Canadian Constitution in Transition

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.Vanessa A. MacDonnell is an associate professor in the Faculty of Law and a co-director of the Public Law Centre at the University of Ottawa.

• Introduction: The Constitution of Canada in a New KeyRichard Albert, Paul Daly, and Vanessa MacDonnell1. The Most Opaque Branch? The (Un)accountable Growth of Executive Power in Modern Canadian GovernmentMary Liston2. The Future of Constitutional Change in Canada: Examining Our Legal, Political, and Jurisprudential StraitjacketEmmett Macfarlane3. Section 96: Striking a Balance between Legal Centralism and Legal PluralismPaul Daly4. Canada’s "Constitution outside the Courts": Provincial Non-enforcement of Constitutionally Suspect Federal Criminal Laws as Case StudyWade K. Wright5. Cooperative Federalism in Canada and Quebec’s Changing AttitudesNoura Karazivan6. Religious and Political Communities in the Canadian Judicial Imagination: Two Tensions, Two QuestionsHoward Kislowicz7. Collective Diversity and Jurisdictional Accommodations in Constitutional PerspectiveAsha Kaushal8. Difference and Inclusion: Reframing Reasonable AccommodationVrinda Narain9. Freeing Inherent Aboriginal Rights from the PastDavid Milward10. False Western Universalism in Constitutionalism? The 1867 Canadian Constitution and the Legacy of the Residential SchoolsSujith Xavier11. The Unstable Scope of Constitutionalized Property Rights in Canada: Public, Indigenous, and PrivateDwight Newman12. A Role for Human Dignity under the Canadian Charter of Rights and FreedomsEmily Kidd White13. Is the Permanent Campaign the End of the Egalitarian Model for Elections?Michael Pal14. Immutability, Immigration Status, and the Limits of Equality ProtectionEfrat Arbel and Eileen MyrdahlContributorsIndex