Associate Prof @UCalgaryLaw (constitutional & admin), researches religious freedom (he/him). Donate to a food bank, I'll write you a song.
Joined May 2014
- Tweets2.4K
- Following1.4K
- Followers1.4K
- Likes4.2K
Pinned Tweet
We (@KerriFroc, @richard__moon, and I) are happy to let you know that our edited collection, Canada's Surprising Constitution, is published on May 1, 2024. It's a book about unexpected interpretations of the Constitution Act, 1982, available here: ubcpress.ca/canadas-surprisi…
Another set of surprises involves unexpected interpretations. @BenOliphant examines how the SCC's broad appraoch to freedom of expression has led to the eclipse of other more specific rights, such as freedom of the press and freedom of peaceful assembly.
Finally, @vanessa_macd writes that the Court's interpretive approach, which weds the "living tree" & purposivism, has been surprisingly stable even as orginalism attracts more attention in Canada. There are signs that this may be shifting, but its endurance is surprising.
Of course, I can't capture here the brilliance of the chapters, but I hope you'll read the whole book. Thanks to all contributors & co-editors for their efforts, and @UCalgaryLaw for its support. This book has been a while in the making and I'm happy that is now in the world.
Similarly, @mikepalcanada shows how crucial aspects of the right to vote remain unexplored by the courts, including the important relationship between s 3 of the Charter (the right to vote) and s 1, the limitations clause.
In a final surprise of underdevelopment, @LouisPLampron examines the formalistic approach to the "notwithstanding clause", and wonders whether new pressures might suggest that surprises are in store in the interpretation of this provision.
For some rights, one element is more developed than another. As @CarolineHMagnan, argues while minority official language education rights have received much attetion, the right to use English & French in "any court established by Parliament" has received surprisingly little.
In another surprise of underdevelopment, @basilalexander looks at freedom of peaceful assembly. He notes the lack of interpretation by the SCC, and suggests some developments in the Quebec courts show the potential for a specialized jurisprudence.
Similarly, @KerriFroc looks at s 28 of the Charter, which guarantees "rights equally to male and female persons", noting the absence of interpretation by the SCC, and suggesting a robust role for the provision.
Here's a peek at what's inside. The first set of surprises relate to the underdevelopment of certain provisions. In my chapter, I examine the "supremacy of God" clause in the Charter's preamble: its surprising emptiness and its potential relation to the "freedom of the church"
ICYMI: @AnnaJaneL and I have a new piece out in the UBC Law Review about the application of the corporate oppression remedy in religious organizations. Find it here: commons.allard.ubc.ca/ubclaw…
Howie Kislowicz retweeted
*LISTEN* to CLG's podcast on Alberta's Controversial Transgender Policies: 3 experts to help dismantle the myths + reveal realities behind Alberta's 'parental rights' policies. @KarlaMarx1917 @JenniferKoshan @HowieKislowicz
LISTEN: clg.ab.ca/index.php/podcasts…
Hot off the virtual presses: a piece by @AnnaJaneL and me on the use of the corporate oppression remedy in religious organizations - canlii.org/en/commentary/jou…
We propose a method for courts to integrate the oppression remedy with Charter values - let us know what you think!