4th edition (Revised)

Constitutional Law


The fourth edition of Constitutional Law represents a significant update of the third edition, published in 2006. During this period, the Supreme Court of Canada has continued to develop the jurisprudence in all areas of constitutional law, particularly the Canadian Charter of Rights and Freedoms, as well as the law as it relates to federalism and Aboriginal rights. The book includes the complete text of the Canadian Constitution, including explanatory footnotes as consolidated by the federal Department of Justice.

Previous editions of the book were written by Professor Monahan. Prior to commencing work on this revision, Professor Monahan invited Mr. Byron Shaw to join him as a co-author. This fourth edition is their joint project. As with earlier editions, the aim of this text is to provide lawyers, academics, and law students with a general introduction to, and overview of, the basic elements of the Canadian Constitution. to the authors discuss issues in sufficient detail such that the book will be of value to lawyers who encounter constitutional issues in their daily practice. The book has been cited with approval by provincial and territorial appellate courts as well as the Supreme Court of Canada.

Table of Contents

Foreword to the first edition

Part One: Introduction
Chapter 1: An Introduction to the Study of the Canadian Constitution

Part Two: The Framework and Institutions of Government
Chapter 2: Canada's Constitutional Development before 1867
Chapter 3: The Constitution Act, 1867: Executive and Legislative Power
Chapter 4: The Constitution Act, 1867: Federalism and Judicial Power

Part Three: Constitutional Change
Chapter 5: Constitutional Amendment, 1867 - 1982
Chapter 6: Constitutional Amendment since 1982

Part Four: The Courts and Canadian Federalism
Chapter 7: The Courts and Canadian Federalism: From Watertight Compartments to Shared Responsibility
Chapter 8: Peace, Order, and Good Government
Chapter 9: Trade and Commerce
Chapter 10: Property and Civil Rights in the Province
Chapter 11: Criminal Law
Chapter 12: The Constitution and Transportation

Part Five: The Charter and Aboriginal Rights
Chapter 13: The Canadian Charter of Rights and Freedoms
Chapter 14: Aboriginal Peoples and the Canadian Constitution

Part Six: Conclusion
Chapter 15: The Canadian Constitution in the Twenty-First Century

The Constitution Acts, 1867 to 1982
Table of Cases

Of interest...