzic
Saving the Planet Doesn’t Mean You Can’t Save the Federation: Greenhouse Gases Are Not a Matter of National Concern — Josh Hunter
Part II: Democracy and Dissent
The Frank Dissent’s Novel Theory of the Charter: The Rhetoric and the Reality — Jacob Weinrib
The Right to Vote and Freedom of Expression in Political Process Cases Under the Charter — Yasmin Dawood
Sidestepping the Charter, Again: Muting the Right to Habeas Corpus in Canada (Public Safety and Emergency Preparedness) v. Chhina — Jared Will
Part III: New Directions in Arrest and Detention
Ending The Erasure?: Writing Race Into the Story of Psychological Detentions – Examining R. v. Le — Amar Khoday
Policing Arbitrariness: Fleming v. Ontario and the Ancillary Powers Doctrine — Terry Skolnik & Vanessa MacDonnell
Part IV: Division of Powers Under Pressure
The Supreme Court on Federalism, Bankruptcy and Maritime Law — Stephanie Ben-Ishai
Of Dominant Tides: Desgagnés Transport Inc. v. Wartsila Canada Inc. and the Growing Acceptance of Provincial Jurisdiction in Maritime Matters — Sean Hanley and Sean Pierce
Part V: The Administrative Law Trilogy: Reviewing the Standard
Seven out of Nine Legal Experts Agree: Expertise No Longer Matters (in the Same Way) after Vavilov! — Audrey Macklin
The Impact of Vavilov: Reasonableness and Vulnerability — Justice Lorne Sossin
Vavilov and the Culture of Justiﬁcation in Contemporary Administrative Law — Paul Daly