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Table of Contents
Part I. Sources of the Constitution
1. Introduction: Sources of Constitutional Law and Institutions
2. Constitutional Amending Procedures
3. The Crown Prerogative, Constitutional Conventions and the Unwritten Principles of the Constitution
4. Courts, Independence of Judiciary and Judicial Review (Sections 96, 101)
Part II. Division of Powers
5. Division of Powers Analysis: Pith and Substance, Double Aspect, Paramountcy and Interjurisdictional Immunity
6. Peace, Order and Good Government
7. Property and Civil Rights (Section 92(13)) and Provincial Authority in Relation to Local and Private Matters (Section 92(16))
8. Criminal Law
Federal Jurisdiction in Relation to Criminal Law and Procedure
Provincial Jurisdiction in Relation to Court Administration (Section 91(27), 92(14))
9. Trade and Commerce (Section 91(2))
10. Taxation and the Raising of Revenue (Sections 91(3), 92(2)) and the Jurisdiction of Parliament over Banking, Interests and Bankruptcy
11. Communication, Transportation, Navigation and Shipping (Sections 91(10), 92(10))
12. Health Care and the Division of Powers
13. Intellectual Property (Sections 91(22), (23))
14. The Environment and Natural Resources (Section 92A)
15. Immigration (Sections 91(25), 95)
16. Family Law: Marriage, Divorce and Solemnization of Marriage (Sections 91(26), 92(12))
Part III. Canadian Charter of Rights and Freedoms
17. Introduction to the Charter: Charter Analysis
18. Application of the Charter (Section 32)
19. Standing to Enforce Charter Rights
20. Limitation of Rights (Section 1)
21. Constitutional Override (Section 33)
22. Fundamental Freedoms (Section 2)
23. Section 7: Life, Liberty and Security of the Person and the Principles of Fundamental Justice
24. Privacy and Unreasonable Search (Section 8)
25. Section 15 Equality Rights
26. Minority Language Rights (Sections 16 Through 23)
27. Mobility Rights (Section 6)
28. Democratic Rights (Sections 3 to 5)
29. Enforcement of Rights and Remedies (Sections 24, 52)
Part IV. The Constitution and Aboriginal Communities
30. The Constitution and Aboriginal Communities: Section 91(24) and Section 35
Part V. Conclusions and Constitutional Materials
31. Conclusion
Appendix A. Constitution Act, 1867
Appendix B. Constitution Act, 1982
Canadian Charter of Rights and Freedoms.
1. Introduction: Sources of Constitutional Law and Institutions
2. Constitutional Amending Procedures
3. The Crown Prerogative, Constitutional Conventions and the Unwritten Principles of the Constitution
4. Courts, Independence of Judiciary and Judicial Review (Sections 96, 101)
Part II. Division of Powers
5. Division of Powers Analysis: Pith and Substance, Double Aspect, Paramountcy and Interjurisdictional Immunity
6. Peace, Order and Good Government
7. Property and Civil Rights (Section 92(13)) and Provincial Authority in Relation to Local and Private Matters (Section 92(16))
8. Criminal Law
Federal Jurisdiction in Relation to Criminal Law and Procedure
Provincial Jurisdiction in Relation to Court Administration (Section 91(27), 92(14))
9. Trade and Commerce (Section 91(2))
10. Taxation and the Raising of Revenue (Sections 91(3), 92(2)) and the Jurisdiction of Parliament over Banking, Interests and Bankruptcy
11. Communication, Transportation, Navigation and Shipping (Sections 91(10), 92(10))
12. Health Care and the Division of Powers
13. Intellectual Property (Sections 91(22), (23))
14. The Environment and Natural Resources (Section 92A)
15. Immigration (Sections 91(25), 95)
16. Family Law: Marriage, Divorce and Solemnization of Marriage (Sections 91(26), 92(12))
Part III. Canadian Charter of Rights and Freedoms
17. Introduction to the Charter: Charter Analysis
18. Application of the Charter (Section 32)
19. Standing to Enforce Charter Rights
20. Limitation of Rights (Section 1)
21. Constitutional Override (Section 33)
22. Fundamental Freedoms (Section 2)
23. Section 7: Life, Liberty and Security of the Person and the Principles of Fundamental Justice
24. Privacy and Unreasonable Search (Section 8)
25. Section 15 Equality Rights
26. Minority Language Rights (Sections 16 Through 23)
27. Mobility Rights (Section 6)
28. Democratic Rights (Sections 3 to 5)
29. Enforcement of Rights and Remedies (Sections 24, 52)
Part IV. The Constitution and Aboriginal Communities
30. The Constitution and Aboriginal Communities: Section 91(24) and Section 35
Part V. Conclusions and Constitutional Materials
31. Conclusion
Appendix A. Constitution Act, 1867
Appendix B. Constitution Act, 1982
Canadian Charter of Rights and Freedoms.