Peter Oliver and Nathalie Des Rosiers Publish The Oxford Handbook of the Canadian Constitution

Posted on Wednesday, July 26, 2017

As Canada marks the 150th anniversary  of Confederation, Professor Peter Oliver and former Common Law Dean Nathalie Des Rosiers, alongside Professor Patrick Macklem of the University of Toronto, have edited a new publication that stands as an authoritative guide to the Canadian constitution, The Oxford Handbook of the Canadian Constitution (Oxford University Press).

Through 50 chapters that compile an impressive range of perspectives, the Handbook serves as a first-stop reference for clear, concise analysis of Canadian constitutional law, presenting the distinctive features of the Canadian constitution, while tracing the challenges and opportunities that have shaped it.  Topics covered include Constitutional History, Institutions and Constitutional Change, Indigenous Peoples and the Canadian Constitution, Federalism, Rights and Freedoms, and Constitutional Theory, among many others.  By delving into issues previously untouched by scholarly analysis, the Handbook stands at the forefront of a surge in interest in Canadian law, politics and history, and will serve as an indispensable resource for comparativists.

Notably, the book contains important contributions from scholars at the uOttawa Faculty of Law, marking the law school as a true leader in Canadian constitutional research.  Contributors include, from the Common Law Section, Professor Craig Forcese, who has authored a chapter entitled “The Executive, the Royal Prerogative and the Constitution”; Professors Adam Dodek and Rosemary Cairns Way, joint authors of a chapter called “The Supreme Court of Canada and Appointment of Judges in Canada”; Professor Larry Chartrand, with a chapter entitled “Metis Constitutional Law Issues”; Professor Colleen Flood, alongside Research Associate Bryan Thomas and Professor William Lahey of Dalhousie University, joint authors of a chapter entitled “Federalism and Health Care in Canada: A Troubled Romance”; Professor Pierre Foucher and his colleague from the Faculty of Social Sciences, Professor Linda Cardinal, with a chapter called “Minority Languages, Education and the Constitution”; Professor Carissima Mathen, with a chapter entitled “Access to Charter Justice”; and Professor Martha Jackman, who has teamed with Bruce Porter, Director of the Social Rights Advocacy Centre, to produce a chapter entitled “Social and Economic Rights in Canada”.

From the Civil Law Section, Professor Benoît Pelletier contributes a chapter entitled “Amending the Constitution of Canada”; Professor Sébastien Grammond has authored a chapter entitled “Treaties as Constitutional Agreements”; and Professor Charles-Maxime Panaccio contributes a chapter called “The Justification of Rights Violations: Section 1 of the Charter”.

In addition to their roles as editors, Professor Oliver has joined with Timothy Endicott of the University of Oxford to author a chapter entitled “The Role of Theory in Canadian Constitutional Law”; Professor Des Rosiers has authored a chapter, with Jamie Cameron of Osgoode Hall, entitled “The Right to Protest, Freedom of Expression, and Freedom of Association”; and Professor Macklem has contributed a chapter entitled “The Form and Substance of Aboriginal Title: Assimilation, Recognition, Reconciliation”.

Other contributors include academic experts from universities across Canada, as well as select contributors hailing from, among other places, the University of California at Berkeley, the Ministry of Justice of British Columbia, and the Department of Justice of Canada.  The list of authors is extensive and their impressive contributions make the Handbook an exhaustive and essential piece of Canadian legal scholarship.

Click here to view the full list of authors.

Click here to see the complete Table of Contents.

The Oxford Handbook series is one of the most prestigious and widely-read strands of Oxford’s international scholarly publishing.  Professors Oliver, Des Rosiers and Macklem, chosen as editors for their outstanding research records and their sterling international reputations, have created an original conception of Canadian constitutional analysis that will set the agenda for new research in the field. The book is already being hailed as a seminal, landmark publication.  The Right Honourable Beverley McLachlin, Chief Justice of Canada, calls it “illuminating” and “compelling”.  Click here for more early reviews.

The 50-chapter Handbook is currently available for pre-order, and will ship on August 10, 2017.

Click here for more information on The Oxford Handbook of the Canadian Constitution.

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