Freedom Through Federalism
The Canadian Constitution Foundation is thrilled to release a new book about how Canada’s federal structure can be used to protect liberty and constrain government overreach.
“Typically, when Canadians think about how the courts can enhance liberty, they think about our Charter of Rights and Freedoms. Of course, the Charter is an incredibly important part of our constitution that guarantees our fundamental freedoms. But it may surprise many Canadians to learn that the federal structure laid out in the Constitution Act, 1867, the division of powers and the decisions related to federalism can also constrain government action and thus promote freedom,” said CCF Litigation Director, Christine Van Geyn.
The book also looks at how the division of powers can be used to mitigate against the centralizing power of the federal government. An unchecked, strong federal power risks unduly treading into the jurisdiction of the province, and this can be to the detriment of the citizens of less populous and influential provinces. The book will also look at how the division of powers can likewise prevent the province from imposing their own restrictions on liberty when those restrictions are in the jurisdiction of the federal government. In other words, all levels of government can overreach and fetter freedom, and the federal structure can be used to prevent this when that fettering is outside that level of government’s power.
Free electronic copies of the book are available for download below.
Contributors to the book include:
- Dwight Newman, KC, Professor of Law and Canada Research Chair in Indigenous Rights in Constitutional Law, University of Saskatchewan
- Moira Lavoie, Reynolds Mirth Richards & Farmer
- Brett Carlson and Briggs Larguinho, Borden, Ladner, Gervais
- Kris Kinsinger, National Director of the Runnymede Society
- Guillaume Pelegrin, Fasken Martineau
- Jesse Hartery, McCarthy Tetrault
- Aaron Wudrick, MacDonald Laurier Institute
- Asher Honickman, Jordan Honickman Barristers, Founder and President of Advocates for the Rule of Law
- Ryan Alford, Professor, Bora Laskin Faculty of Law, Lakehead University
- Shannon Hale, lawyer and recent law clerk for the Supreme Court of Canada
- Joanna Baron, Executive Director, Canadian Constitution Foundation
Use the form below to receive your unique link to download this eBook.
By registering for this eBook, you will be added to our email newsletter list which you may opt out of at any time.