LAW 201: CANADIAN CONSTITUTIONAL LAW

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1 1 LAW 201: CANADIAN CONSTITUTIONAL LAW PROFESSOR EDINGER Office: 345 Telephone: REQUIRED MATERIALS E. Edinger, Canadian Constitutional Law Casebook [Available at the UBC Bookstore and on-line at Consolidated Constitution Acts, 1867 to 1982, Department of Justice, Canada [Sometimes available at the UBC Bookstore - or you can print out your own copy from the Canadian Consolidated Statutes.] RECOMMENDED TEXT P.W. Hogg, Constitutional Law of Canada [2016 Student Edition or whatever Student edition is available at the Bookstore] GENERAL BASIC REFERENCE R.I. Cheffins & P.A. Johnson, The Revised Constitution: Politics as Law E. Forsey, How Canadians Govern Themselves [ B.W. Furmston & E. Meehan, Canada s Constitutional Law in a Nutshell G. Gall, The Canadian Legal System P.J. Monahan, Constitutional Law P.J. Monahan, The Charter, Federalism and the Supreme Court of Canada

2 2 INTRODUCTION Colonial Origins to Autonomy The Royal Proclamation, Colonial Laws Validity Act, British North America Act, 1867 (now Constitution Act, 1867) Report of the Royal Commission on Dominion-Provincial Relations, Statute of Westminster, Constitution Act, 1982 Constitutional Procedure Constitutional Question Act, R.S.B.C. 1996, c Canada v. Downtown Eastside Workers, 2012 SCC Cambie Surgeries v. AGBC, 2017 BCSC General Approach to Interpretation of the Constitution Edwards v. Attorney General Canada, [1930] A.C. 124 (P.C.) 30 Reference re Secession of Quebec, [1998] 2 S.C.R FEDERALISM CONSTITUTION ACT, 1867 Peace Order and Good Government Russell v. The Queen (1887), 7 App. Cas. 829 (PC) 75 Attorney General Ontario v. Attorney General Canada, [1896] A.C. 348 (P.C.) 82 Fort Frances Pulp & Paper v. Manitoba Free Press, [1923] A.C. 695 (P.C.) 87 Attorney General Ontario v. Canada Temperance Federation, [1946] A.C. 193 (P.C.) 94 Johannesson v. Municipality of West St Paul, [1952] 1 S.C.R Reference re Anti-Inflation Act, [1976] 2 S.C.R R. v. Crown Zellerbach, [1988] 1 S.C.R Criminal Law Reference re Validity of Section 5(a) of the Dairy Industry Act, [1949] S.C.R RJR-MacDonald Inc. v. Canada, [1995] 3 S.C.R R. v. Hydro Quebec, [1997] 3 S.C.R Reference re Assisted Human Reproduction Act, 2010 SCC Attorney General Canada v. Dupond, [1978] 2 S.C.R Rio Hotel v. Liquor Licensing Board, [1987] 2 S.C.R Chatterjee v. Ontario, 2009 SCC

3 3 Quebec v. Canada, 2015 SCC Goodwin v. BC, 2015 SCC Regulation of the Economy Citizens Insurance v. Parsons (1881), 7 A.C. 96 (P.C.) 254 R. v. Eastern Terminal Elevator Co., [1925] S.C.R Carnation v. Quebec Agricultural Board, [1968] S.C.R Burns Foods v. Attorney General Manitoba, [1975] 1 S.C.R Labatt Breweries Ltd. v. Attorney General Canada, [1980] 1 S.C.R General Motors of Canada v. City National Leasing, [1989] 1 S.C.R Reference re Securities Act, 2011 SCC Taxation Bank of Toronto v. Lambe (1887), 12 App. Cas. 575 (P.C.) 313 Canadian Industrial Gas and Oil v. Government of Saskatchewan, [1978] 2 S.C.R Allard Contractors Ltd v. Coquitlam, [1993] 4 S.C.R Kingstreet Investments Ltd. v. New Brunswick, [2007] 1 S.C.R Interjurisdictional Immunity and Paramountcy Winner v. SMT (Eastern) (1951), [1954] A.C. 541 (P.C.) 373 Tessier Ltee. v. Quebec, 2012 SCC Bell Canada v. Quebec (1988), [1988] 1 S.C.R Ordon Estate v. Grail [1998] 3 SCR Canadian Western Bank v. Alberta, 2007 SCC Canada v. PHS Community Services, 2011 SCC Marine Services International Ltd. v. Ryan Estate, 2013 SCC Alberta v. Moloney, 2015 SCC Rogers Communications Inc. v. Chateauguay, 2016 SCC Extraterritoriality Churchill Falls (Labrador) Inc. v. A.G. Newfoundland, [1984] 1 S.C.R Unifund Assurance Co. v. Insurance Corp. of B.C., [2003] 2 S.C.R British Columbia v. Imperial Tobacco, 2005 SCC THE CHARTER CONSTITUTION ACT, 1982 Applicability RWDSU v. Dolphin Delivery[1986] 2 SCR

4 4 McKinney v. University of Guelph, [1990] 3 S.C.R Grant v. Torstar, 2009 SCC Eldridge v. British Columbia (Attorney General), [1997] 3 S.C.R Godbout v. Longueuil, [1997] 3 S.C.R Justification R. v. Oakes, [1986] 1 S.C.R R. v. Nova Scotia Pharmaceuticals, [1992] 2 S.C.R Newfoundland (Treasury Board) v. NAPE, 2004 SCC Dore v. Barreau du Quebec, 2012 SCC Remedies Schacter v. Canada, [1992] 2 S.C.R Vriend v. Alberta, [1998] 1 S.C.R R. v. Ferguson, 2008 SCC Vancouver v. Ward, 2010 SCC R. v. Conway, 2010 SCC Freedom of Expression Irwin Toy Ltd. v. Quebec (Attorney General), [1989] 1 S.C.R R. v. Butler, [1992] 1 S.C.R City of Montreal v Quebec Inc., 2005 SCC R. v. Bryan, 2007 SCC Baier v. Alberta, 2007 SCC Greater Vancouver Transit Authority v. Canadian Federation of Students, 2009 SCC BC Freedom of Information and Privacy Association v. AGBC, 2017 SCC Freedom of Religion R v. Big M Drug Mart, [1985] 1 SCR Syndicat Northwest v. Amselem, 2004 SCC Multani v. Commission Scolaire Marguerite -Bourgeoys, 2006 SCC Alberta v. Hutterian Brethren of Wilson Lake, 2009 SCC MLQ v. City of Saguenay, 2015 SCC Loyola High School v. Quebec, 2015 SCC ACCESS TO JUSTICE BCGEU v. British Columbia (Attorney General), [1988] 2 S.C.R British Columbia (Attorney General) v. Christie, 2007 SCC Trial Lawyers Association v. British Columbia, 2014 SCC

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