Howie Kislowicz

Associate Prof @UCalgaryLaw (constitutional & admin), researches religious freedom (he/him). Donate to a food bank, I'll write you a song.

[Howie Kislowicz @HowieKislowicz]

We (@KerriFroc, @richard__moon, and I) are happy to let you know that our edited collection, Canada's Surprising Constitution, is published on May 1, 2024. It's a book about unexpected interpretations of the Constitution Act, 1982, available here: https://t.co/RoWBgjMIMc

[Howie Kislowicz @HowieKislowicz]

@DAJHetherington @davevwright @JWatsonHamilton @Lorian_H @nikolaou_nickie @ryanjclements @LawProfHolloway @molszyns @robert_rch Congratulations Derek!

[Howie Kislowicz @HowieKislowicz]

Of course, I can't capture here the brilliance of the chapters, but I hope you'll read the whole book. Thanks to all contributors & co-editors for their efforts, and @UCalgaryLaw for its support. This book has been a while in the making and I'm happy that is now in the world.

[Howie Kislowicz @HowieKislowicz]

Another set of surprises involves unexpected interpretations. @BenOliphant examines how the SCC's broad appraoch to freedom of expression has led to the eclipse of other more specific rights, such as freedom of the press and freedom of peaceful assembly.

[Howie Kislowicz @HowieKislowicz]

Finally, @vanessa_macd writes that the Court's interpretive approach, which weds the "living tree" & purposivism, has been surprisingly stable even as orginalism attracts more attention in Canada. There are signs that this may be shifting, but its endurance is surprising.

[Howie Kislowicz @HowieKislowicz]

In a final surprise of underdevelopment, @LouisPLampron examines the formalistic approach to the "notwithstanding clause", and wonders whether new pressures might suggest that surprises are in store in the interpretation of this provision.

[Howie Kislowicz @HowieKislowicz]

Similarly, @mikepalcanada shows how crucial aspects of the right to vote remain unexplored by the courts, including the important relationship between s 3 of the Charter (the right to vote) and s 1, the limitations clause.

[Howie Kislowicz @HowieKislowicz]

For some rights, one element is more developed than another. As @CarolineHMagnan, argues while minority official language education rights have received much attetion, the right to use English & French in "any court established by Parliament" has received surprisingly little.

[Howie Kislowicz @HowieKislowicz]

Similarly, @KerriFroc looks at s 28 of the Charter, which guarantees "rights equally to male and female persons", noting the absence of interpretation by the SCC, and suggesting a robust role for the provision.

[Howie Kislowicz @HowieKislowicz]

In another surprise of underdevelopment, @basilalexander looks at freedom of peaceful assembly. He notes the lack of interpretation by the SCC, and suggests some developments in the Quebec courts show the potential for a specialized jurisprudence.

[Howie Kislowicz @HowieKislowicz]

Here's a peek at what's inside. The first set of surprises relate to the underdevelopment of certain provisions. In my chapter, I examine the "supremacy of God" clause in the Charter's preamble: its surprising emptiness and its potential relation to the "freedom of the church"

[Howie Kislowicz @HowieKislowicz]

We (@KerriFroc, @richard__moon, and I) are happy to let you know that our edited collection, Canada's Surprising Constitution, is published on May 1, 2024. It's a book about unexpected interpretations of the Constitution Act, 1982, available here: https://t.co/RoWBgjMIMc

[Howie Kislowicz @HowieKislowicz]

@DwightNewmanLaw Thanks Dwight!

[Howie Kislowicz @HowieKislowicz]

ICYMI: @AnnaJaneL and I have a new piece out in the UBC Law Review about the application of the corporate oppression remedy in religious organizations. Find it here: https://t.co/9960RaYj0T