Constitutional Law of Canada | 9th Edition (2009)

What the Reviewers say:

“Professor Magnet’s casebook is the most comprehensive and wide ranging work in the field. He covers not just the leading cases but also includes in-depth commentary and broader relevant materials such as government reports and expert commentary. Authored by one of Canada’s leading constitutional scholars, the 9th edition is a primary source book for students, academics and lawyers alike.”
 - Patrick J. Monahan, Dean, Osgoode Hall Law School,

“This book by a leading teacher and scholar is an excellent, comprehensive text on constitutional law that incorporates relevant case law, scholarly doctrinal excerpts as well as explanatory research notes. It will have wide appeal as a text book for law students. Moreover, it provides a very useful reference for members of the legal profession.” - Honourable Justice Hebert Marx, Superior Court of Quebec

“Professor Magnet’s Constitutional Law of Canada has proven to be a great resource for courts and students alike. [It] brings admirable focus to some of the most difficult legal and policy issues that arise in constitutional law. This new 9th edition appears destined to become a staple of the classroom and the courtroom.”
     - Andrew K. Lokan, Paliare Roland Rosenberg Rothstein LLP

“This is a rich and comprehensive source of Canadian constitutional legal materials. Thorough and completely up to date, Professor Magnet’s book is an invaluable research tool for practitioners, scholars and students alike. One may find not only answers to our fundamental constitutional questions, but also directions to test those issues not yet resolved by the courts.”
- Henry S. Brown, Q.C., Senior Partner, Gowling Lafleur Henderson LLP

Learn More and Sample Chapters

The Canadian Charter of Rights and Freedoms After Twenty Five Years (Butterworths, 2009)

What the Reviewers Say:

This collection, drawing on a diverse range of excellent contributors, is most impressive in its depth of scholarship, richness of its insights and breadth of its subject matter. It is a significant addition to the literature on the Charter, and both a Canadian and international readership will profit from it. Robert Dunbar, School of Law, University of Aberdeen

This collection, through its lively, intelligent and controversial papers, discloses both irresolution over every sort of Charter issue and a tremendous intellectualism directed to the Charter debates. While these brilliant essays reveal few Charter orthodoxies, they offer insight and enjoyment to understand how the Charter is influencing Canada's politics, law and administration.
John Whyte, College of Law, University of Saskatchewan



Official Languages of Canada: New Essays (Butterworths, 2008)

What the Reviewers Say:

This book is a welcome contribution to our understanding of the basis for language guarantees and their ever present impact on the evolution of Canada as a nation.- Honourable Michel Bastarache, Supreme Court of Canada

An impressive collection of essays on the meaning and significance of official bilingualism in Canada … replete with information and data that help understand the progress made and the battles that remain to be fought, to reinforce Canada’s bilingual character … a remarkable source of information … that will assist lawyers, judges, researchers, policy makers and legislators alike.”- Roger Tassé, Gowling Lafleur Henderson,  former Deputy Minister of Justice, Canada

One will find in this book ideas that will influence language law and policy for many years to come.”

- Yves LeBouthillier, Faculty of Law, University of Ottawa, former President, Law Commission of Canada

Litigating Aboriginal Culture (Juriliber, 2005)

The claim for injury to Aboriginal culture is novel and controversial.  The legal profession does not agree about what exactly is meant by “injury to Aboriginal culture,” what are the defining characteristics of the wrong, what theories of liability support it, how causation may be determined, where the chain of causation ends and how damages should be conceived and calculated.  This monograph, by Canada’s most distinguished legal academic on Aboriginal peoples, delves deeply into these timely questions.





Legal Aspects of Aboriginal Business Development (LexisNexis Butterworths, 2005)

This pioneering study by Canada’s leading writers on Aboriginal peoples illuminates the ingredients of successful Aboriginal business venture and the indicators predictive of failure. Canada’s best jurists explore the frontiers of Aboriginal title and rights, impact benefits agreements, enterprise design and aboriginal intellectual property. With fresh, innovative thinking, the authors speculate about the impact successful business venture will have on traditional Aboriginal cultures.





Modern Constitutionalism: Identity, Equality and Democracy (Butterworths, 2004)

The history of all societies in the modern democracies is a progression from traditionalism to cosmopolitanism. All modern democracies require a basic set of skills which are imparted by the educational and bureaucratic institutions of the state.  All grind traditional ways of life against the mass democratic culture of state institutions. This is why traditional communities, cultures, religions and nations demand autonomy from modern democracies. Modern constitutionalism is becoming increasingly sophisticated about redesigning state institutions in response to the anxieties of traditional identities.




The Canadian Charter of Rights and Freedoms: Reflections on the Charter After Twenty Years (Butterworths, 2003)

This outstanding collection of essays under the general editorship of Professor Joseph E. Magnet examines the impact of theCanadian Charter of Rights and Freedoms twenty years after its proclamation.  The writers are the leading Canadian voices in the academy, the judiciary and government.  The collection examines the impact of the Charter on Canada’s legal and social framework, discusses the Charter’s successes and shortcomings, and offers insight into likely future developments.




Aboriginal Rights Litigation (Butterworths, 2003)

These superb essays are the first sustained examination of controversies concerning Canada's off-reserve Aboriginal people. Under the editorship of Professor Joseph E. Magnet and Dwight A. Dorey, the volume contains path breaking work by Canada's top professors and leading litigators.






Official Languages of Canada: Perspectives from Law, Policy and the Future

Professor Magnet's Official Languages of Canada is acknowledged by the Canadian legal community to be the leading work on the subject. Through an interdisciplinary treatment this book opens new perspectives on the history of Canada's official language communities, the structure of linguistic conflict, legal regulation, constitutional rights, minority language education and linguistic politics.

What the Reviewers Say
"Professor Magnet’s writing is "fearless," "challenges established doctrine," "is on the frontiers of a multi disciplinary approach," "informs and inspires." This book is "excellent" and "impressive."
-Elliott J. Feldman, Harvard University, and of Pepper Hamilton and Shields, Washington



Federalism for the Future: Essential Reforms

Professor Magnet is featured prominently in the recently-released Federalism for the Future: Essential Reforms along with other well-regarded experts on constitutional law and federalism issues, including G.A. Beaudoin, Benoit Pelletier, Gordon Robertson, and John Trent.

What the Reviewers Say
“Très intéressant, rafraîchissante, particulièrement instructif” -René Pépin, Université de Sherbrooke




Withholding Treatment from Defective Newborn Children

Withholding Treatment from Newborn Children considers the Canadian neonatal practice, legal aspects of decision-making authority and procedure in treatment and withholding treatment, ethical issues related to deliberate deaths, and makes several recommendations for policies and procedures.

What the Reviewers Say
"This book is excellent," "courageous," "a rare triumph," "demands a wide audience and appreciation." "Few academic books have provoked, painted, challenged, stimulated or irritated as much as this one."        
-The Globe and Mail (Toronto)

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