Supreme Court Law Review, 2nd Series, Volume 104
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This Volume is a collection of papers reviewing noteworthy Constitutional Law decisions of the Supreme Court of Canada released in 2020. The Volume covers cases presented at Osgoode Hall Law School’s 24th Annual Analysis of the Constitutional Decisions of the Supreme Court of Canada. Major decisions discussed include:
- Fraser v Canada, 2020 SCC 28
- Reference re Genetic Non-Discrimination Act, 2020 SCC 17;
- Newfoundland and Labrador (Attorney General) v. Uashaunnuat (Innu of Uashat and of Mani Utenam), 2020 SCC 4
The volume also includes an overview of the major cases, a keynote by the Honorable Sheilah Martin on the Power of Advocacy and a set of reflections on the contributions of noted constitutional advocate Joseph Arvay.
This collection is divided into five parts:
- Part I: Introduction
- Part II: Questions of Jurisdiction
- Part III: Keynote by the Honorable Sheilah Martin
- Part IV: Interpreting the Charter of Rights and Freedoms
- Part V: Living Constitutional Justice: In Memory of Joseph J. Arvay, OC, QC
Table of contents
Table of Cases
Part I: Introduction
Bruce Ryder — Triage and Dissensus at the Supreme Court of Canada: A Review of the Court’s 2020 Constitutional Decisions
Part II: Questions of Jurisdiction
Sophie Thériault — Indigenous Peoples’ Transboundary Claims, Access to Justice, and the Canadian Constitutional Structure: The Uashaunnuat Case
Hoi L. Kong — Reference Re: Genetic Non-Discrimination Act: How to Make Space for Some Certainty
Eric M. Adams — Touch of Evil: Disagreements at the Heart of the Criminal Law Power
Part III: Keynote by the Honorable Sheilah Martin
The Honorable Sheilah Martin — “The Power of Advocacy”
Part IV: Interpreting the Charter of Rights and Freedoms
Carissima Mathen — Equality before the Charter: Reflections on Fraser v. Canada (Attorney General)
Ravi Amarnath and Courtney Harris — Rigour Required: Recent Direction from the Supreme Court of Canada on Binding and Non-Binding Sources of International Law in Charter Interpretation
Part V: Living Constitutional Justice: In Memory of Joseph J. Arvay, OC, QC
Alison M. Latimer, Q.C. and Benjamin L. Berger — A Plumber with Words: Seeking Constitutional Responsibility and an End to the Little Sisters Problem
Kent Roach — Joe’s Justice: Substantive, Procedural and Remedial Equality