This course will provide a survey of the Canadian Constitution in comparative perspective, relating our supreme law to those of jurisdictions like the US, South Africa, and others. It will hone in on specific issues like constitution-making and amendment, federalism, human rights, environmental protection and Indigenous self-government. It will also look at recent Canadian controversies like the legal battle over the federal carbon tax, increased provincial usage of the notwithstanding clause, and the Alberta Sovereignty Act. To reinforce and enhance the comparative element of the course, a number of sessions will be taught remotely by constitutional experts in other jurisdictions. Above all, the course views our Constitution as the vehicle for an ongoing dialogue about who we are as a political community, and it considers the similarities and differences between the way that this dialogue has unfolded in Canada and other countries.
Instructor: Richard Mailey
Dr. Richard Mailey grew up in Northern Ireland before completing LLB and LLM degrees in Scotland, and a PhD in Luxembourg. He then moved to Edmonton in 2018 to undertake a postdoc at the University of Alberta and has worked for the Centre for Constitutional Studies since 2020, first as a research affiliate and later as director.
During his time at the Centre, Richard has launched five podcast series, one of which he produced and hosted when he was a research affiliate. He is also responsible for the day-to-day management and editing of the Centre’s two academic journals and created a new CCS blog site, Seven/Fifty. He is the author of numerous journal articles, blogs, and op-eds on topics like unwritten constitutional principles and the notwithstanding clause.