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Canada’s Surprising Constitution
Constitutions are meant to endure, providing both stability and adaptability. Their public legitimacy depends on the ability of the courts and other interpreters to get this balance right. Why, then, has Canada’s constitution – only four decades old – produced so many surprises? Canada’s Surprising Constitution investigates unexpected interpretations of the Constitution Act, 1982 by the courts. In this illuminating collection of essays, leading scholars reflect on these surprising interpretations, focusing on fundamental freedoms; equality, Aboriginal, and language rights; structural features of the Charter; as well as the courts’ approach to the interpretation of the Constitution....
Systemic Islamophobia in Canada
Systemic Islamophobia in Canada presents critical perspectives on systemic Islamophobia in Canadian politics, law, and society, and maps areas for future research and inquiry. The authors consist of both scholars and professionals who encounter in the ordinary course of their work the – sometimes banal, sometimes surprising – operation of systemic Islamophobia. Centring the lived realities of Muslims primarily in Canada, but internationally as well, the contributors identify the limits of democratic accountability in the operation of our shared institutions of government. Intended as a guide, the volume identifies important points of consideration that have systemic implications for whether, how, and under what conditions Islamophobia is enabled and perpetuated, and in some cases even rendered respectable policy or bureaucratic practice in Canada. Ultimately, Systemic Islamophobia in Canada identifies a range of systemically Islamophobic sites in Canada to guide citizens and policymakers in fulfilling the promise of an inclusive democratic Canada.
The Challenges of a Secular Quebec
In 2019, the Quebec National Assembly passed Bill 21. It prohibits, among other things, certain state employees in positions of authority (including teachers, prison guards, police officers, and justices of the peace) from wearing religious symbols when providing public services. Many political commentators in English Canada denounced the law as running counter to Canadian multiculturalism and human rights. Why did the Quebec government adopt this particular form of state secularism? And why did it garner public support? The Challenges of a Secular Quebec analyzes the statute from different angles to provide a nuanced, respectful discussion of its intentions and principles that recognizes the province’s singular history in North America.
Handbook on Gender, Diversity and Federalism
This insightful Handbook offers a comprehensive exploration of the third generation of gender and federalism studies. In this timely and authoritative examination, feminist scholars in both the West and the global south debate the impact of state architectures on women’s movements, partisan organizations and policy advocacy using innovative discursive, institutional and intersectional approaches.
Feminist Constitutionalism
Explores the relationship between constitutional law and feminism, offering a spectrum of approaches and analysis set across a wide range of topics.
The Notwithstanding Clause and the Canadian Charter
Section 33 – what is commonly referred to as the notwithstanding clause (NWC) – was written into the Canadian Charter of Rights and Freedoms to allow Parliament and the provinces to provisionally override certain Charter rights. The Notwithstanding Clause and the Canadian Charter examines the NWC from all angles and perspectives, considering who should have the last word on matters of rights and justice – the legislatures or the unelected judiciary – and what balance liberal democracy requires. In the case of Quebec, the use of the clause has been justified as necessary to preserve the province’s culture and promote its identity as a nation. Yet Quebec’s pre-emptive and sweeping ...
Unions in Court
Since the turn of the twenty-first century, Canadian unions have scored a number of important Supreme Court victories, securing constitutional rights to picket, bargain collectively, and strike. Unions in Court documents the evolution of the Canadian labour movement’s engagement with the Charter, demonstrating how and why labour’s long-standing distrust of the legal system has given way to a controversial, Charter-based legal strategy. This book’s in-depth examination of constitutional labour rights will have critical implications for labour movements as well as activists in other fields.
Religious Diversity in Canadian Public Schools
This comprehensive analysis of the legally complex relationship between religion and public schools will compel readers to reconsider the role of law in education.
Pursuing Intersectionality, Unsettling Dominant Imaginaries
Pursuing Intersectionality, Unsettling Dominant Imaginaries offers a sustained, interdisciplinary exploration of intersectional ideas, histories, and practices that no other text does. Deftly synthesizing much of the existing literatures on intersectionality, one of the most significant theoretical and political precepts of our time, May invites us to confront a disconcerting problem: though intersectionality is widely known, acclaimed, and applied, it is often construed in ways that depoliticize, undercut, or even violate its most basic premises. May cogently demonstrates how intersectionality has been repeatedly resisted, misunderstood, and misapplied: provocatively, she shows the degree t...
