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Canadian Constitutional Law: Presentation to the Annual Conference of International Association of Law Libraries

Published online by Cambridge University Press:  28 February 2019

Peter W. Hogg
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Extract

When I was asked to give this talk it occurred to me that it might be interesting to think aloud about some of the changes in constitutional law—and in writing about constitutional law—that have occurred since I came to Canada. I am a New Zealander by birth, but I was teaching at the Faculty of Law of Monash University in Melbourne, Australia, when I came to the Osgoode Hall Law School on a one-year visit in the summer of 1970. During that visiting year, the faculty decided to offer me a permanent appointment. This was done over the objection of one of my colleagues, R. J. Gray, who claimed that my lectures would require simultaneous translation, and that I would not meet the height requirements for Canadian citizenship. Anyway I was persuaded to stay (and three years later I became a Canadian citizen).

Type
Articles
Information
International Journal of Legal Information , Volume 41 , Issue 1 , Spring 2013 , pp. 58 - 64
Copyright
Copyright © 2013 by the International Association of Law Libraries. 

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References

1 The final decision-maker used to be the Privy Council in London, but the authority of the Privy Council was terminated in 1949.Google Scholar

2 Laskin, B., Canadian Constitutional Law (Carswell, Toronto, 3rd ed. 1969 by Laskin, 4th ed. 1975 by Abel, 5th ed. 1986 by Finkelstein).Google Scholar

3 Lyon, J.N. and Atkey, R.G., Canadian Constitutional Law in a Modern Perspective (U. Toronto Press, 1970).Google Scholar

4 Clement, W.H.P., The Law of the Canadian Constitution (Carswell, 3rd ed., 1916).Google Scholar

5 Lefroy, A.H.F., Canadian Constitutional Law (Carswell, 1918).Google Scholar

6 Riddell, W.R., The Canadian Constitution in Form and Fact (Columbia U. P., 1923).CrossRefGoogle Scholar

7 Kennedy, W.P.M., The Constitution of Canada 1534-1937 (Oxford U.P., 2nd ed., 1938).Google Scholar

8 Hogg, P.W., Constitutional Law of Canada (Carswell, 1977, 2nd ed., 1985, 3rd ed., 1992, 4th ed., 1997, 5th ed., 2007, now also in loose-leaf format annually supplemented).Google Scholar

9 The embarrassment of having to get constitutional instruments enacted in the United Kingdom was also eliminated in 1982 when amending procedures were adopted that could be operated within Canada and the U.K. Parliament terminated its authority over Canada. The story is told in Hogg, note 7, above, ch. 3.Google Scholar

10 Brodsky and Day, Canadian Charter Rights for Women (1989).Google Scholar

11 As I write in 2012, globalization has for the time being supplanted constitutional law as the academic lawyer's pursuit of choice.Google Scholar

12 Harvie, R. and Foster, H., “Ties that Bind? The Supreme Court of Canada, American Jurisprudence, and the Revision of Canadian Criminal Law under the Charter” (1990) 28 Osgoode Hall L.J. 729; R. Harvie and H. Foster, “Different Drummers, Different Drums: The Supreme Court of Canada, American Jurisprudence and the Continuing Revision of Canadian Criminal Law under the Charter” (1992) 24 Ottawa L. Rev. 39.Google Scholar

13 Hogg, P.W., “The Law-Making Role of the Supreme Court of Canada” (2001) 80 Can. Bar Rev. 173.Google Scholar

14 Hogg, P.W. and Bushell, A., “The Charter Dialogue between Courts and Legislatures” (1997) 35 Osgoode Hall L.J. 76.Google Scholar

15 Hogg, P.W., Bushell, A.A. Thornton, W.K. Wright, “Charter Dialogue Revisited—Or Much Ado about Metaphors” (2007) 45 Osgoode Hall L.J. 1.Google Scholar