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Supreme Court Law Review, 2nd Series, Volume 76

This Volume is a collection of papers reviewing noteworthy Constitutional Law decisions of the Supreme Court of Canada released in 2015. The Volume covers cases presented at Osgoode Hall Law School's 19th Annual Analysis of the Constitutional Decisions of the Supreme Court of Canada.
Publication Language: English
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$295.00
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Hardcover | 464 pages

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ISBN/ISSN: 9780433490685

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This Volume is a collection of papers reviewing noteworthy Constitutional Law decisions of the Supreme Court of Canada released in 2015. The Volume covers cases presented at Osgoode Hall Law School's 19th Annual Analysis of the Constitutional Decisions of the Supreme Court of Canada. Major decisions discussed include Carter v. Canada (Attorney General) (assisted dying) and R. v. Nur (mandatory minimum sentence).

 

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Table of contents

OVERVIEW
1. Lorne Sossin – Constitutional Cases 2015: An Overview

PART I: DIRECTIONS IN COOPERATIVE FEDERALISM
2. Eric M. Adams – Judging the Limits of Cooperative Federalism
3. Kate Glover – Structural Cooperative Federalism
4. Warren J. Newman – The Promise and Limits of Cooperative Federalism as a Constitutional Principle

PART II: LIBERTY, LIFE & JUSTICE
5. David Lepofsky – Carter v. A.G. Canada (Attorney General) , The Constitutional Attack on Canada's Ban on Assisted Dying: Missing an Obvious Chance to Rule on the Charter's Disability Equality Guarantee
6. Colin Grey – Thinkable: The Charter and Refugee Law after Appulonappa and B010

PART III: ACTORS AND INSTITUTIONS OF CRIMINAL JUSTICE
7. Dr. Emma Cunliffe – Henry v British Columbia: Still Seeking a Just Approach to Damages for Wrongful Conviction
8. Amy Salyzyn – A False Start in Constitutionalizing Lawyer Loyalty in Canada (Attorney General) v. Federation of Law Societies of Canada
9. Hart Schwartz and Anthony Robert Sangiuliano – The Pragmatic Limits of Access to Justice

PART IV: THE CONSTITUTION AND COMMUNITIES
10. Víctor M. Muñiz-Fraticelli – Mouvement laïque québécois v Saguenay: Neutrality and Narrative
11. Jonnette Watson Hamilton and Jennifer Koshan – Kahkewistahaw First Nation v. Taypotat: An Arbitrary Approach to Discrimination
12. Nicolas M. Rouleau – Caron, Carter, and Bedford at the Supreme Court of Canada: Society Can Change But History Will Always Stay the Same

PART V: THE BOUNDARIES OF CRIMINAL LAW: CRIME AND PUNISHMENT
13. Christopher Sherrin – R v Smith and Judicially Reviewing the Scope of Criminal Law under the Charter
14. Steven Penney – "Chartering" in the Shadow of Lochner: Guindon, Goodwin and the Criminal-Administrative Distinction at the Supreme Court of Canada
15. Janani Shanmuganathan – R. v. Nur: A Positive Step but not the Solution to the Problem of Mandatory Minimums in Canada

PART VI: ELECTORAL REFORM: CONSTITUTIONAL CONSTRAINTS AND COMPARATIVE PERSPECTIVES
16. Yasmin Dawood – The Process of Electoral Reform in Canada: Democratic and Constitutional Constraints
17. Michael Pal – Constitutional Amendment After the Senate Reference and the Prospects for Electoral Reform
18. Emmett Macfarlane – Constitutional Constraints on Electoral Reform in Canada:Why Parliament is (Mostly) Free to Implement a New Voting System