Thread by @pauldalyesq

Tremendously gratifying to hold this edited collection in my hands.

It was a real pleasure to work with such talented authors, whose efforts more than justified the glowing testimonials from @blberger and @MichaelPlaxton.

Do take a tour with me, from cover to cover.

Thread

https://twitter.com/utpress/status/1113486905218351105

The introduction sets the tone: profiting from the recent 150th anniversary of Confederation, the contributions will describe, challenge and reconstruct frameworks for thinking about Canadian constitutional law, navigating the ever-present tension between stability and change

In "The Most Opaque Branch" @mary1liston describes and critiques the growth of centralized executive power in the Canadian constitutional order.

Seasoned observers will be unsurprised at her conclusion that our "governance problems" are "dire" (not, happily, "intractable")

Next, @EmmMacfarlane lays out the "legal, political and jurisprudential straitjacket" of constitutional amendment in Canada.

This familiar and somewhat depressing tale has a (relatively) happy ending though, with an emphasis on the potential of informal constitutional change

Yours truly is responsible for chapter 3, on the interpretive and institutional pluralism the SCC's s. 96 jurisprudence has fostered, and will need to to continue to foster in the years ahead, opening up spaces for novel approaches to legal interpretation and structures

Wade Wright's chapter (4) on provincial nonenforcement of constitutionally suspect criminal laws leads into a mini-section on federalism.

Using a sex-work law as an example Wade defends the proposition that the provinces might sometimes legitimately refuse to enforce federal law

Then there's a richly descriptive and analytical chapter from Noura Karazivan on cooperative federalism, riffing to great effect on how Quebec has used this highly fluid principle as a shield (gun registry) and a sword (securities regulation) in recent constitutional litigation.

Up next is a timely chapter from @HowieKislowicz tracking the individual/collective dichotomy in the Canadian treatment of reasonable (religious) accommodations.

Howie carefully examines the (fraught?) relationship between religious communities and political communities

Asha Kaushal's geographically-informed perspective on federalism and community continues the theme of fluid boundaries between individuals, groups and their governors.

She argues persuasively for more refined understandings of jurisdiction to take account of increased diversity

In Vrinda Narain's critical take on difference and inclusion she pointedly observes that race has been erased from discussions of multiculturalism in Canada and urges, going forward, a reframing of reasonable accommodation to commit to substantive equality and minority rights

Chapter 9 is by David Milward, a powerful polemical contribution on the Canadian courts' approach to Aboriginal rights.

Using criminal justice as an example, he makes a strong case for Aboriginal self-determination and a radical change to the jurisprudential status quo

In a similar vein Sujith Xavier describes the lasting influences of colonialism & imperialism on legal doctrine, using Anghie's dynamic of difference and Canada's residential schools scandal to highlight the embeddedness of Western universalism in contemporary constitutional law

In Chapter 11 @DwightNewmanLaw deploys scholarship on constitutional instability to analyze the (unstable) position of property rights in the Canadian constitutional order.

His prediction? Pressure for constitutional amendment to improve the situation.

In her contribution @emilykiddwhite focuses on the concept of dignity, often derided as undefinable and an invitation to palm-tree justice.

But with rigour and clarity, she calmly identifies three functions the value of human dignity serves or can serve in Charter adjudication.

Then @mikepalcanada assesses whether Canada's egalitarian model of election law can respond to changes in political behaviour, including from the emergence of the "permanent campaign".

With cautious optimism, he prescribes several updates to ensure the durability of the model.

Finally, Efrat Arbel & Eileen Myrdahl explore how substantive equality has fallen by the wayside in the jurisprudence on s.15 of the Charter.

Immigration law and the concept of immutability provide a solid analytical basis for their vision of a reinvigorated equality guarantee.

I really enjoyed working with my indefatigable and inspirational co-editors, @RichardAlbert and @vanessa_macd, and with this great team of scholars to produce a collection which (I hope) reveals fresh insights and novel perspectives on Canadian constitutional law.

Enjoy!

Ends