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- Charter dialogue (1)
- Constitutional Amendment, Constitutional Conventions, Constitution of Canada, Referendum, Jennings Test, Patriation Reference, Secession Reference, Senate Reform Reference, Charlottetown Accord, Meech Lake Accord (1)
- McLachlin, B. M. (1)
- Security, migration, human rights, constitutional law, torture (1)
- Supreme Court justices (1)
Articles 1 - 5 of 5
Full-Text Articles in Law
The Conventions Of Constitutional Amendment In Canada, Richard Albert
The Conventions Of Constitutional Amendment In Canada, Richard Albert
Osgoode Legal Studies Research Paper Series
Commentators have suggested that the unsuccessful national referendum to ratify the 1992 Charlottetown Accord has created an expectation of popular participation requiring national referendal consultation in major reforms to the Constitution of Canada. In this Article, I inquire whether federal political actors are bound by a constitutional convention of national referendal consultation for formal amendments to the basic structure of the Constitution of Canada. Drawing from the Supreme Court of Canada’s Patriation Reference, I suggest that we cannot know whether federal political actors are bound by such a convention until they are confronted with the question whether or not to …
Collateral Thoughts On Dialogue's Legacy As Metaphor And Theory: A Favourite From Canada, Jamie Cameron
Collateral Thoughts On Dialogue's Legacy As Metaphor And Theory: A Favourite From Canada, Jamie Cameron
Osgoode Legal Studies Research Paper Series
“Collateral Thoughts” is part of a special issue edited by Professor James Allan, who invited and challenged a group of scholars to select and discuss a favourite law review article. I chose “The Charter Dialogue Between Courts and Legislatures” because it is the most influential article to date in the Charter of Rights and Freedom’s relatively short history (since 1982). I call this reflection “Collateral Thoughts” because my interest is less in the merits of dialogue theory than in its remarkable impact, at home in Canada as well as abroad, in the broader reaches of comparative constitutionalism and constitutional theory. …
Legality, Legitimacy And Constitutional Amendment In Canada, Jamie Cameron
Legality, Legitimacy And Constitutional Amendment In Canada, Jamie Cameron
Osgoode Legal Studies Research Paper Series
It is accepted that Canada’s Constitution is almost impossible to amend, and that this amendment rigidity stems from the Constitution’s patriation in 1982 and two failed reform initiatives, the Meech Lake and Charlottetown Accords. The high-stakes drama of 1982, threat of Quebec separation and denouement of the post-patriation Accords were events of singular urgency which have dominated the literature and consigned the longer history of amendment to the background. This article provides a corrective which explores Canada’s two uneven periods of constitutional change – before and after textual rules – and in doing so theorizes that rich insights into the …
As Good As It Gets? Security, Asylum, And The Rule Of Law After The Certificate Trilogy, Graham Hudson
As Good As It Gets? Security, Asylum, And The Rule Of Law After The Certificate Trilogy, Graham Hudson
Osgoode Legal Studies Research Paper Series
This article uses constitutional discourses on the legality of security certificates to shed light on darker, neglected corners of the security and migration nexus in Canada. I explore how procedures and practices used in the certificate regime have evolved and migrated to analogous adjudicative and discretionary decision-making contexts. I argue, on the one hand, that the executive’s ability to label persons security risks has been subjected to meaningful constraints in the certificate regime and other functionally equivalent adjudicative proceedings. On the other hand, the ability of discretionary decision-makers to deport individuals who pose de jure security risks to face torture …
Law, Politics, And Legacy Building At The Mclachlin Court In 2014, Jamie Cameron
Law, Politics, And Legacy Building At The Mclachlin Court In 2014, Jamie Cameron
Osgoode Legal Studies Research Paper Series
This Article was written for Osgoode Hall Law School’s annual Constitutional Cases conference, and provides the keynote overview of the McLachlin Court’s 2014 constitutional jurisprudence. The Court’s 2014 constitutional decisions (Appointment and Senate References; Tsilqot’in Nation; Trial Lawyers) and restrictions on Mr. Big operations (Hart), in combination with a tsunami of Charter decisions early in 2015 (the 2015 Labour Trilogy; Carter v. Canada; R. v. Nur; and others), made this a legacy-building year. More than an overview, this Article probes the nature of the McLachlin Court’s legacy this year and the relationship between legal and political dynamics, to ask: in …