The Canadian Constitution

This course introduces students to the major concepts and debates that underline the Canadian Constitution. It analyzes the moral foundations, historical events, political forces and legal ideas that have shaped the Canadian constitution; the roots, legacies, and judicial interpretation of the Constitution Act 1867, the Constitution Act 1982, and in particular the Charter of Rights and Freedoms; the constitutional framework of federalism; the politics of constitutional change; ‘rights talk’ and the judicialization of politics. The course is divided into two parts. The first part focuses on the constitutional history of Canada, the constitutional foundation of government institutions, the process of constitutional patriation, federalism, and Indigenous rights. The second part is dedicated to the Charter, its operational framework, main provisions, and its impact on Canadian law and politics over the last forty years.