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The second edition of The Law of the Canadian Constitution is a complete picture of constitutional law and the Canadian Charter of Rights and Freedoms. This comprehensive text, written for practitioners and adapted for students provides fresh and current insights, up to date case law, and expert commentary and analysis of current and emerging issues in Constitutional Law.
New in this Edition
Extensively revised and updated content and commentary including:
New commentary on the independence of the judiciary and the three guarantees: security of tenure, financial security and administrative independence
New discussion of three key concepts of Division of Powers analysis:
"double-aspect" (where a subject may fall under both S.91 and S.92 due to having more than one aspect and purpose) and Ancillary Effects with respect to the assignment of a subject to a legislative head of power;
two-part test for determining whether the principle of paramountcy applies with respect to the divisions of powers between Federal and Provincial authorities, including coverage of the SCC cases Alberta (Attorney General) v. Moloney and Saskatchewan (Attorney General) v. Lemare Lake Logging Ltd.
Coverage of SCC cases relating to the application of the principle of Interjurisdictional Immunity
Discussion of s. 121 and barriers to interprovincial trade including the Comeau decision
Commentary on Goodwin v. British Columbia (Superintendent of Motor Vehicles) and provincial jurisdiction and parliamentary power over criminal law
New commentary on Family Law and sections 91(26), 92(12)
Commentary on definition of the term "Indians" due to recent SCC case Daniels with respect to Métis communities
Coverage of the Tsilhqot'in Nation decision by the SCC regarding test for Aboriginal title in the context of historically mobile communities
Analysis of Freedom of Religion SCC decisions in the Loyola High School case and the Saguenay case
Extensive revision on the structure of a Charter Claim: Charter values and Administrative decisions
New section on Changing Charter Precedents
New commentary on the Oakes test and proportionality analysis
New content and commentary on Indigenous Religious Freedom
New privacy analysis on access to information on technological devices
Extensive commentary on the SCC decision in Taypotat concerning educational requirements of First Nations leadership
Coverage of the SCC decision in Association des parents de l'école Rose-des- vents v. British Columbia(Education), discussing whether a minority language school was "equivalent" to majority language schools
Coverage of the SCC decision in the Whatcott case pertaining to developments in the interpretation of freedom of expression
Significant new discussion on the "2015 labour trilogy" of SCC cases pertaining to section 2(d) of the Charter protecting freedom of association
Discussion of the recent Ontario Court of Appeal and SCC rulings in the R. v Michaud case which used S.1of the Charter to justify a breach of S.7 (Life, Liberty and Security of the Person) of the Charter
Coverage of SCC decisions in Bedford and Carter with analysis on S.7 application to security of the person, principles of fundamental justice,gross disproportionality; and the Charter in the specific context of S.7 and Assisted Suicide
New commentary on enforcement of Charter rights, including limitation periods and Charter damages
