Chapters in this book

1. Frontmatter i
2. Contents v
3. The Canadian Constitution in Transition
4. Introduction: The Constitution of Canada in a New Key 3
5. 1 The Most Opaque Branch? The (Un)accountable Growth of Executive Power in Modern Canadian Government 19
6. 2 The Future of Constitutional Change in Canada: Examining Our Legal, Political, and Jurisprudential Straitjacket 60
7. 3 Section 96: Striking a Balance between Legal Centralism and Legal Pluralism 84
8. 4 Canada’s “Constitution outside the Courts”: Provincial Non-enforcement of Constitutionally Suspect Federal Criminal Laws as Case Study 103
9. 5 Cooperative Federalism in Canada and Quebec’s Changing Attitudes 136
10. 6 Religious and Political Communities in the Canadian Judicial Imagination: Two Tensions, Two Questions 167
11. 7 Collective Diversity and Jurisdictional Accommodations in Constitutional Perspective 193
12. 8 Difference and Inclusion: Reframing Reasonable Accommodation 216
13. 9 Freeing Inherent Aboriginal Rights from the Past 245
14. 10 False Western Universalism in Constitutionalism? The 1867 Canadian Constitution and the Legacy of the Residential Schools 270
15. 11 The Unstable Scope of Constitutionalized Property Rights in Canada: Public, Indigenous, and Private 288
16. 12 A Role for Human Dignity under the Canadian Charter of Rights and Freedoms 310
17. 13 Is the Permanent Campaign the End of the Egalitarian Model for Elections? 338
18. 14 Immutability, Immigration Status, and the Limits of Equality Protection 365
19. Contributors 387
20. Index of Cases and Statutes 389
21. Index of Names 399
22. General Index 405