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25 Cracks in the Foundation
The Crown and Canada’s Constitutional Architecture
-
Philippe Lagassé
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Chapters in this book
- Front Matter i
- Contents vii
- Acknowledgments x
- Introduction 3
-
Institutional Relationships
- The Political Purposes of the Charter 23
- Revisiting Judicial Activism 41
- Revisiting the Charter Centralization Thesis 58
- Autochthony and Infuence 72
- It Works in Practice, but Does It Work in Theory? 86
- Charter Talk 102
- Notwithstanding the Media 121
-
Charter Rights
- Policing Partisan Self-Interest? 143
- The Most Important Charter Right? 160
- Sex Work, Abjection, and the Constitution 177
- Carter Compliance 193
- The Charter and the RCMP 214
- The Charter of Whites 234
- Canada’s Sex Problem 256
- Quebec and the “Sign Law” Thirty Years after Ford and Devine 275
- Language Rights and the Charter 293
- The Provincial Courts of Appeal and Section 24(2) of the Charter 311
-
Reconciliation
- Canadians’ Homeland Has Changed since Patriation Brought the Constitution Home 333
- Indigenous Rights and the Constitution Act, 1982 348
- Using the Master’s Institutional Instruments to Dismantle the Master’s Goal of Indigenous-Rights Certainty 367
- Beyond Consultation 384
- Indigenous Sovereignty, Canadian Constitutionalism, and Citizens Plus 401
-
Constitutional Change
- The Invisible Transformation of Canada’s Constitutional Amendment Rules 421
- Still Not Cheering 438
- Cracks in the Foundation 454
- The Urban Gap 472
- Contributors 491
- Index 494
Chapters in this book
- Front Matter i
- Contents vii
- Acknowledgments x
- Introduction 3
-
Institutional Relationships
- The Political Purposes of the Charter 23
- Revisiting Judicial Activism 41
- Revisiting the Charter Centralization Thesis 58
- Autochthony and Infuence 72
- It Works in Practice, but Does It Work in Theory? 86
- Charter Talk 102
- Notwithstanding the Media 121
-
Charter Rights
- Policing Partisan Self-Interest? 143
- The Most Important Charter Right? 160
- Sex Work, Abjection, and the Constitution 177
- Carter Compliance 193
- The Charter and the RCMP 214
- The Charter of Whites 234
- Canada’s Sex Problem 256
- Quebec and the “Sign Law” Thirty Years after Ford and Devine 275
- Language Rights and the Charter 293
- The Provincial Courts of Appeal and Section 24(2) of the Charter 311
-
Reconciliation
- Canadians’ Homeland Has Changed since Patriation Brought the Constitution Home 333
- Indigenous Rights and the Constitution Act, 1982 348
- Using the Master’s Institutional Instruments to Dismantle the Master’s Goal of Indigenous-Rights Certainty 367
- Beyond Consultation 384
- Indigenous Sovereignty, Canadian Constitutionalism, and Citizens Plus 401
-
Constitutional Change
- The Invisible Transformation of Canada’s Constitutional Amendment Rules 421
- Still Not Cheering 438
- Cracks in the Foundation 454
- The Urban Gap 472
- Contributors 491
- Index 494