This course provides a series of deep-dive studies of recent controversies relating to the Canadian Constitution. The Constitution plays a central role in many facets of our daily lives, but we often only hear about it in the context of high-profile disagreements about what it requires. In this course, we will accordingly learn about some of the basic functions of the Constitution, and about some of these high-profile disagreements. Specific topics that we will discuss include: Indigenous self-government rights, the Alberta Sovereignty Act, constitutional amendment, recent usage of the notwithstanding clause, and the extent of federal jurisdiction to regulate the environment. We will also look at several less contemporary conflicts, such as the legal fight over the patriation of the Constitution in the early ‘80s, and the Supreme Court’s decisive ruling on how Quebec could secede from Canada.
Instructor:Â Dr. Richard Mailey
Richard Mailey is the director of the Centre for Constitutional Studies (CCS) at the University of Alberta. In his capacity as director, Richard manages the Centre’s research and public education mandates. This includes serving as editor-in-chief for the Centre’s two journals – the Review of Constitutional Studies and the Constitutional Forum – and coordinating research projects, public events, podcasts, and other educational initiatives. Richard received his LLB and LLM degrees from the University of Glasgow and completed his PhD at the University of Luxembourg in 2017. He has taught a range of courses at the universities of Glasgow, Luxembourg, Trier (Germany), and Alberta, and currently teaches Canadian constitutional law at the University of Alberta’s Law Faculty.
