Author(s)

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ISBN: 9781552214404

Category:

Constitutional Law, 5/e

The fifth edition of Constitutional Law represents a significant update of the fourth edition, published in 2013. During this period, the Supreme Court of Canada has continued to develop the jurisprudence in all areas of constitutional law, including freedom of association, equality rights, Indigenous title, and inter-jurisdictional immunity. This book includes the complete text of the Canadian Constitution, including explanatory footnotes as consolidated by the federal Department of Justice.

Professor Monahan authored the first three editions of this text, and invited Mr. Byron Shaw to join him as a co-author for the fourth edition. Mr. Padraic Ryan has now joined in this most recent revision. As with earlier editions, the aim of this text is to provide lawyers, academics, and law students with a general introduction to, and overview of, the basic elements of the Canadian Constitution. The authors discuss issues in sufficient detail so that the book will be of value to lawyers who encounter constitutional issues in their daily practice. Constitutional Law has been cited with approval by provincial and territorial appellate courts, as well as by the Supreme Court of Canada.

Patrick J. Monahan

Patrick Monahan is Deputy Attorney General of Ontario and a Professor of Law (on leave) from Osgoode Hall Law School of York University, where he served as Dean from 2003–2009. He also served as Vice President Academic and Provost of York University from 2009–2012. He has written widely on constitutional and public policy issues and was awarded the David Mundell Medal for excellence in legal writing in 2008.

Byron Shaw

Byron Shaw is a partner in the litigation group at McCarthy Tétrault LLP in Toronto. His practice includes corporate and commercial litigation, class actions, constitutional and administrative law, and professional liability. He has appeared before the Supreme Court of Canada, all levels of court in Ontario, the federal courts and various administrative tribunals. He received his BA (Hons) in economics and his LLB from the University of British Columbia and clerked for the Ontario Court of Appeal in 2008–2009. He has published widely in the areas of constitutional law, conflict of laws, administrative law, and private law.

Padraic Ryan

Padraic Ryan is counsel at the Constitutional Law Branch of the Ontario Ministry of the Attorney General. After being called to the Ontario bar in 2012, he clerked at the Federal Court and the Constitutional Court of South Africa. He has argued Charter, federalism, and Human Rights Code cases before the Court of Appeal for Ontario, the Divisional Court, and the Human Rights Tribunal of Ontario, and has appeared before the Supreme Court of Canada in interventions concerning constitutional law.

Chapter Title Abstract Contributors Pages Year Price

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Definition, history and characteristics of the Canadian Constitution. ; ; 25 $2.50

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Review of the development of representative and responsible government in Canada before Confederation. ; ; 21 $2.10

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Analysis from a modern perspective of the executive and legislative power derived from the Constitution Act, 1867. ; ; 54 $5.40

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Analysis of judicial power and the structure of the federal state derived from the Constitution Act, 1867. ; ; 57 $5.70

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Review of constitutional amendments between the enactment of the British North America Act, 1867 and the Canada Act, 1982. ; ; 23 $2.30

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Analysis of the procedures for amending the Constitution of Canada and the political consequences of not having Quebec consent to the 1982 constitutional changes. ; ; 52 $5.20

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Review of how constitutional cases decided by the Judicial Committee of the Privy Council interpreted the division of legislative powers and affected the subsequent development of shared jurisdiction. ; ; 20 $2.00

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Analysis of the concept of Peace, Order and Good Government under the branches of emergency, residual, national concern, and interprovincial concern. ; ; 23 $2.30

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Examination of the Supreme Court’s expansion of the federal power over trade and commerce, particularly in relation to regulation of trade affecting the whole dominion. ; ; 38 $3.80

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Review of case law interpreting the provincial power over property and civil rights. ; ; 24 $2.40

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Review of case law interpreting the divided federal and provincial responsibility for the criminal justice system. ; ; 27 $2.70

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Examination of constitutional provisions allocating between the federal and provincial governments jurisdiction over transportation. ; ; 31 $3.10

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Historical review of the enactment of the Canadian Charter of Rights and Freedoms and an overview of its application and effect. ; ; 41 $4.10

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Overview of how the Supreme Court has interpreted fundamental freedoms, democratic rights, mobility rights, legal rights, equality rights and language rights in the Charter context. ; ; 23 $2.30

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Analysis of the nature, sources and constitutional status of indigenous rights. ; ; 44 $4.40

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Discussion of the imbalance between the roles of the executive and the legislature and the effect of Quebec’s constitutional status on current Canadian politics. ; ; 9 $0.90

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Glossary of terms related to Canadian constitutional law. ; ; 8 $0.80