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Articles | Dorian Simonneaux | June 2, 2016
O Canada: in all of us command?

Category: The Charter, Equality Rights (Section 15)

The lyrics to “O Canada” are considered by some to be immutable, an integral part of Canadian identity. Yet throughout their history they have not been spared from significant amendment.[1] Liberal MP Mauril Bélanger’s recent private member’s bill[2] is but

Articles | Matthew Schneider | June 1, 2016
Removal of Objections to UNDRIP: Repercussions at Home and Abroad

Category: Aboriginal Rights

  On Tuesday, May 10, 2016 Canada removed its objections to the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP).[1] UNDRIP may significantly alter the legal framework of Aboriginal rights and title in Canada, but this continues to

Articles | Juliana Ho | February 16, 2016
Right Not to Face Cruel and Unusual Punishment

Category: The Charter, Legal Rights (Sections 7-14)

Introduction Section 12 of the Canadian Charter of Rights and Freedoms protects against “any cruel and unusual treatment or punishment.” Like other Charter rights, section 12 can only be triggered by government action. For example, a parent using corrective force

Review of Constitutional Studies | January 1, 2016
Volume 21.2 (2016)

Publication: Review of Constitutional Studies/Revue d’études constitutionnelles
Category: Review

The following are the articles in this special issue: The Environmental, Democratic, and Rule-of-Law Implications of Harper’s Environmental Assessment Legacy; Enduring Eliminatory Logics, Market Rationalities, and Territorial Desires: Assessing the Harper Government’s Legacy Concerning Aboriginal Rights; A Failed Discourse of Distrust Amid Significant Procedural Change: The Harper Government’s Legacy in Immigration and Refugee Law; Plus ça Change? Labour-Relations Policy from Harper to Trudeau’ Harper’s Legacy on Federalism: “Open Federalism” or Hidden Agenda?; Book Notes

Review of Constitutional Studies | January 1, 2016
Volume 21.1 (2016)

Publication: Review of Constitutional Studies/Revue d’études constitutionnelles
Category: Review

In this special issue on “Politics and the Constitution: A Comparative Approach,” the authors discuss a collection of papers presented at a workshop held at the University of Ottawa in July 2015.

Review of Constitutional Studies | January 1, 2016
Volume 20.2 (2016)

Publication: Review of Constitutional Studies/Revue d’études constitutionnelles
Category: Review

In this issue: Dividing Power in the First and Second British Empires: Revisiting Durham’s Imperial Constitution; Providing Essential Services of Reasonable Quality to All Canadians: Understanding Section 36(1)(c) of the Constitution Act, 1982; Judicial Justices of the Peace and Judicial Independence in Canada; Placing Vulnerability at the Centre of Section 15(1) of the Charter: A Case Comment on Inglis v British Columbia (Minister of Public Safety); Book Review – An Inquiry into the Existence of Global Values through the Lens of Comparative Constitutional Law; Book Notes

Constitutional Forum | January 1, 2016
Volume 25.3 (2016)

Publication: Constitutional Forum
Category: Forum

SPECIAL ISSUE – The State of Canada’s Constitutional Democracy This Special Issue of the Forum is a collection of articles presented at a Symposium held at the University of Toronto in February 2016 on “The State of Canada’s Constitutional Democracy”.

Constitutional Forum | January 1, 2016
Volume 25.2 (2016)

Publication: Constitutional Forum
Category: Forum

SPECIAL ISSUE – 2015 Annual Constitutional Symposium Papers This Special Issue of the Forum is a compelling compilation of papers presented at the Annual Constitutional Symposium organized by the Centre for Constitutional Studies in October 2015. Articles can be read below. Trinity Western Law

Constitutional Forum | January 1, 2016
Volume 25.1 (2016)

Publication: Constitutional Forum
Category: Forum

Volume 25.1 – Reflections on Federalism, Nationalism, and Distinctive Indigenous Identity; Comparing Canadian and Colombian Approaches to the Duty to Consult; Discussing Judicial Activism at Canadian and American Supreme Court Nomination Hearings This latest issue of the Forum includes the

Articles | November 24, 2015
Part I: What is Magna Carta?

Category: Democratic Governance

This article was written by a law student for the general public. Introduction 2015 is the 800-year anniversary of Magna Carta, a medieval agreement that limited the English king’s power. It has been popularly thought of as a symbol of

Articles | November 23, 2015
Part II: Magna Carta and Canada’s Constitution

Category: Democratic Governance

This article was written by a law student for the general public. Introduction Magna Carta is not formally part of Canada’s Constitution, but it played an important role in its creation. Concepts such as the rule of law and many

Articles | October 27, 2015
Trinity Western University v. Ontario and Nova Scotia

Category: The Charter, Fundamental Freedoms (Section 2)

This article was written by a law student for the general public. Introduction The Canadian Charter of Rights and Freedoms protects some of our basic human rights. However, those rights can sometimes conflict with one another. While one group might

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