Canadian constitutional law
Erga Omnes or Inter Partes? The Legal Effects of Federal Courts’ Constitutional Judgments
Does a Federal Court constitutional judgment apply only to parties to a case or can it extend beyond those parties? In other words, beyond the purview of the principles of stare decisis and res judicata, are the effects of the Federal Courts’ constitutional rulings inter partes or erga omnes? The answer to this question will […] Read more
Ford et Irwin Toy 30 ans plus tard | Ford and Irwin Toy 30 Years Later
Thirty years ago, in a tense national political context, the Supreme Court of Canada rendered judgment in three cases that have had a profound impact on Canadian society and constitutional law: Ford v. Québec (A.G.) and its related appeal, Devine v. Québec (A.G.), and Irwin Toy Ltd. v. Québec (A.G.) decided a few months apart1. Against the backdrop of language conflicts in Québec and constitutional reform at […] Read more
Développements récents en droit constitutionnel 2018
This course will examine the recent developments in constitutional law at the Supreme Court of Canada, mainly under the Canadian Charter of Rights and Freedoms and the Constitution Act, 1867. The discussion will also include an overview of the Supreme Court’s upcoming decisions as well as the most important decisions of the Federal Court of […] Read more
How Exceptional is Judicial Review in Canada? Past, Present and Future
In the vast majority of legal systems, judicial review has become the principal mechanism through which most constitutional debates are eventually settled or at least receive some form of resolution. However, the terms of our national constitutions seldom provide for how the courts are to scrutinize the laws challenged before them. In Canada, the modern […] Read more
Droit constitutionnel 1 (DRT1501)
This course is a general introduction to the fundamental principles of Canadian constitutional law (with the exception of federalism which will be studied in the course “Droit constitutionnel 2 (DRT 1502)”). From a legal standpoint, these principles are mainly inherited from the English constitutional system, and remain influenced by US constitutional law. In this course, […] Read more
Droit constitutionnel canadien : principes fondamentaux
Abstract In 1982, Professors François Chevrette and Herbert Marx published a pioneering work: Droit constitutionnel: notes et jurisprudence (P.U.M.) 1264 pages, a monumental resource allying pedagogy with doctrinal reference. Thirty-four years later, a new edition of the first part of the celebrated work has finally been published, covering the fundamental principles of Canadian constitutional law (except the […] Read more
International Survey: Canada—Physician-Assisted Dying Judicially Legalised: Carter v Canada
Le principe de l’immunité de la Couronne et la Loi sur le droit d’auteur [The Principle of Crown Immunity and the Copyright Act]
Retour sur la Déclaration des droits implicite [Revisiting the Implied Bill of Rights Theory]
In 1867, the Framers did not include a bill of rights in the Constitution Act. Canada’s constitutional bill of rights, the Canadian Charter of Rights and Freedoms, would only be passed more than a hundred years later. Meanwhile, some judges sought to protect certain individual rights and freedoms, mainly freedom of expression, from undue legislative […] Read more
A Dynamic View of Canadian Parliamentary Sovereignty
This paper proposes a re-examination of the essential features of Parliamentary sovereignty in the Canadian context and of its development since Confederation, especially with the adoption of the Constitution Act 1982. The paper then aims at connecting the law of Parliamentary sovereignty and its historical evolution with underlying constitutional theory. While there may be no […] Read more