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Supreme Court Law Review, 2nd Series, Volume 94
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This Volume is a collection of papers reviewing noteworthy Constitutional Law decisions of the Supreme Court of Canada released in 2018. The Volume covers cases presented at Osgoode Hall Law School’s 22nd Annual Analysis of the Constitutional Decisions of the Supreme Court of Canada. Major decisions discussed include R. v. Comeau, 2018 SCC 15 and Reference re Pan-Canadian Securities Regulation, 2018 SCC 48 (Division of Powers), Williams Lake Indian Band v Canada (Aboriginal Affairs and Northern Development), 2018 SCC 4 and Mikisew Cree First Nation v Canada (Governor in Council), 2018 SCC 40 (Constitutional Obligations and First Nations).
Table of contents
Part I Introduction
• Jamie Cameron: A Chief and Court in Transition: The Wagner Court and the Constitution
Part II 2019 Laskin Lecture
• Linda Greenhouse: Keynote Address - The U.S. Supreme Court’s Challenge to Civil Society
Part III Division of Powers: The Court Hops into the Futures
• Hoi L. Kong: Comeau and Constitutional Interpretation
• Johanne Poirier: The 2018 Pan-Canadian Securities Regulation Reference: Dualist Federalism to the Rescue of Cooperative Federalism
• Christopher D. Bredt, Ewa Krajewska and Ben Shakinovsky: R. v. Comeau: A Crack In the Wall?
Part IV Constitutional Obligations & First Nations: Past & Present
• Craig Scott: Consultation, Cooperation and Consent in the Commons’ Court: “Manner and Form” after Mikisew Cree II .
• Patricia Burke Wood and David A. Rossiter: The Geography of the Crown: Reflections on Mikisew Cree and Williams Lake
• Richard Ogden: Williams Lake and Mikisew Cree: Update on Fiduciary Duty and the Honour of the Crown
Part V Police Powers and Punishment
• Lisa Kerr and Benjamin L. Berger: Methods and Severity: The Two Tracks of Section 12
• Mabel Lai: A Comment on R. v. Reeves: Investigative Issues with Shared Electronic Devices and Data
• Ryan Liss: Whose Right is it Anyway? Adjudicating Charter Rights in the Context of Multiple Rights Holders
Part VI Equality and Inclusion
• Fay Faraday: One Step Forward, Two Steps Back? Substantive Equality, Systemic Discrimination and Pay Equity at the Supreme Court of Canada
• Richard Moon: The Law Society of British Columbia v. Trinity Western University: Complicated Answers to a Simple Question
Part VII Evidence, Information, and the Criminal Justice System
• Emma Cunliffe: Charter Rights, State Expertise: Testing State Claims to Expert Knowledge
• Emily Hill and Jessica Wolfe: Ewert v. Canada: Shining Light on Corrections and Indigenous People
• Justin Safayeni and Mannu Chowdhury: Bad Ad(Vice): On the Supreme Court’s Approach to Press Freedom, Source Protection and State Interests in R. v. Vice Media Canada Inc.
• Lisa Silver: Vice, Universe, and Everything
Part VIII From Ford to Ford: 30 Years of A Notwithstanding Clause
• François Côté and Guillaume Rousseau: From Ford v. Québec to the Act Respecting the Lacity of the State: A Distinctive Quebec Theory and Practice of the Notwithstanding Clause