Supreme Court Law Review, 2nd Series, Volume 88
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This Volume is a collection of papers reviewing noteworthy Constitutional Law decisions of the Supreme Court of Canada released in 2017. The Volume covers cases presented at Osgoode Hall Law School's 21st Annual Analysis of the Constitutional Decisions of the Supreme Court of Canada. Major decisions discussed include Ktunaxa Nation v. BC, 2017 SCC 54 (indigenous rights under the Charter), R. v. Cody, 2017 SCC 31 and R. v. Marakah, 2017 SCC 59 (criminal justice), and Ernst v. Alta. Energy Regulator, 2017 SCC 1 (constitutional remedies).
Table of contents
• Lorne Sossin: Constitutional Cases 2017: An Overview
• Jeffery G. Hewitt: Land Acknowledgment, Scripting & Lessons from Julius Caesar
Part I: The Changing Court and Court Dynamics
• Vanessa A MacDonnell: Justice Suzanne Côté’s Reputation as a Dissenter on the Supreme Court of Canada
Part II: Frontiers of Privacy
• Gerald Chan: Text Message Privacy: Who Else Is Reading This?
• Andrea Slane: There Is a There There: Forum Selection Clauses, Consumer Protection and the Quasi-Constitutional Right to Privacy in Douez v Facebook
Part III: Indigenous Justice and the Administrative State
• Kate Glover Berger: Diagnosing Administrative Law: A Comment on Clyde River and Chippewas of the Thames First Nation
• Janna Promislow: Delegation, deference, and difference: In search of a principled approach to implementing and administering Aboriginal rights
Part IV: The Scope of Charter Rights and Redress
• Joseph Cheng and Andrew Law: Ernst v Alberta Energy Regulator: A “Frack-tious” Divide on Statutory Immunities and Charter Damages
• Howard Kislowicz and Senwung Luk: Re-contextualizing Ktunaxa Nation v British Columbia: Crown Land, History, and Indigenous Religious Freedom
• Alison M. Latimer: Constitutional Conversation
• Mike Pal: BC FIPA, Mandatory Registration Rules, and Limits on Third Party Political Expression Under the Charter
Part V: Understandings of Fundamental Justice
• Joanna Harrington: Extradition, Assurances, and Human Rights: Guidance from the Supreme Court of Canada in India v Badesha
• Hamish Stewart: Association of Justice Counsel: The Section 7 Liberty Interest in the Context of Employment
Part VI: The Legacy and Contributions of Beverley McLachlin
• Jamie Cameron: McLachlin’s Law: In All its Complex Majesty
• Mahmud Jamal: Chief Justice McLachlin and the Division of Powers
• Debra Parkes: Punishment and Its Limits