Constitutional Law, 5/e

by Patrick J. Monahan, Byron Shaw, Padraic Ryan

Overview

The fifth edition of Constitutional Law represents a significant update of the fourth edition, published in 2013. During this period, the Supreme Court of Canada has continued to develop the jurisprudence in all areas of constitutional law, including freedom of association, equality rights, Indigenous title, and inter—jurisdictional immunity. This book includes the complete text of the Canadian Constitution, including explanatory footnotes as consolidated by the federal Department of Justice.

Professor Monahan authored the first three editions of this text, and invited Mr. Byron Shaw to join him as a co—author for the fourth edition. Mr. Padraic Ryan has now joined in this most recent revision. As with earlier editions, the aim of this text is to provide lawyers, academics, and law students with a general introduction to, and overview of, the basic elements of the Canadian Constitution. The authors discuss issues in sufficient detail so that the book will be of value to lawyers who encounter constitutional issues in their daily practice. Constitutional Law has been cited with approval by provincial and territorial appellate courts, as well as by the Supreme Court of Canada.

Product Details

ISBN-13:	9781552214404
Publisher:	University of Toronto Press
Publication date:	01/31/2017
Series:	Essentials of Canadian Law , #5
Edition description:	fifth edition
Pages:	672
Product dimensions:	6.00(w) x 8.95(h) x 1.30(d)

About the Author

Patrick Monahan is Deputy Attorney General of Ontario and a Professor of Law at Osgoode Hall Law School of York University, where he served as Dean from 2003-2009. He also served as Vice President Academic and Provost of York University from 2009-2012. He has written widely on constitutional and public policy issues and was awarded the David Mundell Medal for excellence in legal writing in 2008.

Byron Shaw is a partner in the litigation group at McCarthy Tétrault LLP in Toronto. His practice includes corporate and commercial litigation, class actions, constitutional and administrative law, and professional liability. He has appeared before the Supreme Court of Canada, all levels of court in Ontario, the federal courts and various administrative tribunals.

Padraic Ryan is counsel at the Constitutional Law Branch of the Ontario Ministry of the Attorney General. He has argued Charter, federalism, and Human Rights Code cases before the Court of Appeal for Ontario, the Divisional Court, and the Human Rights Tribunal of Ontario, and has appeared before the Supreme Court of Canada in interventions concerning constitutional law.

Table of Contents

Foreword to the First Edition
Preface

Part One: Introduction
Chapter 1: An Introduction to the Study of the Canadian Constitution

Part Two: The Framework and Institutions of Government
Chapter 2: Canada’s Constitutional Development before 1867
Chapter 3: The Constitution Act, 1867: Executive and Legislative Power
Chapter 4: The Constitution Act, 1867: Federalism and Judicial Power

Part Three: Constitutional Change
Chapter 5: Constitutional Amendment, 1867–1982
Chapter 6: Constitutional Change Since 1982

Part Four: The Courts and Canadian Federalism
Chapter 7: The Courts and Canadian Federalism: From Watertight Compartments to Shared Responsibility
Chapter 8: Peace, Order, and Good Government
Chapter 9: Trade and Commerce
Chapter 10: Property and Civil Rights in the Province
Chapter 11: Criminal Law
Chapter 12: The Constitution and Transportation

Part Five: The Charter and Aboriginal Rights
Chapter 13: The Canadian Charter of Rights and Freedoms: Structure and Application
Chapter 14: Rights and Freedoms of the Charter
Chapter 15: Indigenous Peoples and the Canadian Constitution

Part Six: Conclusion
Chapter 16: The Canadian Constitution in the Twenty—First Century

Glossary
Constitution Acts 1867 to 1982
Table of Cases
Index