Skip to the beginning of the images gallery

The Law of the Canadian Constitution, 2nd Edition – Student Edition

Auteur (s) : Guy Régimbald , Dwight Newman

**This title is to be purchased by students only**

This edition is a complete picture of constitutional law and the Canadian Charter of Rights and Freedoms. This is a student edition.

**The CEI Student E-Book version is to be purchased by academia only**

Langue de publication: English

Publié: 16 juin 2017

Éditeur: LexisNexis Canada

Format du produit	Détails	Qté
Livre 165,00 $	En inventaire ISBN: 9780433493839	Qté:

Softcover | 1,016 pages

Détails des produits

**This title is to be purchased by students only**

Click here for the professional edition of The Law of the Canadian Constitution, 2nd Edition.

The go-to treatise on constitutional law
The second edition of The Law of the Canadian Constitution is a complete picture of constitutional law and the Canadian Charter of Rights and Freedoms. This comprehensive text, written for practitioners and adapted for students provides fresh and current insights, up to date case law, and expert commentary and analysis of current and emerging issues in Constitutional Law.

New in this Edition
Extensively revised and updated content and commentary including:

New commentary on the independence of the judiciary and the three guarantees: security of tenure, financial security and administrative independence
New discussion of three key concepts of Division of Powers analysis:
- "double-aspect" (where a subject may fall under both S.91 and S.92 due to having more than one aspect and purpose) and Ancillary Effects with respect to the assignment of a subject to a legislative head of power;
- two-part test for determining whether the principle of paramountcy applies with respect to the divisions of powers between Federal and Provincial authorities, including coverage of the SCC cases Alberta (Attorney General) v. Moloney and Saskatchewan (Attorney General) v. Lemare Lake Logging Ltd.
- Coverage of SCC cases relating to the application of the principle of Interjurisdictional Immunity
Discussion of s. 121 and barriers to interprovincial trade including the Comeau decision
Commentary on Goodwin v. British Columbia (Superintendent of Motor Vehicles) and provincial jurisdiction and parliamentary power over criminal law
New commentary on Family Law and sections 91(26), 92(12)
Commentary on definition of the term "Indians" due to recent SCC case Daniels with respect to Métis communities
Coverage of the Tsilhqot'in Nation decision by the SCC regarding test for Aboriginal title in the context of historically mobile communities
Analysis of Freedom of Religion SCC decisions in the Loyola High School case and the Saguenay case
Extensive revision on the structure of a Charter Claim: Charter values and Administrative decisions
New section on Changing Charter Precedents
New commentary on the Oakes test and proportionality analysis
New content and commentary on Indigenous Religious Freedom
New privacy analysis on access to information on technological devices
Extensive commentary on the SCC decision in Taypotat concerning educational requirements of First Nations leadership
Coverage of the SCC decision in Association des parents de l'école Rose-des- vents v. British Columbia(Education), discussing whether a minority language school was "equivalent" to majority language schools
Coverage of the SCC decision in the Whatcott case pertaining to developments in the interpretation of freedom of expression
Significant new discussion on the "2015 labour trilogy" of SCC cases pertaining to section 2(d) of the Charter protecting freedom of association
Discussion of the recent Ontario Court of Appeal and SCC rulings in the R. v Michaud case which used S.1of the Charter to justify a breach of S.7 (Life, Liberty and Security of the Person) of the Charter
Coverage of SCC decisions in Bedford and Carter with analysis on S.7 application to security of the person, principles of fundamental justice,gross disproportionality; and the Charter in the specific context of S.7 and Assisted Suicide
New commentary on enforcement of Charter rights, including limitation periods and Charter damages

An Indispensable Tool
This useful reference book is ideally suited to:

Canadian constitutional lawyers who require the most current information and relevant citations related to this contentious area of the law
Canadian administrative lawyers who can benefit from the application of constitutional law principles in administrative law as well as government regulations and relations
Canadian practitioners who need to apply the tenets of constitutional law when appearing before a court, board or tribunal
Canadian judges and adjudicators who can turn to the guide for valuable assistance in applying the doctrines of constitutional law when rendering decisions
Law students/ professors – adapted as a teaching tool provides students with a grasp of the importance and fundamentals of constitutional law in Canada

Student Edition: Softcover

Table des matières

Part I: Sources of the Constitution
Chapter 1: Introduction: Sources of Constitutional Law and Institutions
Chapter 2: Constitutional Amending Procedures
Chapter 3: The Crown Prerogative, Constitutional Conventions and the Unwritten Principles of the Constitution
Chapter 4: Courts, Independence of Judiciary and Judicial Review (Sections 96, 101)

Part II: Division of Powers
Chapter 5: Division of Powers Analysis: Pith and Substance, Double Aspect, Paramountcy and Interjurisdictional Immunity
Chapter 6: Peace, Order and Good Government
Chapter 7: Property and Civil Rights (Section 92(13)) & Provincial Authority in Relation to Local and Private Matters (Section 92(16))
Chapter 8: Criminal Law – Federal Jurisdiction in Relation to Criminal Law and Procedure – Provincial Jurisdiction in Relation to Court Administration (Sections 91(27), 92(14))
Chapter 9: Trade and Commerce (Section 91(2))
Chapter 10: Taxation and the Raising of Revenue (Sections 91(3), 92(2)) and the Jurisdiction of Parliament over Banking, Interests and Bankruptcy
Chapter 11: Communication, Transportation, Navigation and Shipping (Sections 91(10), 92(10))
Chapter 12: Health Care and the Division of Powers
Chapter 13: Intellectual Property (Sections 91(22), (23))
Chapter 14: The Environment and Natural Resources (Section 92A)
Chapter 15: Immigration (Sections 91(25), 95)
Chapter 16: Family Law: Marriage, Divorce and Solemnization of Marriage (Sections 91(26), 92(12))

Part III: Canadian Charter of Rights and Freedoms
Chapter 17: Introduction to the Charter: Charter Analysis
Chapter 18: Application of the Charter (Section 32)
Chapter 19: Standing to Enforce Charter Rights
Chapter 20: Limitation of Rights (Section 1)
Chapter 21: Constitutional Override (Section 33)
Chapter 22: Fundamental Freedoms (Section 2)
Chapter 23: Section 7: Life, Liberty and Security of the Person and the Principles of Fundamental Justice
Chapter 24: Privacy and Unreasonable Search (Section 8)
Chapter 25: Section 15 Equality Rights
Chapter 26: Minority Language Rights (Sections 16 Through 23)
Chapter 27: Mobility Rights (Section 6)
Chapter 28: Democratic Rights (Sections 3 to 5)
Chapter 29: Enforcement of Rights and Remedies (Sections 24, 52)

Part IV: The Constitution and Aboriginal Communities
Chapter 30: the Constitution and Aboriginal Communities: Section 91(24) and Section 35

Part V: Conclusions and Constitutional Materials
Chapter 31: Conclusion

Appendices
Appendix A: Constitution Act, 1867
Appendix B: Constitution Act, 1982 – Canadian Charter of Rights and Freedoms
Index

AUTEURS À LA UNE

Guy Régimbald Dwight Newman

Guy Régimbald

The Honourable Mr. Justice Guy Régimbald, B.S.Sc., LL.B., B.C.L. (Oxon.), was appointed to the Federal Court, and ex offıcio member of the Federal Court of Appeal, on October 7, 2022. He obtained his LL.B. from the University of Ottawa and his B.C.L. (Master of Laws) from the University of Oxford. He was previously called to the Law Society of Ontario, the Barreau du Québec, and the Law Society of Nunavut.

Prior to his appointment, Justice Régimbald was a partner and the National Leader of the Administrative Law Group at Gowling WLG, where his practice focused on constitutional and administrative law, Indigenous law, intellectual property and taxation. He has been recognized by Best Lawyers in Canada for his work in administrative & public law and in appellate practice (including as lawyer of the year in both categories), by the Canadian Legal Lexpert Directory in Indigenous law and litigation public Law, by Chambers Canada in Litigation: public & administrative law, and by Managing Intellectual Property in copyright law and trademarks.

Prior to joining Gowling WLG, Justice Régimbald was a law clerk to Justices Marshall Rothstein and John C. Major of the Supreme Court of Canada, as well as for Justice Marc Noël (later Chief Justice) at the Federal Court of Appeal. He also worked for the Department of Justice in the Constitutional and Administrative Law Section and for the Privy Council of Canada, and taught constitutional law, administrative law and international law at the University of Ottawa.

Voir tous les livres par Guy Régimbald (6)

Dwight Newman

Dwight Newman, K.C., B.A., M.A.T.S., J.D., M.Sc., B.C.L., M.Phil., D.Phil., is a Professor of Law and Canada Research Chair in Indigenous Rights in Constitutional and International Law at the University of Saskatchewan, where he started in a faculty position in 2005 and has also served a three-year term as Associate Dean. He has also taught during shorter visiting terms at Alberta, McGill and Oxford. In recent years, he has been a visiting fellow at Princeton, the Université de Montréal, Cambridge, the University of Western Australia and Oxford. Dr. Newman has published around 150 articles or book chapters and fifteen books. His books include two monographs on the duty to consult doctrine, a book on Natural Resource Jurisdiction in Canada (2013), both the Charter of Rights title of Halsbury’s Laws of Canada and The Law of the Canadian Constitution (a general treatise with co-author Justice Guy Régimbald) (2013; second edition 2017), and Mining Law of Canada (2018). His edited collections include Religious Freedom and Communities (2016), Business Implications of Aboriginal Law (2018), Indigenous-Industry Agreements, Natural Resources, and the Law (co-edited in 2021) and the Edward Elgar Research Handbook on the International Law of Indigenous Rights (2022).

His writing has been cited by all levels of Canadian courts, including repeatedly by the Supreme Court of Canada. He is a Munk Senior Fellow of the Macdonald-Laurier Institute and has contributed to policy discussions by publishing a number of think tank reports. He has also served as an expert member of the International Law Association (ILA) Committee on Implementation of the Rights of Indigenous Peoples and contributed to discussions on international norms on related issues. He has delivered dozens of presentations to a variety of audiences on six continents and has published many op eds in leading Canadian and American newspapers. Prior to entering a faculty role, Dr. Newman clerked for Chief Justice Lamer and Justice LeBel at the Supreme Court of Canada, worked for NGOs in South Africa and Hong Kong and for the Canadian Department of Justice, and completed his graduate studies at Oxford University as a Rhodes Scholar. He is a member of the Ontario and Saskatchewan bars and he has done legal work for industry, government and Indigenous communities on constitutional law issues, as well as consulting work on resource issues for international investment entities. In 2017, he was named to the College of the Royal Society of Canada, and in 2018 he was designated a Queen’s Counsel (now King’s Counsel).

Voir tous les livres par Dwight Newman (11)

The Law of the Canadian Constitution, 2nd Edition – Student Edition

AUTEURS À LA UNE

Guy Régimbald

Dwight Newman

À PROPOS DE LEXISNEXIS

PRODUITS ET SERVICES

SUIVEZ-NOUS

PAIEMENTS

CONTACTEZ LE SERVICE COMMERCIAL

CONTACTEZ LE SERVICE À LA CLIENTÈLE