Law Commons^™

Freedom Of Expression And Location: Are There Constitutional Dead Zones?, Brian Slattery

Brian Slattery

Do reporters have the right to conduct interviews in courthouse hallways? May political activists hand out leaflets in shopping centres? Are journalists entitled to attend disciplinary hearings in the chambers of the law society? Do advertisers have the right to place ads on public buses? These questions have one thing in common: they all concern the exercise of freedom of expression in certain locations — courthouses, shopping centres, private offices, buses. But do all locations without exception benefit from the guarantee of freedom of expression in section 2(b) of the Canadian Charter of Rights and Freedoms, or do some fall …

The Charter's Relevance To Private Litigation: Does Dolphin Deliver?, Brian Slattery

Brian Slattery

The author critically examines the recent decision of the Supreme Court of Canada in Retail, Wholesale and Department Store Union, Local 580 v. Dolphin Delivery Ltd. This case holds that the Canadian Charter of Rights and Freedoms only applies to the relations between government and private persons and not to relations between private persons alone, with two exceptions. The author argues that the first exception - when a private person invokes a statute, rather than the common law, against another private person - is untenable because both the common law and the droit civil are grounded in legislative instruments, respectively …

Federal Jurisdiction -- Pendent Parties -- Aboriginal Title And Federal Common Law -- Charter Challenges -- Reform Proposals: Roberts V. Canada, J. M. Evans, Brian Slattery

Brian Slattery

No abstract provided.

Charter Of Rights And Freedoms -- Does It Bind Private Persons, Brian Slattery

Brian Slattery

No abstract provided.

Canadian Charter Of Rights And Freedoms -- Override Clauses Under Section 33 -- Whether Subject To Judicial Review Under Section 1, Brian Slattery

Brian Slattery

Under section 33 of the 'Canadian Charter of Rights and Freedoms,' Parliament or a provincial legislature may enact a clause exempting legislation from the application of certain Charter provisions. It is commonly assumed that an override clause complying with section 33 takes effect automatically and is not subject to judicial review under the Charter. However, respectable arguments can be made to the contrary. I will set out one such argument here and briefly review the main objections to it.

The Constitutional Dimensions Of Aboriginal Title, Brian Slattery

Brian Slattery

As the Supreme Court reaffirms in Tsilhqot’in Nation v. British Columbia (2014), Aboriginal title is a sui generis right which cannot be described in traditional property terms. This paper argues that the explanation for this fact is that Aboriginal title is not a concept of private law. It is a concept of public law. It does not deal with the rights of private entities but with the rights and powers of constitutional entities that form part of the Canadian federation. If we look for analogies to Aboriginal title, we find a close parallel in Provincial title – the rights held …

The Paradoxes Of National Self-Determination, Brian Slattery

Brian Slattery

Some have argued that the right of national self-determination gives every national group the power to decide for itself whether to remain part of an existing state or to secede unilaterally and form its own state. Such a theory underpins the claim that Quebec is entitled to decide on its own whether or not to leave Canada. This paper examines the main philosophical arguments for the theory and finds them one-dimensional and inadequate; they fail to take account of the full range of complex issues arising in actual cases of proposed secession. If the right of national self-determination is understood …

A Theory Of The Charter, Brian Slattery

Brian Slattery

No abstract provided.

The Aboriginal Constitution, Brian Slattery

Brian Slattery

In a remarkable series of cases over the past decade, from Haida Nation to Manitoba Métis Federation, the Supreme Court of Canada has thrown a strong light on three basic elements of Aboriginal law: the honour of the Crown, the Royal Proclamation of 1763, and Aboriginal Treaties. This paper argues that these form the framework of the Aboriginal Constitution, which parallels the Federal Pact between the Provinces in the Constitution Act, 1867. Indeed, the Aboriginal Constitution provides the Constitution of Canada with its most ancient and enduring roots.

Expression And Location: Are There Constitutional Dead Zones?, Brian Slattery

Brian Slattery

No abstract provided.

Why The Governor General Matters, Brian Slattery

Brian Slattery

No abstract provided.

The Pluralism Of The Charter: Revisiting The Oakes Test, Brian Slattery

Brian Slattery

No abstract provided.

The Metamorphosis Of Aboriginal Title, Brian Slattery

Brian Slattery

Aboriginal title has undergone a significant transformation from the colonial era to the present day. In colonial times, aboriginal title was governed by Principles of Recognition based on ancient relations between the Crown and Indigenous American peoples. With the passage of time, this historical right has evolved into a generative right, governed by Principles of Reconciliation. As a generative right, aboriginal title exists in a dynamic but latent form, which is capable of partial articulation by the courts but whose full implementation requires agreement between the Indigenous party and the Crown. The courts have the power to recognize the core …

Aboriginal Rights And The Honour Of The Crown, Brian Slattery

Brian Slattery

No abstract provided.

Paper Empires: The Legal Dimensions Of French And English Ventures In North America, Brian Slattery

Brian Slattery

No abstract provided.

Our Mongrel Selves: Pluralism, Identity And The Nation, Brian Slattery

Brian Slattery

Making Sense Of Aboriginal And Treaty Rights, Brian Slattery

Brian Slattery

No abstract provided.

Three Concepts Of Law: The Ambiguous Legacy Of H.L.A. Hart, Brian Slattery

Brian Slattery

No abstract provided.

Transcending Community: Some Thoughts On Havel And Bergson, Brian Slattery

Brian Slattery

No abstract provided.

First Nations And The Constitution: A Question Of Trust, Brian Slattery

Brian Slattery

No abstract provided.

The Myth Of Retributive Justice, Brian Slattery

Brian Slattery

Rights, Communities, And Tradition, Brian Slattery

Brian Slattery

Are Constitutional Cases Political?, Brian Slattery

Brian Slattery

The Constitutional Priority Of The Charter, Brian Slattery

Brian Slattery

Understanding Aboriginal Rights, Brian Slattery

Brian Slattery

No abstract provided.

The Hidden Constitution: Aboriginal Rights In Canada, Brian Slattery

Brian Slattery

This article reviews the constitutional and historical grounds for Aboriginal and treaty rights in Canada and discusses the legal effects of entrenching these rights in the Constitution of Canada in 1982.

The Independence Of Canada, Brian Slattery

Brian Slattery

No abstract provided.

Canadian Charter Of Rights And Freedoms - Override Clauses Under Section 33 - Whether Subject To Judicial Review Under Section 1, Brian Slattery

Brian Slattery

No abstract provided.

The Independence Of Canada, Brian Slattery

Brian Slattery

The Land Rights Of Indigenous Canadian Peoples, Brian Slattery

Brian Slattery

The problem examined in this work is whether the land rights originally held by Canada's Indigenous peoples survived the process whereby the British Crown acquired sovereignty over their territories, and, if so, in what form. The question, although historical in nature, has important implications for current disputes involving Aboriginal land claims in Canada. It is considered here largely as a matter of first impression. The author has examined the historical evidence with a fresh eye, in the light of contemporaneous legal authorities. Due consideration is given to modern case-law, but the primary focus is upon the historical process proper.