The Canadian Constitution in Transition

Richard Albert is Professor of Law at The University of Texas at Austin and, in 2017-18, Distinguished Visiting Professor at the Faculty of Law at the University of Toronto. Paul Daly is a University Senior Lecturer in Public Law at University of Cambridge and the Derek Bowett Fellow in Law at Queen's College, Cambridge. Vanessa A. MacDonnell is Associate Professor in the Faculty of Law at the University of Ottawa.

Introduction: The Constitution of Canada in a New Key
Richard Albert, Paul Daly, and Vanessa MacDonnell


1. The Most Opaque Branch? The (Un)accountable Growth of Executive Power in Modern Canadian Government
Mary Liston


2. The Future of Constitutional Change in Canada: Examining Our Legal, Political, and Jurisprudential Straitjacket
Emmett Macfarlane


3. Section 96: Striking a Balance between Legal Centralism and Legal Pluralism
Paul Daly


4. Canada’s "Constitution outside the Courts": Provincial Non-enforcement of Constitutionally Suspect Federal Criminal Laws as Case Study
Wade K. Wright


5. Cooperative Federalism in Canada and Quebec’s Changing Attitudes
Noura Karazivan


6. Religious and Political Communities in the Canadian Judicial Imagination: Two Tensions, Two Questions
Howard Kislowicz


7. Collective Diversity and Jurisdictional Accommodations in Constitutional Perspective
Asha Kaushal


8. Difference and Inclusion: Reframing Reasonable Accommodation
Vrinda Narain


9. Freeing Inherent Aboriginal Rights from the Past
David Milward


10. False Western Universalism in Constitutionalism? The 1867 Canadian Constitution and the Legacy of the Residential Schools
Sujith Xavier


11. The Unstable Scope of Constitutionalized Property Rights in Canada: Public, Indigenous, and Private
Dwight Newman


12. A Role for Human Dignity under the Canadian Charter of Rights and Freedoms
Emily Kidd White


13. Is the Permanent Campaign the End of the Egalitarian Model for Elections?
Michael Pal


14. Immutability, Immigration Status, and the Limits of Equality Protection
Efrat Arbel and Eileen Myrdahl


Contributors
Index