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Law Constitutional

The Past, Present, and Future of Canadian Cities

Where the Law Went Wrong and How We Can Fix It

edited by Alexandra Flynn, Richard Albert & Nathalie Des Rosiers

foreword by Don Iveson

Publisher
McGill-Queen's University Press
Initial publish date
Oct 2024
Category
Constitutional, Canadian
  • Paperback / softback

    ISBN
    9780228022329
    Publish Date
    Oct 2024
    List Price
    $39.95
  • eBook

    ISBN
    9780228022343
    Publish Date
    Oct 2024
    List Price
    $39.95

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Description

In 1861, just a few years before Confederation, 84 per cent of Canadians lived in rural areas; today, it’s less than 20 per cent. Our municipal governments are asked to do more for their citizens than ever before, yet they must confront myriad challenges – from the public health pandemic to the housing crisis – without the tools they need. They have no constitutional protection from jurisdictional overstepping by provincial governments and no assurance that they will be able to complete any effort they undertake.

The Past, Present, and Future of Canadian Cities explores the historical functions of municipalities, their current ability to tackle major problems, and what the future holds for shifting legal and political powers. This volume examines how pre-Confederation cities came to have their current constitutional and legislative forms; how current local governments make decisions within existing legal parameters, highlighting Indigenous-municipal relationships and emergency management; and, finally, looks to the world to investigate future innovation in municipal governance.

The Past, Present, and Future of Canadian Cities makes the case that constitutional concepts must be repurposed to support the transition from nation-building to city-building in a global context.

About the authors

Alexandra Flynn is an Assistant Professor at the Peter A. Allard School of Law at The University of British Columbia, where she specializes in municipal law and governance. She teaches interactive, practice-based courses in legal research, municipal and planning law, and administrative law. Prior to joining UBC, Alex was an Assistant Professor in the City Studies program at the University of Toronto (Scarborough), where she taught and researched in the areas of urban governance, property, and local government law. Her previous project, “Reimagining Local Governance: The Landscape of “Local” in Toronto” (2017), examined Toronto's complex local governance model along with its motley of institutions — some granted delegated authority and some not. Her current project focuses on Indigenous-municipal relationships in the land use planning process. In 2017, she received a SSHRC Insight Development Grant to investigate the notion of a “municipal duty to consult” and its potential for reciprocal, respectful relationships between Indigenous and municipal governments.

Alexandra Flynn's profile page

Richard Albert is Professor of Law at The University of Texas at Austin and, in 2017-18, Distinguished Visiting Professor at the Faculty of Law at the University of Toronto.

Richard Albert's profile page

Nathalie Des Rosiers is president of the Law Commission of Canada and a professor of law at the University of Ottawa. Professor Des Rosiers is a former president of the Association des juristes d'expression francaise de l'Ontario and of the Canadian Association of Law Teachers. She was a member of the Environmental Appeal Board from 1998–2000 and a member of the Ontario Law Reform Commission from 1993–1996.

Nathalie Des Rosiers' profile page

Don Iveson's profile page

Editorial Reviews

“This ambitious and timely volume counters the continued invisibility of cities in constitutional orders and thought. *The Past, Present, and Future of Canadian Cities *is completely unique and will have a wide appeal.” Graham Hudson, Toronto Metropolitan University

“An important volume, containing practical and illuminating contributions for public servants as well as scholars. There is considerable interest in these topics, locally and globally.” David Miller, author of Solved: How the World’s Great Cities are Solving the Climate Crisis

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