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Supreme Court Law Review, 2nd Series, Volume 100

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.
Publication Language: English
Book
$245.00
Quantity

Hardcover | 344 pages

In Stock
Published: February 05, 2021
ISBN/ISSN: 9780433509820

Product description

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
 

Featured Authors

Table of contents

Abstracts
Contributors
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