Failing Constitutional Law

In the last couple of years, I have seen more students failing constitutional law than ever before. The course itself has not changed significantly over the years, but perhaps the expectations might have.

Constitutional law can be daunting for some people, espcially those who were trained in a foreign jurisdiction. Canada has a very unique constitutional supremacy where much of our laws and principles have been inherited from the UK. Yet, Canada has paved its own way and has departed from its predecessors. Understanding the similarities and differences between the UK and Canadian constitutions as well as the opposition to the Constitution Act 1982, is important for you to fully grasp the relation between Canada and all her provinces.

From years of expereince working with hundreds of NCA students on this topic, students do not spend nearly enough time trying to understand the Hogg text and his views. Below you will find an article I wrote for Aharon Barak (according to Peter Hogg, he is the world's foremost scholar on proportionality). The article sets out a step by step guide to performing Charter review. It also clearly expresses Hogg's veiws and how it contrasts with that of the Supreme Court of Canada.

I hope this article provides you some clarify on a complex and ever evolving review of rights and freedoms.