The Canadian Constitution in Transition by Richard Albert

Author:Richard Albert
Language: eng
Format: epub
Publisher: University of Toronto Press

Jurisdiction in the Constitution

In the Canadian constitutional system, there are two pathways for collective difference, and these pathways mirror the two iterations of constitutional power: rights and jurisdictions. There are some jurisdictions embedded in the constitutional text – namely, the federal and provincial division of legislative powers, linguistic and religious minority rights, and, to some extent, Aboriginal rights. In this section, I place these existing jurisdictional forms into conversation with new collectivities of difference to locate the opportunities and obstacles for accommodation.

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