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Law Constitutional

Canada’s Surprising Constitution

Unexpected Interpretations of the Constitution Act, 1982

edited by Howard Kislowicz, Richard J. Moon & Kerri Anne Froc

Publisher
UBC Press
Initial publish date
May 2024
Category
Constitutional, Constitutions
  • Hardback

    ISBN
    9780774870047
    Publish Date
    May 2024
    List Price
    $115.00
  • eBook

    ISBN
    9780774870078
    Publish Date
    May 2024
    List Price
    $39.95
  • Paperback / softback

    ISBN
    9780774870054
    Publish Date
    Feb 2025
    List Price
    $39.95

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Description

Constitutions are meant to endure, providing both stability and adaptability. Their public legitimacy depends on the ability of the courts and other interpreters to get this balance right. Why, then, has Canada’s constitution – only four decades old – produced so many surprises?

 

Canada’s Surprising Constitution investigates unexpected interpretations of the Constitution Act, 1982 by the courts. In this illuminating collection of essays, leading scholars reflect on these surprising interpretations, focusing on fundamental freedoms; equality, Aboriginal, and language rights; structural features of the Charter; as well as the courts’ approach to the interpretation of the Constitution.

 

The public legitimacy of the Constitution requires that it be seen as both relevant, as circumstances change, but also true to the values it embodies. The responsibility for getting this balance right lies not only with judges but also with legislatures, executives, scholars, advocates, and public interest organizations. The thoughtful work of this volume is crucial in identifying, accounting for, and – looking ahead – anticipating potential surprises. Its thorough analysis also offers a view of the Constitution in action.

About the authors

Contributor Notes

Howard Kislowicz is an associate professor of law at the University of Calgary. His work has been widely published in leading law journals. Richard Moon is a distinguished university professor and a professor of law at the University of Windsor. His books include The Life and Death of Freedom of Expression, Putting Faith in Hate: When Religion Is the Source or Target of Hate Speech, Freedom of Conscience and Religion, and The Constitutional Protection of Freedom of Expression. Kerri A. Froc is an associate professor of law at the University of New Brunswick. Prior to academia, she was a civil litigator and a staff lawyer for the Canadian Bar Association.

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