Constitution of Canada

Jeremy Webber is Professor of Law, University of Victoria, British Columbia, Canada.

This book is an umbrella of fundamental principles, covering flexibility, accommodation and negotiation necessary to enable members of a constitutional community who may disagree on issues but who want to remain bound together within a country and society. Impressive!

• 1. Introduction 2. The Making of the Canadian Constitution I. Pre-confederation Canada A. Founding of British North America B. Conflict, Rebellion, and Responsible Government II. Post-confederation Canada A. Territorial Extension B. From Colony to Nation C. Canada’s Economic Evolution D. Provincialism, Regionalism, and Canadian Nationhood E. Federalism and the French Canadians F. Multicultural Canada G. Indigenous Rights III. The Contemporary Canadian Constitution: Patriation and its Aftermath A. Constitution Act 1982 B. Negotiations after Patriation C. 1995 Referendum on Quebec Sovereignty and the Secession Reference D. ‘Administrative Measures’ IV. Conclusion Selected Reading 3. The Legislative Power I. Parliamentary Sovereignty A. Principle B. Internal Limitations on Parliamentary SovereigntyC. Limitation (or Abandonment?) of Parliamentary Sovereignty II. Canadian Parliaments A. Parliament of Canada B. Provincial Legislatures C. Other Legislative Bodies III. The Legislative Process IV. Parliamentary Office-holders V. Parliamentary Privileges and Immunities VI. Public Participation in the Legislative Process VII. Elections VIII. Reform of the Legislative Process IX. Conclusion Selected Reading 4. The Executive Power I. Responsible Government A. Principle B. Formation of Governments C. Responsible Government as a Constitutional Convention II. Structure of the Executive A. Governor General and Lieutenant Governors B. Prime Minister and Cabinet C. Ministers and their Departments D. Government Agencies, Crown Corporations, and Administrative Tribunals III. The Rule of Law A. Legal Foundations of Executive Authority B. Executive Privileges and Immunities C. Institutionalization of the Rule of Law IV. Conclusion 0Selected Reading 5. The Judiciary I. Court StructureA. Superior Courts B. Federal Court C. Provincial Courts D. Administrative Tribunals E. Supreme Court of CanadaII. Judicial Independence A. Constitution Act 1867, Sections 99 and 100 B. Constitution Act 1982, Section 11(d) C. Implied Principle of Judicial Independence III. Supreme Court of Canada as a Constitutional Court A. References and Justiciability B. Parties, Intervenors, Representation, and Evidence C. Constitutional Remedies and Stare Decisis IV. Conclusion Selected Reading 6. Federalism I. Visions of the Canadian Federation A. Canada as a Quasi-FederationB. Compact versus Statute? C. Quebec’s Distinct Society versus the Equality of the Provinces D. Comparisons to the European Union E. Conclusion II. Principles of Interpretation of the Division of Powers III. Federal and Provincial Powers A. Peace, Order, and Good Government B. ‘Property and Civil Rights’ and ‘Matters of a Merely Local or Private Nature’ C. Federal Economic Powers D. Criminal Law Power E. Social LegislationF. Citizenship, International Affairs, and Defence G. Provincial Authority Over Public Lands H. Fiscal Relations, Taxation, Equalization, and the Spending Power IV. Interprovincial Conflicts V. Cooperative FederalismVI. Conclusion Selected Reading 7. Rights and Freedoms I. The Universe of Rights Protections in Canada A. Legislative Support of Rights B. Courts and Rights before the Charter C. Executive Enforcement of RightsII. Canadian Charter of Rights and Freedoms A. Application and Structure B. Substance of Rights and Freedoms under the Charter III. Conclusion Selected Reading 8. Indigenous Peoples I. Constitution Act 1982, Section 35 A. Adoption of Section 35 B. Indigenous Rights to Land and Resources C. Effect of Section 35 D. Haida and the Turn Towards Interim Measures II. Federal/Provincial Authority, Fiduciary Obligations, and the Honour of the Crown A. Constitutional Authority with Respect to Indigenous Peoples B. Fiduciary Duties and the Honour of the Crown III. Treaties IV. Self-government V. Resurgence of Indigenous Jurisdictions VI. Conclusion Selected Reading 9. Conclusion Selected Reading