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The Court and the Constitution

Leading Cases, 2nd Edition

The Court and The Constitution: Leading Cases, 2nd Edition is a revised and updated collection of edited decisions from the Supreme Court of Canada. These landmark rulings are organized to reflect the different core areas of Canadian constitutional law: the division of powers, constitutional change, Aboriginal rights, and rights and freedoms.

Each case has a concise introduction that provides context and an overview of key themes and issues to consider in the decision that follows. Cases are accompanied by discussion questions intended to promote classroom debate and further study.

This text also features additional cases posted online and a detailed bibliography for supplementary reading, making it a unique resource that is invaluable to anyone studying Canadian law and constitutionalism.

Contributors

Tom Bateman

Thomas Bateman is Associate Professor and Chair of the Department of Political Science at St. Thomas University in Fredericton.

Janet Hieber

Janet Hiebert is a Professor in the Department of Political Studies at Queen’s University in Kingston.

Rainer Knopff

Rainer Knopff is a Professor in the Department of Political Science at the University of Calgary.

Peter Russell

Peter H. Russell is Professor of political science (Emeritus) at the University of Toronto.

Chapter Title Contents Contributors Pages Year Price

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 Book introduction. ; ; ; 39 $3.90

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 Introduction to the impact of decisions made by the Judicial Committee of the Privy Council ; ; ; 4 $0.40

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 The Judicial Committee of the Privy Council ruled that under the British North America Act each province retained its independence and autonomy and was not subject to a central authority of the … ; ; ; 3 $0.30

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 The Judicial Committee of the Privy Council ruled that the federal power to enact laws for the peace, order and good government of Canada ought to be strictly confined to such matters as are … ; ; ; 6 $0.60

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 The Judicial Committee of the Privy Council struck down the federal Industrial Disputes Investigation Act on the ground that the subject matter fell within exclusive provincial jurisdiction as … ; ; ; 4 $0.40

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 The Judicial Committee of the Privy Council struck down the federal Employment and Social Insurance Act on the ground that in pith and substance it was an insurance act affecting the civil rights … ; ; ; 4 $0.40

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 The Judicial Committee of the Privy Council struck down the federal Employment and Social Insurance Act on the ground that in pith and substance it was an insurance act affecting the civil rights … ; ; ; 5 $0.50

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 The Judicial Committee of the Privy Council relied on the Statute of Westminster to uphold the right of the federal parliament to enact legislation abolishing appeals to the Judicial Committee … ; ; ; 6 $0.60

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 Introduction to key Supreme Court decisions since 1949 ; ; ; 3 $0.30

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 A majority of the Supreme Court of Canada upheld the federal Anti-Inflation Act on the ground that the government was justified in intervening in an economic crisis amounting to an emergency, … ; ; ; 13 $1.30

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 A majority of the Supreme Court of Canada upheld enabling statutory provisions of the Canadian Environmental Protection Act, empowering federal ministers to determine what substances are toxic to … ; ; ; 15 $1.50

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 The Supreme Court of Canada unanimously upheld provisions of the Alberta Insurance Act, making federally chartered banks subject to the provincial licensing scheme governing promotion of … ; ; ; 11 $1.10

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 The Supreme Court of Canada unanimously held that a proposed federal Securities Act was invalid under Parliament’s general trade and commerce power, but did not rule out the possibility of … ; ; ; 5 $0.50

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 A divided Supreme Court of Canada ruled that most provisions of the federal Assisted Human Reproduction Act were an invalid intrusion on provincial jurisdiction by attempting to regulate … ; ; ; 6 $0.60

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 Introduction to key Supreme Court decisions related to the Constitution ; ; ; 8 $0.80

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 The Judicial Committee of the Privy Council unanimously ruled that "persons" in section 24 of the British North America Act included both men and women and that as such, women were … ; ; ; 5 $0.50

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 A majority of the Supreme Court of Canada, on appeals from constitutional references initiated in three provinces, held that as a matter of law the federal government was able to amend the … ; ; ; 28 $2.80

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 A majority of the Supreme Court of Canada, on appeals from constitutional references initiated in three provinces, held that as a matter of law the federal government was able to amend the … ; ; ; 12 $1.20

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 The Supreme Court of Canada unanimously decided that the majority of changes to the Senate contemplated in a direct reference from the federal government could only be achieved through … ; ; ; 11 $1.10

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 A majority of the Supreme Court of Canada ruled that a supernumerary judge of the Federal Court of Appeal was ineligible to be appointed to the Supreme Court as a representative from Quebec … ; ; ; 11 $1.10

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 Introduction to key Supreme Court decisions related to Indigenous Peoples ; ; ; 5 $0.50

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 The Supreme Court of Canada was equally divided on an appeal by representatives of the Nishga Indian Tribe dismissing their action for a declaration that the aboriginal title to their territory … ; ; ; 9 $0.90

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 The Supreme Court of Canada unanimously upheld the setting aside of a conviction for fishing contrary to terms of an Indian band’s food fishing licence, and the order for a new trial on the … ; ; ; 10 $1.00

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 In a ruling on an aboriginal land claim in British Columbia, the Supreme Court of Canada set out tests for proof of aboriginal title and for justification by the federal and provincial … ; ; ; 13 $1.30

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 A majority of the Supreme Court of Canada ruled that certain prohibitions on fishing in two federal regulations were invalid as being inconsistent with treaty rights under the Mi’kmaq … ; ; ; 15 $1.50

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 The Supreme Court of Canada set out a general framework for the duty on the Crown to consult with Aboriginal peoples and accommodate their interests, and held that such duty does not extend to … ; ; ; 10 $1.00

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 A majority of the Supreme Court of Canada declared that the federal Crown failed to implement the land grant provision in section 31 of the Manitoba Act, 1870 in accordance with the honour of the … ; ; ; 8 $0.80

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 The Supreme Court of Canada set out a test for establishing aboriginal title and determined what rights it confers plus what the Crown’s duties are. ; ; ; 10 $1.00

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 Introduction to key Supreme Court decisions related to individual rights and freedoms. ; ; ; 21 $2.10

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 Two members of the Supreme Court of Canada, in holding that the Act to ensure the Publication of Accurate News and Information was beyond the constitutional authority of Alberta legislature, … ; ; ; 6 $0.60

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 A majority of the Supreme Court of Canada held that the Quebec premier was liable under the Civil Code for damages for purporting to authorize and instruct the manager of the Quebec Liquor … ; ; ; 6 $0.60

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 The Supreme Court of Canada struck down a Quebec law requiring public signs and posters and commercial advertising to be in French only, and allowing only the French version of a firm name to be used. ; ; ; 19 $1.90

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 The Supreme Court of Canada ruled that while the obscenity provisions of the Criminal Code infringed the right to freedom of expression, they were justified as a reasonable limit under the … ; ; ; 15 $1.50

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 A divided Supreme Court of Canada issued several opinions on whether a law prohibiting advertising and promotion of tobacco products and the requirement on tobacco manufacturers to place an … ; ; ; 12 $1.20

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 The Supreme Court of Canada upheld the right of a Sikh student to wear a kirpan to high school on the basis of freedom of religion. ; ; ; 11 $1.10

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 A majority of the Supreme Court of Canada held that a law prohibiting designated employees from participating in a strike substantially interfered with a right to a meaningful process of … ; ; ; 9 $0.90

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 A majority of the Supreme Court of Canada held that a law prohibiting designated employees from participating in a strike substantially interfered with a right to a meaningful process of … ; ; ; 13 $1.30

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 In striking down a section of the Narcotic Control Act that presumed possession for the purpose of trafficking, the Supreme Court of Canada established a test to determine whether a limit on a … ; ; ; 7 $0.70

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 A majority of the Supreme Court of Canada held that provisions of the Criminal Code governing the production of private records to an accused in sexual offence proceedings did not violate the … ; ; ; 14 $1.40

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 The Supreme Court of Canada upheld a conviction for unlawfully producing, possessing and trafficking in a controlled substance based partly on evidence from the accused’s garbage, on the … ; ; ; 8 $0.80

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 A majority of the Supreme Court of Canada set out a test as to when a witness who for sincere religious reasons wishes to wear a niqab while testifying in a criminal proceeding would be required … ; ; ; 9 $0.90

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 A majority of the Supreme Court of Canada struck down mandatory minimum sentences for convictions for possessing prohibited or restricted firearms with readily accessible ammunition as … ; ; ; 11 $1.10

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 A majority of the Supreme Court of Canada struck down mandatory minimum sentences for convictions for possessing prohibited or restricted firearms with readily accessible ammunition as … ; ; ; 13 $1.30

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 A majority of the Supreme Court of Canada, for various reasons in three opinions, struck down provisions of the Criminal Code making it an offence to procure a miscarriage. The dissenting opinion … ; ; ; 15 $1.50

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 A majority of the Supreme Court held that a provincial law prohibiting Quebeckers from taking out private insurance for services available under the public health care plan infringed the Quebec … ; ; ; 21 $2.10

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 The Supreme Court of Canada unanimously held that the Insite safe injection facility in Vancouver is subject to the valid criminal scheme of the Controlled Drugs and Substances Act, but ordered … ; ; ; 9 $0.90

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 The Supreme Court of Canada unanimously held that provisions of the Criminal Code prohibiting bawdy-houses, living on the avails of prostitution, and communicating in public for the purposes of … ; ; ; 11 $1.10

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 The Supreme Court of Canada unanimously held that provisions of the Criminal Code prohibiting bawdy-houses, living on the avails of prostitution, and communicating in public for the purposes of … ; ; ; 9 $0.90

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 A majority of the Supreme Court of Canada struck down a provision of the Ontario Family Law Act whose definition of "spouse" excluded same-sex couples on the ground that it breached … ; ; ; 14 $1.40

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 The Supreme Court of Canada held that communal fishing licences granted to aboriginal organizations did not violate the equality rights of non-aboriginal commercial fishers who were excluded from … ; ; ; 10 $1.00

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 The Supreme Court of Canada unanimously held that the numbers of minority language students in Edmonton warranted granting the parents of those students management and control over minority … ; ; ; 12 $1.20

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 A majority of the Supreme Court of Canada ruled that a trial judge who ordered the provincial government to use its best efforts to build French-language school facilities by given dates and then … ; ; ; 9 $0.90

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 A majority of the Supreme Court of Canada ruled that a trial judge who ordered the provincial government to use its best efforts to build French-language school facilities by given dates and then … ; ; ; 10 $1.00

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 The Supreme Court of Canada unanimously held that the right to liberty and security of the person of a Canadian detained in a U.S. military installation was infringed by the refusal of the … ; ; ; 8 $0.80

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 The Constitution Act, 1867 ; ; ; 6 $0.60

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 The Constitution Act, 1982 ; ; ; 6 $0.60