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Publication Year


ISBN: 9781552214404-07

Categories: ,

The Courts and Canadian Federalism

From Watertight Compartments to Shared Responsibility

From: Constitutional Law, 5/e


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.



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.