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The law of the Canadian Constitution

Title
The law of the Canadian Constitution / Guy Régimbald, Dwight Newman.
ISBN
9780433493822
0433493828
Edition
Second edition.
Publication
Toronto, Ontario : LexisNexis Canada, 2017.
Copyright Notice Date
©2017.
Physical Description
lvi, 953 pages ; 24 cm.
Notes
Includes table of cases.
Other editions
Régimbald, Guy. The law of the Canadian Constitution. First edition. Markham, Ontario : LexisNexis Canada, [2013] ‡z 9780433457350 ‡w (OCoLC)826436714.
Format
Books
Language
English
Added to Catalog
September 21, 2017
Bibliography
Includes bibliographical references and index.
Contents
Part 1. Sources of the Constitution
Introduction : sources of constitutional law and institutions
Constitutional amending procedures
The Crown prerogative, constitutional conventions and the unwritten principles of the Constitution
Courts, independence of judiciary and judicial review (sections 96, 101)
Part 2. Division of powers
Division of powers analysis : pith and substance, double aspect, paramountcy and interjurisdictional immunity
Peace, order and good government
Property and civil rights (section 92(13)) & provincial authority in relation to local and private matters (section 92(16))
Criminal law : federal jurisdiction in relation to criminal law and procedure : provincial jurisdiction in relation to court administration (sections 91(27), 92(14))
Trade and commerce (section 91(2))
Taxation and the raising of revenue (sections 91(3), 92(2)) and the jurisdiction of Parliament over banking, interests and bankruptcy
Communication, transportation, navigation and shipping (sections 91(10), 92(10))
Health care and the division of powers
Intellectual property (sections 91(22), (23))
The environment and natural resources (section 92A)
Immigration (sections 91(25), 95)
Family law : marriage, divorce and solemnization of marriage (sections 91(26), 92(12))
Part 3. Canadian Charter of Rights and Freedoms
Introduction to the Charter : Charter analysis
Application of the Charter (section 32)
Standing to enforce Charter rights
Limitation of rights (section 1)
Notwithstanding clause (section 33)
Fundamental freedoms (section 2)
Section 7 : life, liberty and security of the person and the principles of fundamental justice
Privacy and unreasonable search (section 8)
Section 15 equality rights
Minority language rights (sections 16 through 23)
Mobility rights (section 6)
Democratic rights (sections 3 to 5)
Enforcement of rights and remedies (sections 24, 52)
Part 4. The Constitution and Aboriginal communities
The Constitution and Aboriginal communities : section 91(24) and section 35
Part 5. Conclusions and constitutional materials
Conclusion
Appendix A. Constitution Act, 1867
Appendix B. Constitution Act, 1982 : Canadian Charter of Rights and Freedoms.
Citation

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