Howie Kislowicz

We (@KerriFroc, @richard__moon, and I) are happy to let you know that our edited collection, Canada's Surprising Constitution, is published on May 1, 2024. It's a book about unexpected interpretations of the Constitution Act, 1982, available here: ubcpress.ca/canadas-surpri…

@DAJHetherington @davevwright @JWatsonHamilton @Lorian_H @nikolaou_nickie @ryanjclements @LawProfHolloway @molszyns @robert_rch Congratulations Derek!

Thank you to the many great profesors who helped me reach this goal, which include but are not limited to @davevwright @JWatsonHamilton @HowieKislowicz @Lorian_H @nikolaou_nickie @ryanjclements @LawProfHolloway @molszyns @LizWhitsit and @robert_rch.

I became a lawyer today.

Of course, I can't capture here the brilliance of the chapters, but I hope you'll read the whole book. Thanks to all contributors & co-editors for their efforts, and @UCalgaryLaw for its support. This book has been a while in the making and I'm happy that is now in the world.

Finally, @vanessa_macd writes that the Court's interpretive approach, which weds the "living tree" & purposivism, has been surprisingly stable even as orginalism attracts more attention in Canada. There are signs that this may be shifting, but its endurance is surprising.

Another set of surprises involves unexpected interpretations. @BenOliphant examines how the SCC's broad appraoch to freedom of expression has led to the eclipse of other more specific rights, such as freedom of the press and freedom of peaceful assembly.

In a final surprise of underdevelopment, @LouisPLampron examines the formalistic approach to the "notwithstanding clause", and wonders whether new pressures might suggest that surprises are in store in the interpretation of this provision.

Similarly, @mikepalcanada shows how crucial aspects of the right to vote remain unexplored by the courts, including the important relationship between s 3 of the Charter (the right to vote) and s 1, the limitations clause.

For some rights, one element is more developed than another. As @CarolineHMagnan, argues while minority official language education rights have received much attetion, the right to use English & French in "any court established by Parliament" has received surprisingly little.

Similarly, @KerriFroc looks at s 28 of the Charter, which guarantees "rights equally to male and female persons", noting the absence of interpretation by the SCC, and suggesting a robust role for the provision.

In another surprise of underdevelopment, @basilalexander looks at freedom of peaceful assembly. He notes the lack of interpretation by the SCC, and suggests some developments in the Quebec courts show the potential for a specialized jurisprudence.

Here's a peek at what's inside. The first set of surprises relate to the underdevelopment of certain provisions. In my chapter, I examine the "supremacy of God" clause in the Charter's preamble: its surprising emptiness and its potential relation to the "freedom of the church"

We (@KerriFroc, @richard__moon, and I) are happy to let you know that our edited collection, Canada's Surprising Constitution, is published on May 1, 2024. It's a book about unexpected interpretations of the Constitution Act, 1982, available here: ubcpress.ca/canadas-surpri…

@DwightNewmanLaw Thanks Dwight!

Fascinating paper - go download it right now:

ICYMI: @AnnaJaneL and I have a new piece out in the UBC Law Review about the application of the corporate oppression remedy in religious organizations. Find it here: commons.allard.ubc.ca/ubclawreview/v…