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Speakers and Panels | May 8, 2013
The New Constitutional “Indian”

Category: Videos, Speakers and Panels

Challenges, Controversies and Consequences of Daniels v Canada. Who is responsible for the more than 600,000 aboriginal peoples across Canada who are either Metis or live off-reserve — Ottawa or the provinces? This lecture explores this question.

Speakers and Panels | May 8, 2013
Judicial Legitimacy: How it is Gained, How it is Lost

Category: Videos, Speakers and Panels

A comparative look at judicial legitimacy in the United States and Canada.

Speakers and Panels | May 7, 2013
Senate Reform in the 21st Century

Category: Videos, Speakers and Panels

The speakers at the Senate Event addressed the significance of the Government of Canada’s proposed Senate reforms in Bill C-7.

Review of Constitutional Studies | January 1, 2013
Volume 18.2 (2013)

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

In this issue: Constitutionalizing Everything: The Role of “Charter Values”; Marital Rape, Polygamy, and Prostitution: Trading Sex Equality for Agency and Choice?; The Crown’s Powers of Command-in-Chief: Interpreting Section 15 of Canada’s Constitution Act, 1867; Book Review of Caroline Morris “Parliamentary Elections, Representation and the Law”; Book Review of Barry Strayer “Canada`s Constitutional Revolution”

Review of Constitutional Studies | January 1, 2013
Volume 18.1 (2013)

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

In this special issue: Socrates, Odysseus, and Federalism; Building Indigenous Governance from Native Title: Moving away from ‘Fitting in’ to Creating a Decolonised Space; Eagle Soaring on the Emergent Winds of Indigenous Legal Authority; Indigenous Cultural Rights and Identity Politics in Canada; What Does Indigenous Participatory Democracy Look Like? Kahnawakà:ke’s Community Decision Making Process; Book Review of Felix Hoehn “Reconciling Sovereignties. Aboriginal Nations and Canada”

Constitutional Forum | January 1, 2013
Volume 22.3 (2013)

Publication: Constitutional Forum
Category: Forum

A Christian Law School for Canada?; Justice Nadon’s appointment – interpreting the Supreme Court Act; and a more realistic test for challenged election results

Constitutional Forum | January 1, 2013
Volume 22.2 (2013)

Publication: Constitutional Forum
Category: Forum

In this issue: Whose Senate is it anyway?; ‘Old Habits Die Hard’ – Reflections on the Scope of the Royal Prerogative Following Turp v Canada (Minister of Justice); Public Interest Standing, Access to Justice, and Democracy under the Charter: Canada (AG) v Downtown Eastside Sex Workers United Against Violence.

Constitutional Forum | January 1, 2013
Volume 22.1 (2013)

Publication: Constitutional Forum
Category: Forum

This is a special issue featuring eight of the twelve papers submitted from the 2012 Constitutional Symposium. At the Symposium legal academics and practitioners provided stimulating and thought provoking updates on recent jurisprudence in the constitutional area, focusing on Charter sections 2, 7 and 15, the division of powers, aboriginal rights and the Charter, and criminal law.

Speakers and Panels | October 18, 2012
David Frum “Judicial Legitimacy: How it is Gained, How it is Lost”

Category: Videos, Speakers and Panels

24th Annual McDonald Lecture in Constitutional Studies. A comparative look at judicial legitimacy in the United States and Canada. David Frum is a contributing editor at Newsweek and The Daily Beast and a CNN contributor. He is the author of seven books, including most recently, his first novel Patriots, published in April 2012.

Articles | Kristen Pue | August 17, 2012
Reference re: Secession of Quebec, in Context

Category: Democratic Governance

Articulating Canada’s Underlying Constitutional Principles, Examining the Right to Self-Determination, Confronting the Court’s Limits in Dealing with Political Matters In Canada, the federal Government has the power to ask the Supreme Court of Canada for its opinion on a legal

Articles | Kristen Pue | August 8, 2012
“Trojan Horse”: Opposition’s Procedural Odyssey with Omnibus Bill C-38

Category: Democratic Governance

As the spring 2012 House of Commons session drew to a close, a bi-annual budget implementation bill was the subject of an atypical spectacle. With the NDP serving as the Official Opposition in a majority Parliament situation, opposition MPs unfurled

Articles | Leah McDaniel | August 8, 2012
The Reference Procedure: The Government’s Ability to Ask the Court’s Opinion

Category: Democratic Governance

TABLE OF CONTENTS 1. Introduction a. What is the “reference procedure”? b. The history of the reference procedure 2. The Scope of the Reference Power: the Modern Statutory Scheme a. The Supreme Court Act and provincial equivalents b. Who can ask a reference

Articles | Leah McDaniel | August 7, 2012
R v Willier (2010): Does the Right to Counsel Include a Right to a Specific Lawyer?

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

INTRODUCTION In R v Willier,[1] the Supreme Court of Canada considered the limits and scope of the Charter of Rights and Freedoms guarantee to a lawyer in the event of arrest or detention. The case was one of three cases[2]decided by the Supreme Court

Articles | Leah McDaniel | August 7, 2012
Carter v Canada (Attorney General) (2012): B.C. Court Rules that Ban on Assisted Suicide is Unconstitutional

Category: The Charter, Legal Rights (Sections 7-14), Equality Rights (Section 15)

INTRODUCTION On June 15, 2012, the Supreme Court of British Columbia rendered its long-awaited decision in Carter v Canada (Attorney General),[1] a case that considers whether a full prohibition on assisted suicide is contrary to the Canadian Charter of Rights and Freedoms. Under section

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