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This collection of papers was developed from Runnymede Society’s March 2022 academic symposium, “The Unwritten Principle of Constitutionalism in Canadian Jurisprudence”. It explores the topic of dissatisfaction with the state of constitutional interpretive methodology in Canadian law.
While much ink has been spent assessing the substance and scope of the rule of law as an organizing legal principle, relatively little attention has been given to what the Supreme Court of Canada has identified as its companion principle: constitutionalism.
This collection of papers was developed from Runnymede Society’s March 2022 academic symposium, “The Unwritten Principle of Constitutionalism in Canadian Jurisprudence”. It explores the topic of dissatisfaction with the state of constitutional interpretive methodology in Canadian law. The book features a special foreword by The Honourable Russell Brown and will be of interest to judges, lawyers and scholars.
This volume marks a concerted effort by an intellectually diverse range of scholars to reflect not only on the substance and scope of the unwritten principle of constitutionalism, but also on what it means to be a constitutionalist.
The Collection of Papers
The Honourable Russell Brown – Foreword
Ryan Alford – An Oak Whose Leaf Fadeth: The Barrenness of Constitutionalism without Constitutional History
Brian Bird and Kristopher Kinsinger – Constitutional Exegesis, Animating Principles and Toronto v. Ontario
Vanessa MacDonnell and Philippe Lagassé – Investigating the Legal and Political Contours of Unwritten Constitutional Principles after City of Toronto
Richard Albert – The Most Powerful Court in the World? Judicial Review of Constitutional Amendment in Canada
Yaniv Roznai – We the Limited People? On the People as a Constitutional Organ in Constitutional Amendments
Stéphane Sérafin, Kerry Sun and Xavier Foccroulle Ménard – Notwithstanding Judicial Specification: The Notwithstanding Clause within a Juridical Order
Michael P. Foran and Conor Case – Constitutionalism and the Common Good: On the Role of Unwritten Principles
Peter D. Lauwers – A Voice from the Attic: A Canadian Take on Common Good Constitutionalism
Matthew P. Harrington – Unwritten Principles and the American Constitution
Unwritten Constitutionalism is a collection of papers developed out of the Supreme Court Law Review, Second Series.
Maxime St-Hilaire holds a doctorate in law (LLD) from Laval University and is an associate professor at the Faculty of Law at Université de Sherbrooke, where he
teaches constitutional law and legal philosophy. In 2021, he won this University’s research and creation award, in the human sciences category, for his book titled Les Positivismes juridiques au XXe siècle. Normativismes, sociologismes, réalismes (PUL, 2020). In 2014, he won the “Prix Minerve 2014” award for his book titled La lutte pour la pleine reconnaissance des droits ancestraux: problématique juridique et enquête philosophique (Yvon Blais, 2015). He co-edited, with Joanna Baron, the book/special-issue Attacks on the Rule of Law from Within (Lexis/SCLR, 2019), and has published more than 35 articles and chapters, among numerous other publications in scholarly and media sources, and given more than 60 talks around
the world. While a doctoral student, he served as law clerk to the hon. Marie Deschamps J., at the Supreme Court of Canada (2009-10), after an internship at the Venice Commission (2007-8).
Ryan Alford is Professor at the Bora Laskin Faculty of Law, Lakehead University. An expert on the rule of law and the importance of non-derogable rights during
states of emergency, he is the author of Permanent State of Emergency (MQUP,
2017) and Seven Absolute Rights (MQUP, 2020), along with numerous other published works. Professor Alford was the only academic granted standing by the Public Order Emergency Commission, where he made submissions on the necessity of amendments to the Emergencies Act. He is also a Bencher of the Law Society of Ontario, where he serves as the Vice-Chair of the Tribunal Committee, and he is also an Adjudicator of the Law Society Tribunal.
Kristopher Kinsinger is an associate with Smith Valeriote LLP in Guelph,
Ontario. He received his Juris Doctor from Osgoode Hall Law School in 2019,
where he was the recipient of several scholarships and prizes, before completing his
articles of clerkship with a national law firm in Waterloo, Ontario. He was called to
the Ontario Bar in 2020, and received his Master of Laws from McGill University
in 2021 on a SSHRC scholarship and with the Pilarczyk Graduate Award in Law.
Between 2021 and 2024, he served full-time as the national director of the
Runnymede Society, a major Canadian legal association. In 2021, Kristopher was
selected to join the inaugural cohort of the prestigious NextGen Fellowship with the
Cardus think tank, and served two terms between 2017 and 2023 on the board of
directors of Christian Legal Fellowship, Canada’s national association of Christian
lawyers and law students. He currently serves as a past chair of the Canadian Bar
Association’s Constitutional and Human Rights Section.