Student Edition: Constitutional Law of Canada 5th ed


ISBN13: 9780779813384
ISBN: 0779813383
Published: August 2007
Publisher: The Carswell Company Ltd.
Country of Publication: Canada
Binding: Paperback
Price: £59.00

The Student Edition is an abridged version of the new two-volume, looseleaf edition, which has been completely rewritten to bring the text and the footnotes up to date, with scarcely a page escaping some alteration, with some chapters also undergoing a reorganization to better reflect the doctrine recently developed by the Supreme Court. It contains 36 of the 60 chapters in the looseleaf edition the author judged most likely to be useful to students. They are retained in full, without any alteration from the looseleaf edition. The contents of the remaining 24 chapters are listed at the appropriate place in the Student Edition. Students can read the full text of those chapters in the law library’s looseleaf edition.

The Student Edition’s soft cover, smaller size and lower price makes it the ideal starting point for the study of constitutional law by students across Canada, and a valuable addition to any course about constitutional law.

New to this Edition:-

  • Due to the recent development of important case law in the following areas, new chapters have been added to the Student Edition discussing Health (chapter 32), Assembly and Association (chapter 44) and Voting (chapter 45). In addition to these chapters and the case law therein, other recent important Supreme Court of Canada cases that are discussed in this year’s Student Edition include:
  • Mikisew Cree First Nation v. Canada – The exercise of the Crown’s rights as they exist under treaty must still be preceded by consultation, and if necessary accommodation, with the affected Aboriginal people.
  • Montreal v. 2952-1366 Quebec – a city by-law that prohibited broadcasting from buildings onto city streets, although a breach of freedom of expression, was justified under s. 1 despite the absence of any explicit stipulations as to the level of noise or the impact on neighbours or passers-by.
  • Multani v. Commission scolaire Marguerite-Bourgeoys – The absolute prohibition against a Sikh student wearing a “kirpan” (a dagger with a metal blade) to school due to the school board’s regulation that prohibited students from bringing weapons and other dangerous objects to school, was not a reasonable measure and did not minimally impair the student's religious rights.
  • May v. Ferndale Institution – the transfer of a federal penitentiary inmate from minimum-security institution to a medium-security institution was a reduction of the inmate’s “residual liberty”, and, the Supreme Court held, it had been accomplished without providing an adequate explanation to the inmate of the reasons for the transfer.