The Oxford Handbook of the Canadian Constitution (Oxford Handbooks)

"The Oxford Handbook of the Canadian Constitution provides an ideal first stop for Canadians and non-Canadians seeking a clear, concise, and authoritative account of Canadian constitutional law. The Handbook is divided into six parts: Constitutional History, Institutions and Constitutional Change, Aboriginal Peoples and the Canadian Constitution, Federalism, Rights and Freedoms, and Constitutional Theory. Readers of this Handbook will discover some of the distinctive features of the Canadian constitution: for example, the importance of Indigenous peoples and legal systems, the long-standing presence of a French-speaking population, French civil law and Quebec, the British constitutional heritage, the choice of federalism, as well as the newer features, most notably the Canadian Charter of Rights and Freedoms, Section Thirty-Five regarding Aboriginal rights and treaties, and the procedures for constitutional amendment. The Handbook provides a remarkable resource for comparativists at a time when the Canadian constitution is a frequent topic of constitutional commentary. The Handbook offers a vital account of constitutional challenges and opportunities at the time of the 150th anniversary of Confederation." --publisher's description Cover The Oxford Handbook of the Canadian Constitution Copyright Contents Contributors 1. Introduction Part I ​ Constitutional History A. Indigenous Legal Systems and Governance 2. Indigenous Constitutionalism: Pre-​existing Legal Genealogies in Canada B. French-​Canadians and the Constitution 3. Constitutional Debates in French Canada, 1764–​1774 C. 1867: Confederation 4. 1867: Confederation D. The British Constitutional Tradition 5. The British Legal Tradition in Canadian Constitutional Law Part II ​ Institutions and Constitutional Change A. The Crown and the Executive 6. The Crown in Canada 7. The Executive, the Royal Prerogative, and the Constitution B. The Parliamentary System 8. Political Institutions in Canada in a New Era 9. Parliamentary Sovereignty in Canada C. The Courts 10. The Supreme Court of Canada and Appointment of Judges in Canada 11. Courts, Administrative Agencies, and the Constitution D. Constitutional Amendment 12. Amending the Constitution of Canada Part III ​ INDIGENOUS Peoples and the Canadian Constitution A. Indigenous Sovereignty 13. Contending Sovereignties B. Treaties 14. Treaties as Constitutional Agreements C. Indigenous Peoples and the Constitution Act, 1982 15. The Form and Substance of Aboriginal Title: Assimilation, Recognition, Reconciliation 16. The Section 35 Duty to Consult 17. Métis Constitutional Law Issues Part IV ​ Federalism A. Federalism in Canada 18. From Dualism to Cooperative Federalism and Back?: Evolving and Competing Conceptions of Canadian Federalism 19. Key Doctrines in Canadian Legal Federalism 20. The Spending Power in Canada B. Federalism in Context 21. Federalism and Health Care in Canada: A Troubled Romance? 22. Criminal Law in the Federal Context 23. The Environment, Federalism, and the Charter 24. Constitutional Aspects of Commercial Law 25. The Exploitation of Natural Resources in the Federation 26. Minority Languages, Education, and the Constitution 27. Marriage, Family, and Federal Concerns 28. International Treaty-​Making and Treaty Implementation Part V ​ Rights and Freedoms A. Litigating and Interpreting the Charter 29. Interpreting the Charter 30. Access to Charter Justice 31. The Justification of Rights Violations: Section 1 of the Charter 32. Charter Remedies 33. The Notwithstanding Clause: Why Non-​use Does Not Necessarily Equate with Abiding by Judicial Norms B. Rights and Freedoms under the Charter 34. Democratic Rights 35. The Right to Protest, Freedom of Expression, and Freedom of Association 36. Freedom of Religion 37. Section 7: The Right to Life, Liberty, and Security of the Person 38. The Charter and Criminal Justice 39. Equality and Anti-​discrimination: The Relationship between Government Goals and Finding Discrimination in Section 15 40. Social and Economic Rights Part VI ​ Constitutional Theory A. Constitutional Interpretation 41. Constitutional Interpretation: On Issues of Ontology and of Interlegality 42. The Living Tree B. Constitutional Pluralism 43. Canadian Constitutional Culture: A Genealogical Account C. Key Debates in Constitutional Theory 44. The Role of Theory in Canadian Constitutional Law 45. Feminist Constitutionalism in Canada 46. The Politics of Constitutional Law: A Critical Approach D. The Role of Constitutional Principles in Canadian Constitutional Law 47. Constitutional Principles in the Secession Reference 48. The Rule of Law, the Separation of Powers and Judicial Independence in Canada E. Dialogue Theory and the Canadian Charter of Rights and Freedoms 49. Understanding Dialogue Theory F. The Canadian Constitution in a Comparative Law Perspective 50. The Canadian Constitution and the World Table of Cases Index Constitutional History -- Institutions And Constitutional Change -- Indigenous Peoples And The Canadian Constitution -- Federalism -- Rights And Freedoms -- Constitutional Theory. Edited By Peter Oliver, Patrick Macklem, And Nathalie Des Rosiers. Includes Bibliographical References And Indexes.