Constitutional Cases 2024 (Pt 5) | The Criminal Law Power and the Evolution of Federalism

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Document Type

Video

Publication Date

4-12-2024

Abstract

Since confederation, the federal criminal law power has been central to both the vision and operation of the Canadian constitutional order. It is arguably the true “plenary” federal power and has always — since early debates about its nature and purpose — had a rights-adjacent character. As we watch the Court preside over a significant evolution in the nature of contemporary federalism, this Panel takes the Court’s decision in Murray-Hall as a touchstone for reflecting on the role and future of the criminal law power.

Panelists:

Asha Kaushal (Peter A Allard School of Law, University of British Columbia) and Robert Danay (Ministry of Attorney General of British Columbia)

Benjamin Perryman (Faculty of Law, University of New Brunswick)

Yashoda Ranganathan (Crown Law Office – Constitutional)

Colton Fehr (College of Law, University of Saskatchewan)

Chair: Vanessa MacDonnell (Faculty of Law, University of Ottawa)

The 27th iteration of the Constitutional Cases conference was held on Friday, April 12, 2024. Osgoode Hall Law School’s Annual Constitutional Cases Conference, recognized as the leading constitutional law conference in Canada, brings together many highly respected constitutional scholars, lawyers, students, and experts for an insightful and practical analysis of the Supreme Court’s significant constitutional judgments of the past year.

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