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Supreme Court Law Review, 3rd Series, Volume 5
This Volume is a collection of papers reviewing noteworthy Constitutional Law decisions of the Supreme Court of Canada released in 2023. The Volume covers cases presented at Osgoode Hall Law School’s 27th Annual Constitutional Cases Conference of the Supreme Court of Canada.
Publication Language: English
Published: March 26, 2025
Publisher: LexisNexis Canada
This Volume is a collection of papers reviewing noteworthy Constitutional Law decisions of the Supreme Court of Canada released in 2023. The Volume covers cases presented at Osgoode Hall Law School’s 27th Annual Constitutional Cases Conference of the Supreme Court of Canada.
Edited by Benjamin Berger, Sonia Lawrence and Emily Kidd White, this collection is divided into six parts:
- PART I: Year-In-Review
- PART II: Environmental Regulation and the Constitution
- PART III: Immigration and Refugee Law and the Constitution
- PART IV: Punishment and Policing
- PART V: The Criminal Law Power and the Evolution Of Federalism
- PART VI: Courts Politics and Public Trust
PART I: YEAR-IN-REVIEW
The Supreme Court and Public Law in 2023 – Kate Glover Berger
PART II: ENVIRONMENTAL REGULATION AND THE CONSTITUTION
Missing the Forest for the Trees: The Supreme Court of Canada’s Formalistic Approach in the IAA Reference a Setback for Environmental and Climate Law in Canada – Nathalie J. Chalifour
PART III: IMMIGRATION AND REFUGEE LAW AND THE CONSTITUTION
Safety Valves in Charter Analysis: A Quick Fix Rather Than a Structural Solution – Jamie Chai Yun Liew
Always Elsewhere: Constitutional Rights in CCR – Audrey Macklin and Josh Blum
Equality Rights and the Canada-U.S. Safe Third Country Agreement – Sharryn J. Aiken and Colin Grey
A Necessary Realignment: Section 7 Engagement in Canadian Council for Refugees – Jackie Swaisland and Alison Imrie
PART IV: PUNISHMENT AND POLICING
Perspective, and Perspectives, on Police Powers – Steve Coughlan
A New Justification for Section 12 Hypotheticals and Two Rules for Constructing Them – Lisa Kerr and Michael Perlin
Leaving the Charter at Home: From Hape to McGregor – Gerald Chan and Benjamin Zolf
PART V: THE CRIMINAL LAW POWER AND THE EVOLUTION OF FEDERALISM
From Margarine to Cannabis: The Ongoing Evolution of the Criminal Law Power – Asha Kaushal and Robert Danay
Prescribing Plenary Powers: The Evolution and Intersection of Criminal and Health Jurisdiction in Canadian Federalism – Benjamin Perryman
Murray-Hall v. Québec (Attorney General) – Reconciling the Criminal Law Power with Cooperative Federalism – Yashoda Ranganathan and Hera Evans
The Legality of Incorporating Provincial Law into a Criminal Offence – Colton Fehr
PART VI: COURTS POLITICS AND PUBLIC TRUST
Understanding Public Support for Courts in Canada – Erin Crandall and Andrea Lawlor
“We’re Going to Notwithstand that Legislation”: Trans Rights in Saskatchewan and the Unmaking of Charter Rights – Kyle Kirkup
